Det Udenrigspolitiske Nævn 2020-21
UPN Alm.del Bilag 82
Offentligt
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European Council
Brussels, 11 December 2020
(OR. en)
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CO EUR 17
CONCL 8
NOTE
From:
To:
Subject:
General Secretariat of the Council
Delegations
European Council meeting (10 and 11 December 2020)
–
Conclusions
Delegations will find attached the conclusions adopted by the European Council at the above
meeting.
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Conclusions
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10 and 11 December 2020
The European Council paid homage to former French President Valéry Giscard d’Estaing, who
passed away on 2 December 2020. He was a driving force behind the European project, and played
a key role in creating the European Council.
I.
1.
MFF/NGEU
The European Council recalls that the European Union, its Member States and its institutions
are all committed to promoting and respecting the values on which the Union is founded,
including the rule of law, as laid down in the Treaties. It also recalls that Article 7 TEU
establishes the procedure to address the breaches of the Union’s values under Article 2 TEU.
2.
With a view to finding a mutually satisfactory solution and addressing the concerns expressed
with regard to the draft Regulation on a general regime of conditionality for the protection of
the Union budget, more particularly with regard to the way in which this Regulation will be
applied, the European Council underlines that the Regulation is to be applied in full respect of
Article 4(2) TEU, notably the national identities of Member States inherent in their
fundamental political and constitutional structures, of the principle of conferral, as well as of
the principles of objectivity, non-discrimination and equal treatment of Member States.
The European Council agrees on the following:
a)
The objective of the Regulation on a general regime of conditionality for the protection
of the Union budget is to protect the Union budget, including Next Generation EU, its
sound financial management and the Union’s financial interests. The Union budget,
including Next Generation EU, must be protected against any kind of fraud, corruption
and conflict of interest.
b)
The application of the conditionality mechanism under the Regulation will be objective,
fair, impartial and fact-based, ensuring due process, non discrimination and equal
treatment of Member States.
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c)
With a view to ensuring that these principles will be respected, the Commission intends
to develop and adopt guidelines on the way it will apply the Regulation, including a
methodology for carrying out its assessment. Such guidelines will be developed in close
consultation with the Member States. Should an action for annulment be introduced
with regard to the Regulation, the guidelines will be finalised after the judgment of the
Court of Justice so as to incorporate any relevant elements stemming from such
judgment. The Commission President will fully inform the European Council. Until
such guidelines are finalised, the Commission will not propose measures under the
Regulation.
d)
The application of the mechanism will respect its subsidiary character. Measures under
the mechanism will be considered only where other procedures set out in Union law,
including under the Common Provisions Regulation, the Financial Regulation or
infringement procedures under the Treaty, would not allow to protect the Union budget
more effectively.
e)
The measures under the mechanism will have to be proportionate to the impact of the
breaches of the rule of law on the sound financial management of the Union budget or
on the Union’s financial interests, and the causal link between such breaches and the
negative consequences on the Union’s financial interests will have to be sufficiently
direct and be duly established. The mere finding that a breach of the rule of law has
taken place does not suffice to trigger the mechanism.
f)
The triggering factors set out in the Regulation are to be read and applied as a closed list
of homogenous elements and not be open to factors or events of a different nature. The
Regulation does not relate to generalised deficiencies.
g)
Any formal opening of the procedure will be preceded by a thorough dialogue with the
Member State concerned so as to give it the possibility to remedy the situation.
