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Europaudvalget 2004-05 (1. samling), Det Udenrigspolitiske Nævn 2004-05 (1. samling)
Det Europæiske Råd 16-17/12-04 Bilag 3, UPN Alm.del Bilag 32
Offentligt

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EUK

1. december 2004

Til underretning for Folketingets Europaudvalg vedlægges formandskabets

udkast til konklusioner vedrørende Det Europæiske Råds møde i Bruxelles

den 16.-17. december 2004, 15337/04.

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COUNCIL OF

THE EUROPEAN UNION

Brussels, 29 November 2004

15337/04

LIMITE

POLGEN 48

NOTE

from :

to :

Subject :

The Presidency

Coreper

European Council (16-17 December 2004)

– Draft Conclusions

The Presidency hereby submits to Coreper a first draft of the conclusions to be

arrived at by the European Council at its meeting on 16-17 December 2004. It no-

tes that some of the language may require amendment in view of Council meetings

and other developments prior to the European Council.

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The meeting of the European Council was preceded by an exposé by the

President of the European Parliament, Mr Josep Borrell, followed by an

exchange of views.

The European Council welcomed the President of the Commission, Mr José

Manuel Barroso. It congratulated him on the assumption of office of his

College and expressed its wish to work closely with the new Commission.

The European Council discussed the following items

II.

III.

IV.

VI.

Enlargement

Terrorism

Financial Framework 2007-2013: principle and guidelines

Area of Freedom, Security and Justice: the EU Drugs Strategy 2005-

2012

External Affairs

Other issues

ENLARGEMENT

General

The European Council welcomed the findings and recommendations pre-

sented by the Commission on 6 October 2004 to the Council and the Euro-

pean Parliament in its Regular Reports on Bulgaria, Romania and Turkey,

Strategy Paper on Bulgaria, Romania and Croatia, Recommendation on

Turkey and document on Issues Arising from Turkey's Membership Per-

spective.

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With the accession of ten new Member States to the European Union suc-

cessfully accomplished, the European Council expressed its determination

to continue the process it has engaged in with the candidate countries, thus

contributing to Europe's prosperity, stability and unity.

Bulgaria

The European Council recalled that all of the outstanding chapters in the

accession negotiations with Bulgaria had been provisionally closed earlier

in 2004. [It welcomed the successful completion of these negotiations with

Bulgaria on 14 December 2004.]

Taking due note of the relevant assessments and recommendations by the

Commission, the European Council considered that Bulgaria will be able

to assume all the obligations of membership at the envisaged time of its

accession, January 2007, provided that it continues its efforts to that end

and completes in a successful and timely way all necessary reforms and

commitments undertaken in all areas of the acquis.

The European Union will continue to monitor closely Bulgaria's preparations

and achievements.

Anticipating the successful completion by Bulgaria of its preparations for

accession to the Union, the European Council called for the finalisation of

the Accession Treaty with a view to its signing on [date to be decided]

2005.

Romania

[The European Council noted with satisfaction that progress made by Roma-

nia in implementing the acquis and commitments entered into as regards,

in particular, Justice and Home Affairs and Competition, has made it pos-

sible to close formally all of the outstanding chapters with this candidate

on 14 December 2004.

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Taking due note of the relevant assessments and recommendations by the

Commission, the European Council considered that Romania will be able

to assume all the obligations of membership at the envisaged time of its

accession, January 2007, provided that it continues its efforts to that end

and completes in a successful and timely way all necessary reforms and

commitments undertaken in all areas of the acquis, in particular regarding

Justice and Home Affairs and Competition.

The European Union will continue to monitor closely Romania's prepara-

tions and achievements.

Anticipating the successful completion by Romania of its preparations for

accession to the Union, the European Council called for the finalisation of

the Accession Treaty with a view to its signing on [date to be decided]

2005.]

Croatia

The European Council noted with satisfaction the progress made by Croatia

in preparation for the opening of accession negotiations.

