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Learn about the legal basis, association agreements, and process steps for a country to become a member of the European Union. Understand the criteria, negotiations, and screening involved.
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Legal basisTreaty on European Union, Article 2 „The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.”
Legal basisTreaty on European Union, Article 49 „Any European State which respects theprinciples set out in Article 6(1) may apply to become a member of the Union. It shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the assent of the European Parliament, which shall act by an absolute majority of its component members.” (1) Principles are set out in the Charter of Fundamental Rights of the EU, they are divided into 6 groups: dignity, freedoms, equality, solidarity, citizens’ rights and justice.
Steps towards joining EUEuropean Union Association Agreement • treaty between the EU and a non-EU country that creates a framework for cooperation between them; • areas covered by such agreements include the development of political, trade, social, cultural and security links; • in certain cases, they prepare for future membership of the European Union (eg. Poland, Hungary-1994; Romania, Bulgaria, Czech Republic-1995; Estonia, Lithuania, Latvia -1998; Slovenia-1999 – none of them is in force).
Steps towards joining EUProcess – application for membership 1) The applicant country (potential candidate) submits its application to the country holding the rotating presidency of the Council of the European Union.
Steps towards joining EUProcess – initial evaluation of the applicant country 2) The European Commission makes an initial evaluation of the applicant country and submits its findings to the Council of the European Union.
Steps towards joining EUProcess – granting a status of the candidate country 3) If the European Commission has a favourableopinion of the applicant country’s status, theCouncil of the European Union may decide toconsider the applicant a candidate country.
Steps towards joining EUProcess – opening of negotiations 4) The decision to open negotiations is made through a unanimous vote of the Council. A positive opinion from the Commission on the candidate’s compliance with the Copenhagen criteria is essential in practice although not formally required.
Steps towards joining EUProcess – Copenhagen criteria Countries wishing to join need to have: • stable institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; • a functioning market economy and the capacity to cope with competition and market forces in the EU; • the ability to take on and implement effectively the obligations of membership, including adherence to the aims of political, economic and monetary union.
Steps towards joining EUProcess – screening and negotiations 5) The European Commission investigates the candidate country in detail in aprocess known as screening. The resultingscreening report identifies the gaps in thebody of common rights and obligations binding for all EU Member States (acquis) that the candidatecountry will have to fill.The conclusion of this report is a recommendation of the Commission to either open negotiations directly or to require that certain conditions – opening benchmarks - should first be met.
Steps towards joining EUProcess – negotiations and screening Before negotiations can start, the candidate country must submit its negotiating position and the EU must adopt a common position. The pace of the negotiations depends on the speed of reform and alignment with EU laws in each country. The duration of negotiations can vary – starting at the same time as another country is no guarantee of finishing at the same time.
Steps towards joining EUProcess – negotiations and screening The Council, acting by unanimity, invites the candidate country to open negotiations on the 35 negotiation chapters (policy fields) covering the entirety of the EU acquis.Negotiations, conducted by the Council Presidency, take place in an Accession Conference. The Commission plays an important role as facilitator with respect to helping solve any problems the candidate country may face during the negotiations. The EP Foreign Affairs Committee holds regular exchanges of views with EUnegotiators and those of candidate countries.
Steps towards joining EUProcess – negotiations and screening The candidate country does not „negotiate” on the acquis communautaire itself as these rules must be fully adopted by the candidate country. The negotiation aspect is on the conditions for harmonisation and implementation of the acquis, that is, how the rules are going to be applied and when.
Steps towards joining EUProcess – accession treaty 6) After the candidate country has reformed itsnational laws so that they match the acquis,every criterion has been fulfilled, and everychapter has been closed, the agreementsreached are set out in an accession treaty, which must be signed by the candidatecountry and all EU Member States. Theaccession treaty must also win the supportof the Council of the European Union, the European Commission, and the EuropeanParliament. The candidate country then becomes an acceding country.
Steps towards joining EUProcess – ratification 7) After the accession treaty has been signed,it must be ratified by the acceding countryand each individual EU Member Stateaccording to their constitutional rules (i.e. parliamentary vote, referendum).
Steps towards joining EUProcess – acceding country becomes EU member state 8) The acceding country then becomes an EU Member State on the date specified in the accession treaty.
Special process for Western BalkansStabilization and association process • special framework which has 3 aims: - stabilising the countries politically and encouraging their swift transition to a market economy, - promoting regional cooperation, - eventual membership of the EU; • the process helps the countries build their capacity to adopt and implement EU law, as well as European and international standards. It is based on an ever-closer partnership (trade concessions, economic and financial assistance, assistance for reconstruction, development and stabilisation).
From 6 to 28 membersEnlargement history 1952 1973 1986 1981 1990 2004 2007 2013 1995
From 6 to 28 membersEuropean Coal and Steel Community (ECSC) • 9th May1950 - the Schuman Declaration, • (proposition of creation of theECSC, whose members would pool coal and steel production); • aim: economic development and political stability; • 18th April 1951 - Treaty establishing the European Coal and Steel Community (the Treaty expired on 23 July 2002); • founding states: France, Germany, Italy, • Belgium, Luxembourg and the Netherlands.