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h)
The Commission will bear full responsibility for autonomously assessing whether the
conditions for the adoption of measures exist, whether it relies on its own information or
on that from third parties. It will bear full responsibility for the accuracy and relevance
of the information and findings on which it bases its assessment. Where such
information and findings, whichever their origin, are used for the purposes of the
Regulation, the Commission will ensure that their relevance and use will be determined
exclusively in light of the Regulation’s aim to protect the Union’s financial interests.
i)
The measures adopted under the mechanism will be promptly reviewed at the initiative
of the Member State concerned or by the Commission at the latest one year after their
adoption by the Council. In case the Commission decides not to submit a proposal to lift
the measures, it will state the reasons for its decision and will inform of them at a
meeting of the Council.
j)
In case the Member State concerned submits a request as set out in recital 26 of the
Regulation, the President of the European Council will put the item on the European
Council agenda. The European Council will strive to formulate a common position on
the matter.
k)
The Regulation has been negotiated as an integral part of the new budgetary cycle, and
therefore, it will apply as from 1 January 2021 and the measures will apply only in
relation to budgetary commitments starting under the new Multiannual Financial
Framework, including Next Generation EU.
3.
The European Council welcomes the Commission’s intention to adopt a Declaration, to be
entered in the minutes of the Council when deciding on the Regulation, expressing its
commitment to apply the elements referred to in paragraph 2 above which fall within the
remit of its responsibilities in the application of the Regulation.
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4.
The European Council agrees that the elements in paragraphs 1 to 3 above constitute an
appropriate and lasting response to the concerns expressed, without prejudice to the rights of
Member States under Article 263 TFEU. Against this background, it invites the European
Parliament and the Council to immediately take the necessary steps for the adoption of the
whole package of relevant instruments, including the Multiannual Financial Framework
Regulation and the Own Resources Decision. Member States will do their utmost to approve
the Own Resources Decision in accordance with their respective constitutional requirements
with a view to its prompt entry into force.
II.
5.
COVID-19
The European Council welcomes the recent positive announcements on the development of
effective vaccines against COVID-19 and the conclusion of advance purchase agreements by
the Commission.
6.
However, the arrival of vaccines does not mean that the pandemic is over. The
epidemiological situation in Europe remains worrying, even though the considerable efforts
made by all are starting to yield results. We must therefore sustain our efforts to counter the
spread of the virus with a view to preventing further waves of infections.
7.
The European Council welcomes the coordination of efforts at EU level so far and commits to
strengthening this coordination, in particular in preparing for a gradual lifting of restrictions
and a return to normal travel, including for cross-border tourism, when the sanitary situation
allows. It agrees on the need to enhance the sharing of experiences and of plans for the future.
Building on the work done over the past weeks, it invites the Commission to present a
proposal for a Council recommendation on a common framework for rapid antigen tests and
for the mutual recognition of test results. A coordinated approach to vaccination certificates
should also be developed.
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8.
The European Council underlines the importance of preparations for the timely deployment
and distribution of vaccines, including the development of national vaccination strategies, to
ensure that vaccines are made available to people in the EU in good time and in a coordinated
manner. It is important to provide clear factual information on vaccines and to counter
disinformation.
9.
Vaccination should be treated as a global public good. The EU will continue its efforts to
contribute to the international response to the pandemic, including via the COVAX facility for
guaranteeing affordable and fair access to vaccines for all.
10.
The European Council highlights the need to pursue work to increase resilience in the area of
health, including by taking forward the proposals for a Health Union and making full use of
the potential of health data in Europe.
11.
With a view to better anticipating and managing potential future pandemics, taking into
account ongoing evaluations, including of the International Health regulations, the EU will
promote ways to reinforce international cooperation, including through a possible
international treaty on pandemics within the framework of the World Health Organization,
which is at the centre of international cooperation on health matters.
III. CLIMATE CHANGE
12.
To meet the objective of a climate-neutral EU by 2050 in line with the objectives of the Paris
Agreement, the EU needs to increase its ambition for the coming decade and update its
climate and energy policy framework. To that end, the European Council endorses a binding
EU target of a net domestic reduction of at least 55% in greenhouse gas emissions by 2030
compared to 1990. It calls on the co-legislators to reflect this new target in the European
Climate Law proposal and to adopt the latter swiftly.
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13.
We will raise our climate ambition in a manner that will spur sustainable economic growth,
create jobs, deliver health and environmental benefits for EU citizens, and contribute to the
long-term global competitiveness of the EU economy by promoting innovation in green
technologies.
14.