Recalling its conclusions of June 2004, it urged Croatia to take the necessary

steps for full cooperation with ICTY and reiterated that the remaining in-

dictee must be located and transferred to the Hague as soon as possible.

It invited the Commission to present to the Council a proposal for a frame-

work for negotiations with Croatia, taking full account of the experience of

the fifth enlargement. It requested the Council to agree on that framework

with a view to opening the accession negotiations on [date] provided that

full cooperation with ICTY has been confirmed by the Council.

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Turkey

The European Council recalled its previous conclusions regarding Turkey, in

which at a first stage it agreed that Turkey was

a candidate state destined

to join the Union on the basis of the same criteria as applied to the other

candidate states

and, subsequently, concluded that, if it were to decide at

its December 2004 meeting,

on the basis of a report and recommendation

from the Commission, that Turkey fulfils the Copenhagen political criteria,

the European Union will open accession negotiations with Turkey without

delay.

The European Council welcomed the decisive progress made by Turkey in

its far-reaching reform process and reiterated its determination to enable

Turkey to join the European community of values, confident that Turkey

will sustain the process of reform to that end.

The European Council welcomed Turkey's [ decision ] to sign the protocol

regarding the adaptation of the Ankara Agreement, taking account of the

accession of the new Member States.

The European Council welcomed Turkey's commitment to good neighbourly

relations and its readiness to continue to work with Member States towards

resolution of remaining border disputes, in conformity with the principle

of peaceful settlement of disputes in accordance with the United Nations

Charter.

The European Council noted the resolution adopted by the European Parlia-

ment on […] December 2005.

[PM: decision, date, process]

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Framework for negotiations

The European Council agreed that accession negotiations with individual

candidate states will be based on a framework for negotiations. This

framework, which will be established by the Council on a proposal by the

Commission, taking account of each candidate's own merits and of the ex-

perience of the fifth enlargement process, will address the following ele-

ments.

As in previous negotiations, the substance of the negotiations, which

will be conducted in an Intergovernmental Conference where deci-

sions require unanimity, will be broken down into a number of chap-

ters, each covering a specific policy area. The Council, on a proposal

by the Commission, will lay down benchmarks for the opening and

provisional closure of each chapter.

Long transition periods may be needed and specific arrangements, in

areas such as structural policies and agriculture, as well as permanent

safeguard clauses, notably in the area of the free movement of per-

sons. Furthermore, the decision-taking process regarding the eventu-

al establishment of freedom of movement of persons should allow

for a maximum role for individual Member States. Transitional ar-

rangements or safeguards should be reviewed regarding their impact

on competition or the functioning of the internal market.

The financial aspects of accession of a candidate state must be al-

lowed for in the applicable Financial Framework. Hence, accession

negotiations yet to be opened with candidates whose accession could

have substantial financial consequences can only be concluded after

the establishment of the Financial Framework for the period from

2014, which should entail a structural reform of funding and ex-

penditure of the European Union.

[ PM: paragraph regarding goal and outcome of negotiations; ref.

COM line: "open-ended process whose outcome cannot be guaran-

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teed beforehand" ]

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In the case of a serious and persistent breach in a candidate state of

the principles of liberty, democracy, respect for human rights and

fundamental freedoms and the rule of law on which the Union is

founded, the Commission will, at its own initiative or on the request

of at least one third of the Member States, recommend the suspen-

sion of negotiations and propose the conditions for eventual resump-

tion. The Council will decide by qualified majority on such a rec-

ommendation, after having heard the candidate state, whether to sus-

pend the negotiations and on the conditions for their resumption. The

Member States will act in the IGC in accordance with the Council

decision.

Parallel to accession negotiations, the Union will engage with every

candidate state in an intensive political and cultural dialogue. With

the aim of enhancing mutual understanding by bringing people to-

gether, this inclusive dialogue also will involve civil society

TERRORISM

The European Council reiterated its determination to combat relentlessly and

comprehensively the continuing terrorist threat through an integrated ap-

proach reinforcing both internal and international cooperation.

