Intergovernmental Conference

Briefing No. 36
(First update: 26th February 1997)


THE 1996 INTERGOVERNMENTAL CONFERENCE
AND THE ENLARGEMENT OF THE EU




Table of Contents

I. Introduction/Conference agenda
II. Positions of the Institutions
III. Positions of the Member States
IV. Positions of the States of Central and Eastern Europe
V. Positions of the Reflection Group
VI. Conclusions


I. Introduction/Conference agenda

At the Copenhagen summit (21/22 June 1993), the European Council offered full membership of the EU to the associated Central and Eastern European states on condition of their full acceptance of the "acquis communautaire" and the EU´s ability to cope with new Member States. According to the European Council, membership requires in particular that the prospective Member State has stable institutions which guarantee democracy, the rule of law, human rights and respect for and protection of minorities, the existence of a functioning market economy and the capacity to cope with competitive pressure and market forces within the Union. Moreover, membership presupposes the candidate´s ability to take on the obligations of membership including adherence to the aims of political integration, economic and monetary union.

This position has been reconfirmed at the summits in Essen, Cannes, and Madrid, Florence and Dublin in December 1994, June 1995, December 1995, June 1996 and December 1996 respectively. Moreover, at the Essen summit an accession strategy for Central and Eastern European states was produced and in Cannes a White Paper concerning their integration into the internal market of the EU was approved by the Council of Ministers.

In the meantime Hungary, Poland, Romania, Slovakia, Lithuania, Estonia, Latvia, Bulgaria, the Czech Republic, and Slovenia have applied for full membership.

Following the political decision of the European Council of Madrid of December 1995 it is expected that the Council of Ministers will decide to commence accession negotiations six months after the end of the IGC, after having consulted the Commission and the European Parliament as required by Article O of the Treaty on EU.

Eastern enlargement has not been scheduled for discussion during the 1996 IGC. However, the Essen European Council has pointed out that it will be one of the main tasks of the 1996 IGC to prepare the Union for further enlargement.

The institutional questions involved will be central to the final phase of negotiations, particularly with regard to the size of Commission, the role of the European Parliament, the collective involvement of the national Parliaments, voting procedures within the Council and the way in which the Court of Justice operates.

The Union needs to improve its ability to take decisions and to act. This is already the case and it will become more so as the Union continues to grow. The Dublin Summit heavily underlined the fact that the future of the Union and the enlargement to which it is committed.

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II. Positions of the EU Institutions

2.1 Position of the European Council and the Council of the Union

Sources: Presidency Conclusions of the European Council in Madrid of December 1995; Draft Mandate for the 1996 IGC of 16 January 1996 (Council of the Union); Presidency Conclusions of the European Council in Turin of 29 March 1996. Presidency conclusions of the European Council of Florence of 21 and 22 June 1996; Presidency conclusions of the European Council in Dublin of 13 and 14 December 1996.

Recalling it Madrid conclusions, the Florence European Council reaffirmed that the Commission's opinions and reports on enlargement should be available as soon as possible after the conclusion of the IGC.

Following the joint Franco-German common position of December 1995, the concept of 'enhanced cooperation' has appeared on the IGC agenda.

The Heads of State or Government ask the Conference to examine whether and how to introduce rules either of a general nature or in specific areas in order to enable a certain number of Member States to develop an enhanced cooperation. This would be open to all, compatible with Union´s objectives, while preserving the "acquis communautaire", avoiding discrimination and distortions of competition and respecting the single institutional framework.

2.2 Position of the Commission

Sources: Report of 10 May 1995 on the operation of the Treaty on EU; Commission position of 6 December 1995 on the Reflection Group report; Commission opinion of 28 February 1996 "Reinforcing Political Union and preparing for enlargement"

The Commission believes that it is difficult to forecast the length of the accession negotiations to be conducted by the EU Presidency with each Member country, even if they begin in 1998.

In April 1996, the Commission sent a questionnaire on all the Union's areas of activity to the countries of Central and Eastern Europe. On the basis of the replies, the Commission is examining and assessing this data, in order to draw up a series of opinions. These opinions will be presented on a country by country basis 'as soon as possible after the conclusion of the IGC'.

- With regard to enlargement the Commission considers that the Conference will have to address three issues:

a) the institutional implications of the increased number of Member States;

b) the need to eschew unanimous voting;

c) the incorporation of a system of flexibility, enabling the Union to move ahead without being held back by its slowest members.