From 6 to 28 membersEuropean Economic Community (EEC)European Atomic Energy Community (EURATOM) • 25th March 1957 – the „Treaties of Rome”, creating the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM); • signed by France, Germany, Italy, • Belgium, Luxembourg and the Netherlands; • EEC Treaty: establishment of a common market, customs union, development of common policies; • EURATOM Treaty: contribution to the formation and development of Europe's nuclear industries, development of atomic energy, ensuring security of supply.
From 6 to 28 membersFirst enlargement – Denmark, Ireland and UK • 22nd January 1972 - signature by Denmark, Ireland, Norway and the United Kingdom, of the Treaties of accession to the European Communities; • the accession of Norway was rejected by the Norwegian electorate (53,5 % against) in referendum; • 1st January 1973 - Denmark, Ireland and the United Kingdom join the European Communities.
From 6 to 28 membersSecond enlargement – Greece, Spain and Portugal • so called „Mediterranean enlargement”; • stability on the southern periphery ofwestern Europe was a particular concern of France and West Germany; • aim: consolidatation of democracy and guard against a resurgence of authoritarianism, political and economical stability.
From 6 to 28 membersSecond enlargement – Greece, Spain and Portugal • 1974 - overthrow of the Greek military regime and restoration of democracy which enabled Greece’s application for membership; • 28th May 1979 - Treaty of accession to the European Communities; • 1st January 1981 - Greece join the European Communities on very favourable conditions.
From 6 to 28 membersSecond enlargement – Greece, Spain and Portugal • 1974 - „Third Republic” in Portugal, implementation of broad democratic reforms; • 1975 - death of Francisco Franco in Spain and the beginning of Spanish transition to democracy; • 12th June 1985 - Signature of the Accession Treaties of Spain and Portugal; • 1st January 1986 - Spain and Portugal join the European Communities.
From 6 to 28 membersThird enlargement – Austria, Finland and Sweden • 24-25th June 1994 -the Acts of Accession of Austria, Sweden, Finland and Norway are signed; • 28th November 1994 - the Norwegian referendum rejects accession to the European Union (other countries in favour of EU accession); • 1st January 1995 - Austria, Finland and Sweden become members of the European Union.
From 6 to 28 membersFourth enlargement – Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia, Slovenia, Romania and Bulgaria • the largest single expansion of the European Union, in terms of territory, number of states and population; • 16th April 2003 - the Treaty of Accession between the EU and the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, and Slovakia is signed in Athens, Greece; • 1st May 2004 - the Accession Treaty enters into force and the European Union's biggest enlargement ever becomes a reality with 10 new countries.
From 6 to 28 membersFourth enlargement – Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia, Slovenia, Romania and Bulgaria • 1989 – overthrow of the dictatorial regime in Romania and the beginning of political and economic transition; • 1989 - the Communist Party gave up its political monopoly in Bulgaria and Bulgaria embarked on a transition to a parliamentary democracy; • 13th April 2005 - the Treaty of Accession between the EU and Romania, and Bulgaria; • 1st January 2007 – Romania and Bulgaria become members of the European Union.
From 6 to 28 membersFifth enlargement – Croatia • 2003 – Croatia’s application for EU membership; • problems: long-standing border issues with Slovenia (Piran Bayboundary, between 12.2008 and 10.2009Slovenia blocked Croatia's EU accession); • 9th December 2011 – the Treaty of the Accession between the EU and Croatia; • 1 st July 2013 – Croatia joins the EU.
Acceding countries • Canditatecountries: • 1) Iceland – negotiationsstarted • 2) Montenegro – negotiationsstarted • 3) Turkey – negotiationsstarted • 4) TheformerYugoslav Republic of Macedonia • 5) Serbia • Potentialcandidates: • Albania • Bosnia and Herzegovina • Kosovo
Acceding countriesIceland - data • population – 323 810, • area– 103 001 km2 , • GDP in 2012 - 13 billion USD, • well intergrated with EU, prior to 2009 was a member of many EU and international organisations i.e. European Economic Area (EEA), Schengen Area, European Free Trade Association (EFTA) and North Atlantic Treaty Organization (NATO).
Acceding countriesIceland and EU - history 1970 – Iceland joins European Free Trade Association (EFTA); 1973 – Freetrade agreement with the European Community; 1994 – Icelandjoins European Economic Area (EEA); 2009 – Iceland applies to join EU and European Council requests Commission opinion on application;
Acceding countriesIceland and EU - history 2009 – Icelandic ambassador to EU appointed Chief Negotiator for accession talks; 2010 – Council decides to open negotiations with Iceland; 2010-2012 – screening process and negotiations on chapters; 2013 – Parliamentary elections in Iceland and suspension of negotiations.