Democracy and respect for fundamental rights must not be allowed to be

undermined by terrorism. The European Council stressed the importance

of promoting respect, tolerance, dialogue and full participation in society

by all. It noted that effective integration policies and exchange of best

practices within the Union can contribute to this, and in this respect wel-

comed the outcome of the Ministerial Conference on integration which

paid special attention to youth susceptible to radical influences.

Radicalisation facilitates terrorist recruitment. The European Council called

on the Council to establish a long-term strategy and action plan on both is-

sues by the end of 2005, building on the report on recruitment recently

adopted by the Council.

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The European Council called for prompt implementation of measures identi-

fied in the

Hague Programme on strengthening freedom, security and jus-

tice

relevant to combating terrorism. As, in particular, obstacles to the ex-

change of information between terrorism related services must be re-

moved, the European Council invited the Commission to present proposals

to this end based on the principle of availability of information.

The European Council welcomed the revised EU Action Plan and additional

reports presented by the Secretary General/ High Representative and the

Commission on combating terrorism and the substantial progress made

since June 2004 as demonstrated in these contributions, notably:

the reinforcement of practical and operational cooperation notably

through Europol and the Police Chiefs Task Force; better exchange

of information between Member States and Europol and Eurojust;

the exchange of data on lost and stolen passports with Interpol; the

peer evaluations in 15 Member States of the national structures on

combating terrorism to be completed for 25 by September 2005.

Member states are called upon to report on implementation of rec-

ommendations aimed at strengthening these structures;

concerning judicial cooperation: improved exchange of information

from criminal records (to be further developed by the end of 2005 on

the basis of the Commission's White Paper); progress on retention of

telecommunications data and the European Evidence Warrant (both

to be agreed by the end of 2005). The European Council invites the

Commission to present proposals for a European Protection Pro-

gramme – as soon as possible – to protect and assist victims of ter-

rorism, as well as witnesses in terrorism cases;

as regards border and document security: the enhanced security of

EU passports by the inclusion of biometric data (facial image and

fingerprints) and the establishment of the European Border Agency

(to be operational by May 2005);

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concerning intelligence cooperation, the links established between

the Counter Terrorism Group and the re-enforced EU Situation Cen-

tre which as of 1 January 2005 will provide the Council with strate-

gic threat assessments based on intelligence from national services;

and the improved exchange of information with Europol. The Euro-

pean Council invited the SG/HR to report on progress, including en-

hanced co-operation between police and security services;

measures to combat terrorist financing, notably agreement on con-

trols on cash entering or leaving the Union and on the third Money

Laundering Directive; best practices in implementing financial sanc-

tions against terrorists and their organisations; and the overall strate-

gy paper presented by the SG/HR and the Commission. In particular,

the Commission is invited to present to the Council as soon as possi-

ble proposals to prevent misuse of charitable organisations for the fi-

nancing of terrorism and Member States are urged to put forward the

names of individuals and groups for inclusion in the European Union

list for freezing of assets;

conclusions on strengthening civil protection capacity and the estab-

lishment of a Solidarity Programme regarding the consequences of

terrorists attacks. Further assessment and development of civil pro-

tection capabilities, including joint exercises and coordination of

public information aspects, as well as improved availability of medi-

cal resources is required by June 2005. A European Programme to

protect critical, trans-boundary infrastructure should be established

before the end of 2005;

progress on external policies through counter terrorism clauses in

agreements with third countries which should be made operational as

soon as possible; the implementation of the 2004 EU-US Declaration

on combating terrorism; the conceptual framework and action points

on the ESDP dimension of the fight against terrorism; and strength-

ening cooperation with priority third countries through dialogue and

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assistance. The Council and the Commission are called upon to set

up a network of national experts to respond to requests for technical

assistance by third countries and to establish a new financial instru-

ment comparable with the twinning concept.