-In order to adapt the institutions the Commission proposes several institutional changes:

a) The Commission

The Commission takes the view that, in the context of enlargement, the number of its Members should be reduced to one per Member State.

The Commission is aware that its composition and structure will have to be re- examined, when the number of Member States is further increased. The Conference should fix an appropriate procedure for doing this.

b) The Council

The Conference should examine various ways of extending the scope of the Presidency´s powers of action, and the order of rotation of the half-yearly periods.

The Commission considers that, in order to maintain the existing balance, there is justification, when enlargement comes, for either adapting the weighting of votes or introducing a new system which makes a reference to both a majority of the Member States and a majority of the Union´s population.

c) The European Parliament

Parliament itself proposed limiting its membership to 700. The Commission agrees.

2.3 Position of the Parliament

Sources: Bourlanges and Martin report on the functioning of the Treaty on EU with a view to the 1996 IGC (adopted on 17 May 1995); Resolution of 14 December 1995 on the agenda for the 1996 IGC with a view to the Madrid European Council; Resolution of 13 March 1996 on the basis of the Dury/Maij-Weggen report on (i) Parliament´s opinion on the convening of the IGC, and (ii) evaluation of the work of the Reflection Group and definition of the political priorities of the European Parliament with a view to the IGC; resolution of 16 January 1987 on the general framework for a draft revision of the Treaties.

-With a view to enlargement the most important elements of the positions adopted by Parliament are:

a) The Commission

Parliament stresses that at present, there should continue to be at least one Commissioner per Member State; however, the Commission´s structure and composition must be adapted to its new tasks and to the needs of enlargement so that its collegiate responsibility and effectiveness are to be maintained.

This could be done by:

Parliament 'warns against a certain tendency to strengthen the powers of the Council at the expense of the other institutions' and stresses the need to maintain the Commission's monopoly of the right of initiative in legislative matters and its executive powers.

b) The Council

The present system of six-month Presidencies of the Council and the European Council should be maintained, but there should be greater flexibility in their operation.

Further extension of qualified majority voting is required if the EU is to function effectively. For certain areas of particular sensitivity, unanimity will remain necessary, i.e. Treaty amendment, "constitutional decisions" (enlargement, own resources, uniform electoral system) and Article 235.

The system of voting within the Council may need to be adjusted. However, this should not be done on the basis of a "double majority" of States and population.

c) The European Parliament

The number of Members of the European Parliament should be 700.

With regard to institutional questions, Parliament believes that the consultation mechanisms are currently too complex; it proposes that in the future that there be only three legislative procedures: co-decision, consultation and assent.

With regard to extending the scope of the co-decision procedure, the general trend is favourable. Parliament regrets that the Irish Presidency did not uphold the Commission and Parliament proposal to extend co-decision to 'all standard secondary legislation', nor refer to extending the assent procedure to all constitutional issues such as reform of the Treaties, Article 235 and own- resources; the application of co-decision to budgetary matters; an enhanced European Parliament role in the appointment of the President and Members of the Commission and of the Members of the Court of Justice and the Court of Auditors.

Parliament wishes to see the efficiency of the conciliation procedure improved.

d) The European Court of Justice

More flexible internal operating arrangements should be introduced to permit the Court of Justice and the Court of the First Instance to face up to the increase in their workload and the prospect of enlargement.

The European Parliament believes that the terms for referrals to the Court of Justice should be widened so as to enable the European Parliament to bring actions before the Court on the same terms as the other European institutions. Parliament believes that the judges of the Court of Justice should have a single non-renewable term.

-Furthermore, in his first official speech as President of the European Parliament, Mr José Maria Gil-Robles said that there are three challenges which must be tackled in order to create a Union characterised by greater freedom, greater equality and greater solidarity:

. the reform of the European institutions;

He said that enlargement must take place within the framework of a Union which should be 'a model of geographical, social and political cohesion', adding that the EU is neither a marketplace, nor a trading area, but a community seeking the common interest, driven by its determination to achieve integration.

-Furthermore, the European Parliament believes that in view of the EU's growing diversity, greater 'flexibility' could be called for in the future. However, the President of Parliament, addressing the first Ministerial meeting of the IGC on 20 January 1997, stated that he preferred the term 'enhanced cooperation' to 'flexibility', since it was not a question of creating a new intergovernmental system, but of deepening integration in certain new areas.