Acceding countriesEnlargement package Each year the Commission adopts its "Enlargement package" - a set of documents explaining its policy on EU enlargement. Most importantly, this package includes the annual Enlargement Strategy Paper(last document: Enlargement Strategy and Main Challenges 2013-2014)which sets out the way forward for the coming year and takes stock of the progress made over the last twelve months by each candidate country and potential candidate.
Acceding countriesProgress Reports In addition to this strategy paper, the package contains the so-called Progress Reports in which the Commission services present their assessment of what each candidate and potential candidate has achieved over the last year.
Acceding countriesIceland’s Progress Report • suspension of the accession negotiationsunless approved through a referendum; • by May 2013 27 negotiation chapters have been opened, of which 11 have been provisionally closed; • Iceland has already reached a high level of alignment in a significant number of policy areascovered by the acquis.
Acceding countriesIceland’s Progress Report • as a well-established and functioning democracy, Iceland continues to fully meet the political criteria for EU membership; • Iceland is an important economic partner for the EUthrough its membership of the European Economic Area (capital movement restrictions are a substantial impediment to investment and growth, liftingthese controls while preserving exchange rate stability remains a key challenge).
Acceding countriesMontenegro - data • population – 625 266, • area– 13 812 km2 , • GDP in 2012 – 4,3 billion USD, • Montenegro is a candidate country for membership of the EU, its European perspective was reaffirmed by the Council in June 2006 after the recognition of the country's independence by EU Member States.
Acceding countriesEU and Montenegro - history 2006 – MontenegrinParliament declares independence following 21 May referendum, in which 55,5% of participants voted in favour of independence; 2007 –EUCouncil decision on the adoption of a new European Partnership with Montenegro; 2007 – Montenegro signed Stabilisation and Association Agreement (SAA) and Agreements on trade and trade-related issues;
Acceding countriesEU and Montenegro - history 2008 – Agreements on trade and trade-related issues, visa facilitation and readmission enter into force; 2008 – Montenegroapplies for EU membership; 2010 – Stabilisation and Association Agreement (SAA) enters into force; 2012 – Accessionnegotiations with Montenegro started on 29th June 2012.
Acceding countriesMontenegro’s Progress Report • Montenegro continues to sufficiently meet the political criteria for EU membership; • macroeconomic stability has been broadly maintained; • Montenegro continued the alignment process over the reporting period (the screening meetings have been completed, two negotiating chapters have been opened and provisionally closed).
Acceding countriesTurkey - data • population - 74 million • area – 783 562 km2 • GDP in 2012 - 789.3 billion USD • serious foreign policy player - 106 embassies, • 70 consulates • military strength – the largest non-EU contributor to • Common Security and Defence Policy missions of • the European Union
Acceding countriesEU and Turkey - history 1959 – application for associate membership in the European Economic Community (EEC); 1963 – Ankara Association Agreement (initiated a three-step process toward creating a customs union which would begin the integration of economic and trade policy); 1987 – Turkey applies for full EEC membership; 1995 – Turkey-EU Association Council finalises agreement creating a customs union;
Acceding countriesEU and Turkey - history 1997 – LuxembourgCouncil summit declares Turkey eligible to become EU member; 2001 – Council adopts Accession Partnership for Turkey; 2003 – Counciladopts revised Accession Partnership for Turkey; 2004 – Councildefines conditions for opening accession negotiations;
Acceding countriesEU and Turkey - history 2005 – Counciladopts negotiating framework, and negotiations are formally opened; 2005 -2010 – screening process and negotiations on chapters (2006 – Turkeyrefused to apply to Cyprus the Additional Protocol to the Ankara Agreement, Council decides that eight chapters will not be opened); 2012 – Positive Agenda intended to bring fresh dynamics into the EU-Turkey relations was launched.
Acceding countriesPre-accession financial assistance, case of Turkey • initial objective of EU financial support towards Turkey was the extension of an area of peace, stability and prosperity within and beyond Europe; • 2001-2006 Turkey was financed by the Turkish Financial Instrument programmed on an annual basis under National Programmes for each year; • since 2007 Instrument for Pre-Accession Assistance (IPA)which provides pre-accession assistance for both candidate and potential candidate countries.
Acceding countriesPre-accession financial assistance, case of Turkey • funding allocation for 2013: € 902.9 million • Turkey has access to: • - IPA Component I (Transition Assistance and Institution Building) • - IPA Component II (Cross-Border Cooperation) • - IPA Component III (Regional Development) • - IPA Component IV ( Human Resources Development) • IPA Component V (Rural Development);
Acceding countriesPre-accession financial assistance, case of Turkey • Turkey implements IPA funds itself, under the Decentralised Implementation System; • Turkish authorities are in charge of procurement, contracting and payments for IPA projects with prior appraisal by the Commission. All funding proposals must be submitted in the first instance to the Turkish authorities.