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The European Council urged all Member States to implement on a priority

basis the measures agreed by the European Union and other relevant inter-

national organisations, and urged the Council and the Commission to con-

tinue their efforts to implement the EU Action Plan and respect its dead-

lines.

The European Council requested the General Secretariat of the Council, to-

gether with the Commission, to submit a further progress report including

any recommendations they may wish to make on improving delivery

and/or additional efforts and initiatives in June 2005.

FINANCIAL FRAMEWORK 2007-2013

Principles and Guidelines

The European Council welcomed the Presidency Progress Report on the Fi-

nancial Framework 2007-2013, including the Inter-institutional Agree-

ment/flexibility and own resources.

The European Council confirmed that the new Financial Framework, to be

agreed in comprehensive negotiations, should equip the enlarged Union

with the financial means enabling it to effectively address future challeng-

es through policies providing added value and consistent with the princi-

ples of subsidiarity and proportionality. Expenditure for individual policy

areas must be seen in the context of the overall expenditure level, and such

expenditure must be seen in the context of the overall negotiation includ-

ing the question of own resources.

The next Financial Framework should demonstrate similar efforts towards

budgetary rigour as those undertaken at national level. Those efforts will

be assisted by maintaining a strict demarcation between policy areas, with

sufficient margins within headings, and a balanced ratio of commitments

to payments. As existing measures to ensure budgetary flexibility have

worked well, at this stage additional flexibility arrangements are not

deemed necessary.

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In the light of the Presidency progress report the European Council pointed

in particular to the following shared principles:

On competitiveness for growth and employment: while recognising

the importance of regulation, coordination and structural reforms, the

European Council considered that EU expenditure programmes can

also contribute to achieving the Lisbon objectives.

On cohesion for growth and employment: the European Council af-

firmed that efforts should be directed to the objective of reducing

disparities in development levels, with particular attention to the

least developed areas of the Union. Solidarity should be the guiding

principle for the distribution of cohesion funds in the enlarged Un-

ion. In this respect the particular needs of new Member States to

converge to the appropriate European average is acknowledged.

On the preservation and management of natural resources: the Euro-

pean Council reconfirmed its agreement of October 2002 on the ceil-

ing on market related expenditure and direct payments under the

Common Agricultural Policy to be part of an overall agreement.

On the Area of Freedom, Security and Justice: the European Council

recognised this to be the main priority within the framework of ac-

tions designed to further citizenship. In this light, the European

Council confirmed that due account should be taken of the financial

implications of the

Hague Programme

it agreed in November 2004.

On the European Union as a global partner: the European Council

considered that the European Union should be able to fulfil its inter-

national responsibilities; a set of simplified and balanced foreign pol-

icy instruments should help to achieve this ambition. An adequate

margin in the relevant budget heading will allow the Union to re-

spond to unforeseen events or developments.

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The European Council endorsed the Commission proposal to maintain the

ceiling for the own resources at the current level of 1,24% of EU GNI. The

European Council took note of the Commission report on the operation of

the own resources system, including its budgetary consequences for the

Member States, as well as of the proposal to introduce a generalised cor-

rection mechanism. It called on the Commission and the Council to con-

tinue the examination of all the issues arising in this connection, including

possible simplification of the system towards a GNI-based system.

The incoming Presidency is invited to press ahead with the work towards

establishment of the next Financial Framework. Further work on the Fi-

nancial Framework should take full account of the range of positions of

Member States as reflected in the Progress Report including the building

blocks and should comply with the timeframe of the Multiannual Strategic

Programme.

The incoming Presidency is furthermore invited to take all necessary steps to

establish appropriate contacts with the European Parliament.

IV. AREA OF FREEDOM, SECURITY AND JUSTICE

EU Drugs strategy 2005-2012

The European Council adopted the Drugs strategy 2005-2012. The Strategy

will be a key instrument to effectively confront drugs use and trafficking

with a view to ensuring a high level of health protection, wellbeing and so-

cial cohesion, as well as a high level of security for the general public. The

European Council invited the Commission to present to the Council a pro-

posal for an Action Plan for implementation of the Strategy in 2005-2009

with a view to its adoption by the Council early in 2005 and to prepare an

evaluation of its implementation in 2008.