Mr Gil-Robles believed that if 'flexibility' were to be included in the new Treaty, this should only be done with the explicit approval of the European Parliament, and in the context of a range of criteria which would make it the exception to the rule.

The notion of flexibility should not be confused with an 'à la carte Europe', since its goal should at all times be to facilitate the implementation of 'enhanced integration'.

The European Parliament suggests to the members of the IGC that the application of 'flexibility' should be subject to the following criteria:

integration' at any time.

- Finally, Parliament reserves the right to put forward any proposals which may prove necessary in order to take better account of the implications of the enlargement including the financial prospects of enlargement and not to undermine the principles of competition, cooperation and solidarity which have always been fundamental to European integration.

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III. Positions of the Member States

3.1 Austria

Sources: Guidelines (of the Austrian government) on the subjects likely to be dealt with at the 1996 IGC; 1996 IGC - basic position of Austria (28 March 1996); Austria's basic position on the IGC (22 May 1996).

-In view of its geographical and historical situation, Austria is interested in specific prospects for enlargement. In this context institutional reform is necessary to consolidate and strengthen the Community´s capacity to act and the efficiency of action in the field of economic, social and environmental policy.

Austria favours the strengthening of the European Parliament; improving the transparency of EU procedures and total respect for the principle of subsidiarity.

- with regard to models for differentiated integration, the 'guidelines' single out four principles to be observed:

. differentiated integration should remain the exception not the rule: phased integration should be the model to follow;

3.2 Belgium

Sources: Government policy paper to the Belgian Parliament on the 1996 IGC (28.7.1995); "Memorandum" of the Benelux countries for the 1996 IGC (March 1996)

According to the Policy paper of the Belgian Government:

. differentiation is not an end in itself but a last resort to protect the progress of integration from any veto;

-According to this memorandum, the following additional principles have to be observed:

- on preparations for enlargement, the Belgian Government considers that the applicant countries should make similar efforts to comply with the conditions for accession laid down by the Copenhagen European Council in June 1993 with regard to arrangements for democracy and the market economy. The EU should also be preparing for enlargement, and here the paper proposes transitional mechanisms for a limited period and subject to certain criteria.

3.3 Denmark

Sources: Agenda for Europe: the 1996 IGC. Report of the Danish Foreign Ministry, June 1995; Basis for negotiations - Open Europe: the 1996 IGC (11 December 1995)

3.4 Finland

Sources: Memorandum of the Foreign Ministry of 18 September 1995 on the views of the Finnish Government concerning the 1996 IGC; Initial considerations and objectives of the Finnish Government for the 1996 IGC of 27 February 1996

The Finnish Government is of the view that:

Finland is entirely willing to examine the possibility of extending qualified majority voting within the Council, and believes that there needs to be more Parliament/Council co- decision. With regard to the weighting of votes within the Council, Finland is in favour of retaining the current balance. With regard to the composition of the Commission, there should be one Commissioner per Member State.

3.5 France

Sources: Proposals put forward by President Chirac during his presidential campaign; Letter from the President of the French Republic, Jacques Chirac, and the Chancellor of the Federal Republic of Germany, Helmut Kohl (6 December 1995); "Orientations of France for the IGC" - published in the "Figaro" on 20 February 1996; "Common Foreign and Security Policy" - Guidelines adopted by the Foreign Ministers of France and Germany on 27 February 1996; Governmental Declaration on the IGC of 13 March 1996 by Michel Barnier, Minister for European Affairs; Franco-German position of 17 October 1996 on flexibility.

a) to reform the institutions of the EU with a view to enlargement;

b) to bring the Union closer to its citizens;

c) to create a true common foreign and security policy.

- According to the Governmental Declaration, the institutions of the EU should become more democratic, more transparent and more close to the national parliaments and the citizen.

On institutional issues, France does not agree with extending the co-decision procedure to cases where cooperation currently applies, nor to all legislative acts. It opposes the strengthening the role of the European Parliament in appointing the Union's institutions, and also in its choice of its own seat. France believes that majority voting could be extended within the Council, but asks that the weighting of votes be reviewed at the same time.

-Furthermore, the French Government believes that in order to prepare the EU for enlargement, reinforced cooperation between some of the Member States should be permitted.