The target will be delivered collectively by the EU in the most cost-effective manner possible.
All Member States will participate in this effort, taking into account considerations of fairness
and solidarity, while leaving no one behind. The new 2030 target needs to be achieved in a
way that preserves the EU’s competitiveness and takes account of Member States’ different
starting points and specific national circumstances and emission reduction potential, including
those of island Member States and islands, as well as efforts made. The European Council
acknowledges the need to ensure interconnections, energy security for all Member States,
energy at a price that is affordable for households and companies, and to respect the right of
the Member States to decide on their energy mix and to choose the most appropriate
technologies to achieve collectively the 2030 climate target, including transitional
technologies such as gas.
15.
Public finance and private capital must be mobilised to address the significant investment
needs stemming from this increased ambition. The economic response to the coronavirus
crisis offers the opportunity to accelerate the sustainable transformation and modernisation of
our economies and to gain a competitive advantage. Best use must be made of the
MFF/NGEU package, including the Just Transition Mechanism, to achieve our climate
ambition. As agreed in July 2020, climate action will be mainstreamed in policies and
programmes financed under the MFF and NGEU. An overall climate target of at least 30%
will apply to the total amount of expenditure from the MFF and NGEU and be reflected in
appropriate targets in sectoral legislation.
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16.
The EU should promote the development of common, global standards for green finance.
The European Council invites the Commission to put forward a legislative proposal for an EU
green bond standard by June 2021 at the latest. It also welcomes the EIB Group Climate Bank
Roadmap 2021-2025, which will contribute to meeting
the EIB Groupʼs
commitment to
support EUR 1 trillion of climate and environmental investments by 2030.
17.
The European Council invites the Commission to assess how all economic sectors can best
contribute to the 2030 target and to make the necessary proposals, accompanied by an in-
depth examination of the environmental, economic and social impact at Member State level,
taking into account national energy and climate plans and reviewing existing flexibilities.
The Commission is invited to consider, taking into account the principles set out in
paragraph 14, in particular:
–
exploring ways to strengthen the ETS system, in particular carbon pricing policies,
while preserving its integrity and taking into account the need to address distributional
concerns and energy poverty.
–
proposing measures that enable energy-intensive industries to develop and deploy
innovative climate-neutral technologies while maintaining their industrial
competitiveness;
–
proposing a carbon border adjustment mechanism to ensure the environmental integrity
of EU policies and avoid carbon leakage in a WTO-compatible way;
–
addressing concerns raised in relation to the distribution of efforts, fairness and cost-
effectiveness, forestry and land use and rising emissions and decreasing sinks from
these sectors caused by the adverse effects of climate change.
18.
The problem of imbalances for beneficiaries of the Modernisation Fund in not receiving
revenues that are equivalent to the costs paid by the ETS installations in those Member States
will be addressed as part of the upcoming legislation.
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19.
The European Council will return to the matter and adopt additional guidance in time before
the Commission puts forward its proposals. The future of the Effort Sharing Regulation will
be tackled on this occasion.
20.
The EU’s nationally determined contribution will be updated according to the new binding
target and submitted to the UNFCCC secretariat by the end of the year. Ahead of COP 26, the
European Council reiterates that international engagement is crucial to success in addressing
climate change. It calls upon all other Parties, in particular major economies, to come forward
with their own ambitious targets and policies. It underlines the importance of strong
coordinated action through active European climate diplomacy.
21.
The EU will ensure that its trade policy and its trade agreements are consistent with its
climate ambition.
22.
The European Council looks forward to the stepping up of international efforts to protect
biodiversity ahead of the 15th Conference of the Parties to the Convention on Biological
Diversity which will be organised in China next year.
IV. SECURITY
23.