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Immigrant integration policy

Recalling its conclusions of June 2003 and November 2004, the European

Council welcomed the establishment of common basic principles for im-

migrant integration policy. These are to be the basis of a comprehensive

framework on immigrant integration, taking into account the legal, politi-

cal, economic, social and cultural diversity of Member States. They need

to be developed in the light of shared experiences.

The European Council furthermore welcomed the outcome of the Ministerial

Conference on Urban Development and recognised the importance of ur-

ban areas for promotion of social inclusion.

V. EXTERNAL AFFAIRS

The European Council reiterated that the European Security Strategy, adopt-

ed one year ago, remains a key policy framework for addressing key

threats and global challenges. It reaffirmed its determination to meet the

challenge of guaranteeing a secure Europe in a better world. The European

Council welcomed the active and coherent implementation of the Strategy

in close cooperation with partners. It invited the incoming Presidency to

continue this work in cooperation with the Secretary General / High Rep-

resentative and the Commission.

[PM: to be completed by the GAERC]

International cooperation

The European Council emphasised the importance of ensuring a coherent

contribution of EC ODA to poverty eradication in all developing countries.

In this context, whilst honouring existing commitments, the European

Council underlined the need to find ways to increase the focus on the

poorest, with a specific focus on Africa.

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The European Council confirmed the full commitment of the European Un-

ion to the Millennium Development Goals (MDGs) and to the need to en-

sure progress towards achieving them, especially in Sub-Sahara Africa. In

that respect, the European Council welcomed the consultation by the

Commission of individual Member States with a view to presenting to the

Council (GAERC) in April 2005 concrete proposals on setting new and

adequate ODA targets for the period 2009-2010, while taking into account

the position of new Member States.

The European Council called, in the framework of achieving the MDGs, for

further strengthening of policy coherence for development by making wid-

er and more systematic use of existing mechanisms for consultation and

impact assessment and procedures to screen all relevant policies for their

impact on developing countries.

VI. OTHER ISSUES

Commonly shared values

The European Council noted with approval the series of public debates host-

ed by the Presidency, engaging participants with wide-ranging back-

grounds and experience, on the European identity and the concept of

commonly shared values as foundation of European integration and coop-

eration.

The European Council took note of the results of this series of debates, of the

report of the Education Council on Education and Citizenship and of the

follow up initiatives and welcomed further initiatives to advance the values

which contribute to active citizenship in the Union. The European Council

invited the European Commission to incorporate the results of the debates

and the main findings of the report into its future Citizens’ Programme and

its communication strategy for 2005.

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Consular cooperation

The European Council confirmed the importance of intensified consular co-

operation. It welcomed the agreement reached in the Council on pooling

consular resources and cooperation both in normal times and in times of

crises, thus helping Member States to deal more effectively with the in-

creasing demand for consular services.

European External Action Service

The European Council welcomed the fact that, following the signature of the

Constitutional Treaty, work on the European External Action Service has

begun by the Presidency, Secretary-General/High Representative and the

Commission.

It invited the Secretary-General/High Representative together with the

Commission to continue this preparatory work, in particular by identifying

key issues, including the scope and structure of the future service and tak-

ing account of the views of Member States. To ensure the full involvement

of Member States in this process, regular discussions will take place in the

General Affairs part of the General Affairs and External Relations Coun-

cil, prepared by Coreper.

The European Council invited the Secretary-General/High Representative

together with the Commission to prepare a progress report on this prepara-

tory work to its June 2005 meeting at the latest, and to take appropriate

steps to keep the European Parliament informed.

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Seats and Appointments

[PM]

[PM: Ratification of the Constitutional Treaty; Communicating Europe]