France has proposed that provision be made within the Treaty for a general clause allowing those States willing and able to do so to pursue enhanced cooperation, within the Union's single institutional framework. France believes that such a clause would enable the process of European integration to be deepened. France furthermore believes that it is possible simultaneously to postulate common principles for enhanced cooperation in the three Maastricht pillars (economic integration, common foreign and security policy) and to provide a certain range of different arrangements to take account of the specific characteristics of each area.

3.6 Germany

Sources: Coalition agreement of the government parties - CDU, CSU, FDP - of 11 November 1994 for the current legislative period; Joint declaration of 15 July 1995 by the German and Italian Foreign Ministers regarding the 1996 IGC; Letter from the President of the French Republic, Jacques Chirac, and the Chancellor of the Federal Republic of Germany, Helmut Kohl (6 December 1995); "Common Foreign and Security Policy" - Guidelines adopted by the Foreign Ministers of France and Germany on 27 February 1996; "German objectives for the IGC" (26 March 1996); Letter of the German and French Foreign Ministers, 17 October 1996, on flexibility.

Moreover, particular mention should be made of the proposals presented by the CDU/CSU group in the Bundestag as the political and parliamentary base of the present government led by Helmut Kohl. (Manifesto of the CDU/CSU group in the Bundestag of 1 September 1994; Discussion paper on strengthening the European Union´s ability to act in the field of CFSP of 13 June 1995).

Germany, like France, believes that this general clause should respect certain fundamental principles:

- Germany believes several countries of Central and Eastern might join the EU around the year 2000.

- The Manifesto of the CDU/CSU group in the Bundestag advocates a multi-speed Europe and states that a key aim would be to move Germany away from the dangers of nationalism and transform it into a focus of stability at the heart of Europe. The process of integration should be led by a "hard core" of five states (Germany, France, The Netherlands, Belgium and Luxembourg), with cooperation focusing on the new policies set down in the Treaty on EU. This "hard core" would be open to other Member States such as Spain, Italy, and Great Britain once they had resolved "current problems" and if they wished to take part in the project.

3.7 Greece

Sources: "Towards a citizens' Europe - democracy and development": memorandum for the 1996 IGC (January 1995); Conclusions of the inter-ministerial committee of the Greek Government (Athens, June 1995); Memorandum of the Greek Government of 24 January 1996 for the IGC: positions and reflections of Greece; "For a democratic European Union with Political and Social Content" - Greece´s Contribution to the 1996 IGC (Athens, 22 March 1996); contribution of the Greek delegation to the meeting of Ministers' representatives, 30 May 1996.

- One of the main objectives of the Greek Government is to ensure that the institutional, political and economic conditions necessary for the EU´s successful enlargement to Cyprus, Malta and the countries of Central and Eastern Europe have been met. In the view of the Greek Government there is an imminent need to reform and further develop the institutional system of the EU in order to make it more democratic, efficient and transparent, while also capable of facing the challenges of the future enlargement. The development and adjustment of the institutional system must be based on certain basic principles, including:

. institutional unity and equality of all member states/reinforcement of the single institutional framework.

For Greece, the IGC's response to the demand for increased legitimacy for the way in which the Union operates constitutes a fundamental key to the success of the entire undertaking.

Greece believes that the Union needs to be brought closer to its citizens. At institutional level, it believes that this can only be achieved by assigning roles and powers more clearly, simplifying procedures and using more transparent and efficient working methods.

In this context, Greece supports consolidating and strengthening the role of the European Parliament.

- Greece opposes any notion of a two- or three-speed Europe, such as the notion of "differentiated" or "flexible" integration, a "multi-speed" Europe, or a "hard core" Europe. It will not accept any proposals contrary to the principle of the equal rights and duties of all the peoples of Europe, and especially not in the economic field. Total opposition is expressed to any idea of allowing new Member States to join and then relegating them to second-class status.

Greece believes that the method of "temporary transitional provisions" which is provided for in the Treaty and has been successfully tested is the answer to the problems posed by the need for a deepening of the unification and enlargement process. This is the method which ensures the unity of goals as well as institutional unity and contributes to the cohesion of the EU without hindering the acceleration of unification;

3.8 Ireland

Source: "Challenges and opportunities abroad" - White Paper on foreign policy (March 1996)

3.9 Italy

Sources: Italian Government statement of 23 February 1995 on foreign policy guidelines; Italian Government statement of 23 May 1995 on the IGC to review the Maastricht Treaty; Joint declaration of 15 July 1995 by the German and Italian Foreign Ministers regarding the 1996 IGC; Position of the Italian Government on the IGC for the revision of the Treaties (18 March 1996); Italian delegation draft on flexibility (14 January 1997).