The European Council firmly condemns the recent terrorist attacks across Europe. It extends
its deepest condolences to the families and friends of the victims and stands in solidarity with
the people of Austria, Germany and France. It underlines the importance of providing support
to the victims of terror acts and of the full implementation of the relevant EU Directives. We
are united in the fight against radicalisation, terrorism and violent extremism. In the face of
these attacks on fundamental rights and freedoms, the EU will uphold the common values that
underpin our pluralist societies and continue to pursue with determination its joint efforts to
defend them. In that context, it is important to fully implement existing decisions. The
European Council also welcomes the Commissionʼs presentation of a new EU agenda on
counter-terrorism and calls for work on this to be taken forward. It reaffirms the role of the
EU Counter Terrorism Coordinator.
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24.
The European Council condemns all forms of attacks on the freedoms of expression and
religion or belief, including antisemitism, racism and xenophobia, and underlines the
importance of combating incitement to hatred and violence, as well as intolerance.
It welcomes the adoption of the Council Declaration on mainstreaming the fight against
antisemitism across policy areas.
25.
It is essential to prevent radicalisation and address the ideologies behind terrorism and violent
extremism, including online. The European Council calls for the following:
–
stepping up the fight against illegal content online. In that regard it looks forward to an
ambitious Commission proposal to reinforce the responsibilities of online platforms
under the Digital Services Act;
–
swiftly adopting the proposal on addressing the dissemination of terrorist content
online;
–
ensuring that religious education and training are in line with European fundamental
rights and values, and addressing foreign influencing of national civil and religious
organisations through non-transparent financing;
–
supporting initiatives to better understand the spread of extremist ideologies. Europe-
wide comprehensive exchanges of scientific knowledge, research and expertise must be
enhanced.
26.
It is essential that law enforcement and judicial authorities are able to exercise their lawful
powers both online and offline to combat serious crime. The European Council stresses the
need to advance work on the retention of data necessary to combat serious crime, in the light
of the latest case law of the European Court of Justice and in full respect of fundamental
rights and freedoms.
27.
To further support law enforcement across the EU and the proper functioning of the Schengen
area, the implementation of agreed measures should be stepped up substantially, and police
and judicial cooperation and coordination should be strengthened.
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28.
The European Council:
–
calls on Member States to step up their efforts to make full use of European databases
and information systems, in particular as regards entering in the databases relevant data
on persons who are assessed by individual Member States as posing a serious terrorist
or violent extremist threat, including foreign terrorist fighters;
–
stresses the importance of ensuring that all persons crossing the Union’s external
borders are checked against the relevant databases as required by the relevant EU
legislation;
–
invites the co-legislators to examine the proposal on the strengthening of Europol’s
mandate with a view to its rapid adoption;
–
underlines the overall importance of police and judicial cooperation in all its aspects.
V.
EXTERNAL RELATIONS
EU-US relations
29.
Following elections in the United States, the European Council held a discussion on EU-US
relations. It highlighted the importance of a strong strategic transatlantic partnership based on
common interests and shared values. This is especially important in light of the need to tackle
pressing global challenges. The EU looks forward to working together with the United States,
in particular to reinforce the global response to fight the COVID-19 pandemic, tackle climate
change, enhance the economic recovery, cooperate on digital and technological matters,
strengthen mutual trade, address trade disputes, reform the WTO, and promote multilateralism
as well as peace and security. We stand ready to discuss shared priorities with the new
President of the United States.
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Eastern Mediterranean
30.
The European Council reverted to its conclusions of 1-2 October 2020 on the European
Union’s relations with Turkey in light of the situation in the Eastern Mediterranean.
Regrettably, Turkey has engaged in unilateral actions and provocations and escalated its
rhetoric against the EU, EU Member States and European leaders. Turkish unilateral and
provocative activities in the Eastern Mediterranean are still taking place, including in Cyprus’
Exclusive Economic Zone. The European Council notes Turkey’s withdrawal of the vessel
Oruç Reis and insists on sustained de-escalation so as to allow for the early resumption and
smooth continuation of direct exploratory talks between Greece and Turkey.
31.