The approach proposed by Italy rests on the fundamental principle that possible differentiated integration should not prejudice the Union's common policies and their future development, nor lead to any kind of marginalization of those members of the Union which are not involved from the start. Differentiated agreement should be the exception, not the rule.

3.10 Luxembourg

Sources: Luxembourg Government memorandum of 30 June 1995 on the 1996 IGC; "Memorandum" of the Benelux countries for the 1996 IGC (March 1996)

3.11 The Netherlands

Sources: Note on the enlargement of the EU: the opportunities and obstacles (published November 1994 and debated in Parliament February 1995); "Memorandum" of the Benelux countries for the 1996 IGC (March 1996)

- Eastern enlargement should happen as soon as possible, whilst safeguarding the Union's cohesion and stability, and after the appropriate and institutional adjustments have been made. As regards its attitude towards future accession negotiations, the Dutch Government announces that it will be guided not only by the objective of safeguarding cultural values but also by the democratic principles and fundamental rights set out in the Treaty on EU, subject to the following four aims:

a) the achievement in Central and Eastern Europe of a stable security policy, socio-economic development and democratic stability;

b) the maintenance of Germany's active participation in the process of European integration, as well as in the joint European and Atlantic security structures;

c) the maintenance of the internal market and a common legal system, and hence a European Union capable of acting decisively;

d) the achievement of the above objectives at a reasonable cost.

- (Concerning the common position of the three Benelux countries see also 3.2)

3.12 Portugal

Source: "Portugal and the IGC for the revision of the Treaty on EU". Document published by the Ministry of Foreign Affairs in March 1996; the Portuguese Government proposal on flexibility (25 November 1996).

3.13 Spain

Sources: Spain and the 1996 IGC - document on the 1996 IGC: starting points for a discussion (presented in March 1995); Reflection paper of 4 July 1995 on the WEU - Contributions to the 1996 IGC; "Elements of a Spanish position to the 1996 IGC" (28 March 1996); Spanish Government proposal on simplifying and improving the codecision procedure (25 September 1996).

· case-by-case authorisation;

-Spain rejects any system of differentiated integration which might lead to a "Europe à la carte".

3.14 Sweden

Sources: Note of July 1995 on the fundamental interests of Sweden with a view to the 1996 IGC; Report of the Swedish Government of 30 November 1995; Declaration by Mr Lund, Swedish member of the Group of Personal Representatives of the EU Foreign Ministers to the IGC (January 1997).

With regard to institutional questions, Sweden's position is as follows:

-The various concepts of differentiated integration should not be discarded automatically, since they allow a degree of flexibility which could be necessary to strengthen cooperation. "Europe à la carte" does not interest Sweden as it could damage the opportunities for bringing about the advantages of the single market.

3.15 United Kingdom

Sources: White Paper of the British Government of 12 March 1996: "A Partnership of Nations"- the British approach to the European Union Intergovernmental Conference 1996; Statement by the Secretary of State for Foreign and Commonwealth Affairs, Malcolm Rifkind, on the White Paper of 12 March 1996

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IV. Positions of the States of Central and Eastern Europe

4.1 Bulgaria

Source: "Position Paper" of the delegation of the Republic of Bulgaria for the second meeting of the Association Council Bulgaria - EU (24 January 1996); Third meeting of the President of the European Parliament and the Presidents of the Parliaments of the associated countries of Central and Eastern Europe in Brussels, 9 and 10 July 1996.

4.2 Czech Republic

Source: "Memorandum" of the government of the Czech Republic presented with the application for membership of the Union on 23 January 1996

-The Czech Republic sees its future in membership of the EU such as it is and such as it will be shaped by the collective wisdom of its Member States in the months and years to come.

The Government of the Czech Republic has identified a series of priorities for implementing the White Paper on the Single Market. The Czech officials concerned undertake to harmonize the essential sectoral legislation between now and the end of 1997.

The government makes no comment on institutional reform, but would like to have a Commissioner in Brussels.

It accepts the 'acquis communautaire' in all areas, and is waiting for the IGC to complete its work so that accession negotiations can begin as soon as possible.

4.3 Estonia

Source: "Aide Mémoire" of the Ministry of Foreign Affairs of Estonia (22 November 1995)

a) Institutional changes

-With respect to CFSP procedures, Estonia believes that the topics of the second pillar should remain in the competence of the sovereign Member States and the rule of taking decisions on issues of vital national interest by consensus should be maintained.

-Estonia has drawn up a Blue Paper on the action plan set up by the Estonian Government with a view to EU and accession.

4.4 Hungary

Source: No official document published

The goal of Hungarian accession to the EU has been shared by all Hungarian governments since 1989, when the Communist regime came to an end. The Hungarian Parliament has been a major driving force in this connection. The Hungarian authorities are not against a possible extension of the powers of the European Parliament. Hungary believes that it is essential that the IGC establish structures and decision-making mechanisms which will facilitate the integration of the candidate countries; it will then be able to cope with enlargement.

Following the publication of the Commission's White Paper on the Single Market, the Hungarian Government has drawn up a strategy for systematically harmonizing its legislation with Community law. Hungary views its own integration and that of the other Central and Eastern European countries into the EU as a guarantee of and major factor in achieving regional stability. With regard to the third pillar, Hungary is ready to associate itself with EU action.

During an exchange of views on the prospects of Hungarian accession between the Hungarian and the President of the Commission on 16 September 1996, the former stated that 'thus far, the scheduled calendar has been respected' and expressed a wish to see his country included in the first group of accessions. He proposed setting up a pre-accession fund to assist the candidate countries with their preparations.

4.5 Latvia

Source: No official document published; however, based on the expressed opinions of Member States, material prepared by the Reflection Group and the current political situation in Europe, Latvian governmental experts have established a preliminary standpoint.

· Council: The voting system in the Council could be reformed in accordance with the "double majority" principle, where the first criterion would be a qualified majority, taking into account representation of the population, while the second criterion would represent the interests of small countries by granting one vote to each Member State.

Unanimity should be preserved on issues concerning annexes and changes to the Treaties, as well as on questions of enlargement.

The revised system of the Presidency should be based on groups of countries on a regional basis, including both small and large countries. In each Presidency countries from the Northern, the Southern and, for example, the Central-Eastern region of the EU should be included. The term of the Presidency could be extended to 18 months.

-As regards the Common Foreign and Security Policy, Latvia supports the creation of a CFSP planning and analysis unit located within the Secretariat of the Council, in which the representatives from the Commission would also take part.

4.6 Lithuania

Source: No official paper published. However, there is a unofficial document (non paper) concerning the 1996 IGC drafted by Lithuanian governmental experts; Declaration made by President of the Republic of Lithuania at the joint meeting of the Committees on Foreign Affairs, Security and Defence Policy and on External Economic Relations (October 1996).

4.7 Poland

Source: No official document published. Third meeting between the President of the European Parliament and the Presidents of the parliaments of the countries of Central and Eastern Europe (9 and 10 July 1996).

-Poland has high hopes and expectations of the outcome of the IGC. Poland expects the IGC to produce: greater political and economic security throughout Central Europe, an enhancement of work at second and third pillar level, no dilution or division of its members into different categories, greater possibilities for majority voting and additional powers for the EU Presidency.

Poland believes that the measure of the success of the Conference will be the creation of conditions allowing admission to the EU of all the candidate countries. Poland hopes for a speedy outcome to negotiations on institutional reform.

-As regards Institutional reform, Poland favours retaining the existing decision-making mechanism while taking account of the growing number of participants. The extension of majority voting within the Council should be carried out on a case by case basis.

Cohesion of the EU requires each Member States to have its own Commissioner and constant verification of the scope of the Commissions executive authority is needed.

A ceiling on the number of deputies to the Parliament should be imposed as well.

4.8 Romania

Source: A Romanian view of the 1996 IGC and the enlargement process (published by the Romanian government)

4.9 Slovakia

Source: Position paper of the Slovak Republic on the questions raised by the reflection group (October 1995) Position paper of the Slovak Republic for the second Slovak Republic - EU Association Council Meeting (27 February 1996)

· The European Parliament's role should be strengthened in the interests of democracy, set a maximum ceiling on a number of MPs, since the current representativeness requirement will no longer be practical when enlargement comes; simplify the decision-making procedure; preserve Parliament's right of initiative and increase its scope for controlling the Commission's activities; step up relations between the European Parliament and the national legislatures so as to highlight the latter's opinions and enhance their involvement in the process of European integration.