The European Council reaffirms the EU’s strategic interest in the development of a
cooperative and mutually beneficial relationship with Turkey. The offer of a positive EU-
Turkey agenda remains on the table, provided Turkey shows readiness to promote a genuine
partnership with the Union and its Member States and to resolve differences through dialogue
and in accordance with international law. Such an agenda could cover the areas of the
economy and trade, people to people contacts, High level dialogues and continued
cooperation on migration issues. The European Council stresses the importance of keeping
channels of communication between the EU and Turkey open. The EU will also be prepared
to continue providing financial assistance to Syrian refugees and host communities in Turkey
and to cooperate on the responsible management of migration flows towards all Member
States and on stepping up efforts in the fight against migrant smuggler networks.
32.
Recalling the European Council conclusions of 1-2 October 2020, the EU remains committed
to defending its interests and those of its Member States as well as to upholding regional
stability. In this respect, the European Council:
–
invites the Council to adopt additional listings based on its Decision of 11 November
2019 concerning restrictive measures in view of Turkey’s unauthorised drilling
activities in the Eastern Mediterranean;
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invites the High Representative and the Commission, to submit a report on the state of
play concerning the EU-Turkey political, economic and trade relations and on
instruments and options on how to proceed, including on the extension of the scope of
the above-mentioned decision for consideration at the latest at the March 2021
European Council.
33.
The European Council condemns Turkey’s unilateral steps in Varosha and calls for full
respect of UN Security Council Resolutions 550 and 789. The European Council supports the
speedy resumption of negotiations, under the auspices of the UN, and remains fully
committed to a comprehensive settlement of the Cyprus problem, within the UN framework
and in accordance with the relevant UN Security Council Resolutions and in line with the
principles on which the EU is founded. It expects the same of Turkey. The European Council
agrees that, upon resumption of the negotiations under the UN Secretary General’s auspices,
the EU will appoint a representative to the UN Good Offices Mission.
34.
The European Council asks the High Representative to take forward the proposal of a
multilateral conference on the Eastern Mediterranean.
35.
The EU will seek to coordinate on matters relating to Turkey and the situation in the Eastern
Mediterranean with the United States.
Southern Neighbourhood
36.
A democratic, more stable, greener and more prosperous Southern Neighbourhood is a
strategic priority for the EU. Twenty-five years after the launching of the Barcelona Process,
we are determined to relaunch, reinforce and further develop this strategic partnership built on
a shared geography and history.
37.
We want to jointly fight the COVID-19 pandemic, strengthen the resilience of our economies
and societies, preserve our collective security, address the challenge of mobility and migration
and offer prospects to young people on both shores of the Mediterranean.
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38.
Work will be guided by the Strategic Agenda 2019-2024 and the key principles of our
Neighbourhood policy, and supported by effective use of all our instruments. We will develop
a new Agenda for the Mediterranean based on shared priorities and a focus on specific
Mediterranean responses and close cooperation in areas such as environment, connectivity,
education and culture, and natural resources. In this respect, it is essential to strengthen the
role of civil society.
39.
The European Council looks forward to the upcoming Joint Communication of the
Commission and the High Representative on a renewed partnership with the Southern
Neighbourhood. The latter should be based on an upgraded and intensified political dialogue
across the Mediterranean and lead to reinforced cooperation in order to tackle common
challenges and take advantage of shared opportunities.
40.
Specifically as regards Libya, the European Council calls on all actors to act in accordance
with the principles of the Berlin process. The EU recalls the offer to support the Libyan Coast
Guard through training and monitoring as well as the provision of equipment and vessels, in
accordance with international law, including international humanitarian law. The EU calls for
the immediate release of the Italian fishermen taken under custody since the beginning of
September without any legal procedure.
Ostrovets
41.
The European Council underlines the importance of ensuring nuclear safety of the Belarusian
nuclear power plant Ostrovets and invites the Commission to investigate possible measures
preventing commercial electricity imports from third countries’ nuclear facilities that do not
fulfil EU recognised safety levels.
EU global human rights sanctions regime
42.
The European Council welcomes the adoption by the Council of an EU global human rights
sanctions regime.
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