-At the 5 September 1996 meeting of the joint EU/Slovak parliamentary committee, Slovakia stated that it had the lowest level of foreign debt of all the countries of Central and Eastern Europe.

A committee of the Slovak national council has been set up to supervise all aspects of Slovak integration into Europe.

4.10 Slovenia

Source: Slovenia has not published an official document on the IGC.

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V. Position of the Reflection Group

Source: Report of 5 December 1995

-According to the report, the next enlargement represents both a political imperative and a new opportunity for Europe, but at the same time it presents the Union with a major challenge requiring an adequate response:

a) firstly, in the framework of the IGC, through the reforms designed to improve the Union´s functioning in general and institutional reform in particular;

b) secondly, in view of the impact which enlargement will have on applicant countries and on the Union.

-The next enlargement will be different from the previous ones because of the large number of applicant countries and the heterogeneity of their political, economic and social situations. To ensure that the next enlargement does not weaken, change the nature of or actually break up the Union, the reforms needed to cope with the challenges involved must first be made.

The enlargement negotiations cannot begin until the IGC has been concluded satisfactorily. The success of the former thus depends on the success of the latter.

-In order to enable the Union to work better and to prepare it for enlargement the IGC should examine the ways and means to improve the efficiency and democracy of the Union. Therefore, the Reflection Group proposes several institutional changes:

a) The Commission

Concerning the composition of the college the Group identifies basically two possible approaches:

b) The Council

Unanimity should remain the rule for decisions on primary law. In the case of Community legislation, a large majority in the Group is prepared to consider making qualified-majority voting the general rule.

Concerning the Presidency the Group has considered different possible arrangements. One proposal has been the idea of a team-Presidency consisting for instance of four Member States acting for a period of at least 12 months.

c) The European Parliament

In the view of the Reflection Group it seems appropriate to fix a maximum number of seats. A majority accept a maximum of 700 in an enlarged Union, as the European Parliament itself proposes in its report.

d) The European Court of Justice

With a view to enlargement of the Union some take the view that the number of Judges should be fewer than the number of Member States in order to ensure efficiency and consistency. Others take the line that all States should have a Judge at the Court. A middle course put forward is that not only Judges should count but Advocates-General as well.

-Concerning differentiated integration the Group rejects any formula which could lead to a "Europe à la carte". As regards the guidelines to allow flexibility, there is a large majority view supporting the following criteria:

a) flexibility should be allowed only when it serves the Union´s objectives and if all other solutions have been ruled out, and on a case-by-case basis;

b) differences in the degree of integration should be temporary;

c) no-one who so desires and fulfils the necessary conditions previously adopted by all can be excluded from full participation in a given action or common policy;

d) provision should be made for ad hoc measures to assist those who want to take part in a given action or policy but are temporarily unable to do so;

e) when allowing flexibility the necessary adjustments have to be made to maintain the "acquis communautaire", and a common basis should be preserved to prevent any sort of retreat from common principles and objectives;

f) a single institutional framework has to be respected, irrespective of the structure of the Treaty.

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VI. Conclusions

To summarise the positions of the parties involved in enlargement, clearly there is agreement that any conditions concerning eastward enlargement will be discussed within the formal negotiations for accession of Central and Eastern European states.

Therefore, there is a lack of concrete statements regarding conditions for accession which go beyond those conditions already mentioned at the European Council of Copenhagen.

After consultation of all parties involved, the 1996 IGC provides the opportunity to prepare the Union for Eastern enlargement. In this context a discussion has evolved concerning, in particular, institutional reform as well as modifications to the decision-making process. As far as the progress of this discussion is concerned, the relevant fact sheets published by the EP's Task Force should be referred to.

The parties involved have adopted different positions in the area of differentiated integration. While a majority of the member states considers a move towards a multi-speed Europe as likely and possibly inevitable, others, namely Portugal and Greece, reject such an approach.

No agreement exists about the exact commencement date of the enlargement negotiations following the termination of the 1996 IGC. However, according to the Presidency Conclusions of the Madrid European Council, the preliminary stage of negotiations will probably coincide with the start of negotiations with Cyprus and Malta, that is six months after the conclusion of the 1996 IGC.


For further information concerning this briefing, please contact:
Mr. GOLLAN, DG IV, Division for Relations with the Countries of Central and Eastern Europe.
Bruxelles, tel.: (32) 2 284 3701.



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