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The Future of EU Enlargement Policy Stefano Sannino 11 May 2012

By James Kilcourse

Stefano Sannino, the Director-General of Enlargement at the European Commission, discussed the challenges facing EU Enlargement policy, the prospects of the nine candidate and potential candidate countries, as well as the issues that may arise in this policy area during the Irish Presidency of the Council of the European Union in 2013.

EU Enlargement Policy

Mr. Sannino began his address by setting out the challenges facing EU Enlargement policy. An important issue, he argued, is making the process credible for the applicant countries and moving the process forward at a time when enlargement has become increasingly less popular within the EU, especially since the beginning of the crisis. A further challenge is to reconcile the aspirations of the candidate and potential candidate countries, who wish to join the EU as soon as possible, with a process that has become much more complex since the fifth enlargement to Eastern and Central Europe. The changes in the enlargement process over the past few years are both qualitative and quantitative. Whereas applicant countries in the past merely had to legally adopt the acquis, the process now focuses on the capacity of applicant countries to implement the acquis. Furthermore, a number of new chapters have been added, including the very difficult Chapters 23 (judiciary and fundamental rights) and 24 (justice, freedom and security). The accession process also now demands the reform of public administration and the development of institutions that can effectively manage European funds. According to Mr. Sannino, these changes in the enlargement process should be seen as a positive development because they prepare countries for the responsibilities of membership. The problem arises, however, when the EU begins to demand too much from applicant countries before the accession process even begins. He argued that this creates a sense in the applicant states that the EU is creating new obstacles and making the process even more complicated and difficult.

The Programme Countries

Mr. Sannino pointed out that the enlargement process now applies to Iceland, Turkey and the Western Balkans. These are three very different entities, and even within the Western Balkans there are very different political and ethnic situations in

 

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the applicant states. The process is no longer based on a ‘one-size-fits-all’ approach, he said. Instead, the best procedure is identified for each applicant to ensure that the countries can move towards the goal of membership and can benefit from the process itself.

Turning to the nine countries covered by the Enlargement programme, Mr. Sannino first lauded the success of Croatia in successfully completing negotiations and moving the process forward in a very positive and constructive manner. He said that the European Commission is continuing to monitor the process in Croatia, particularly in two areas under the rule of law cluster: reform of the judiciary and the fight against corruption. In April 2012, the Commission published its first progress report on Croatia, which was positive, and expects to publish the second report in October.

Iceland is also advanced in its negotiations with the European Commission, having already opened fifteen chapters out of thirty-five. The main challenge facing Iceland, according to Mr. Sannino, will be the fisheries sector, which is a very sensitive issue for both Iceland and the EU. The fact that Iceland and the EU are simultaneously reforming their fisheries policies adds more uncertainty to this area of negotiations. He added that a further complicating factor is the prospect of parliamentary elections in Iceland in 2013.

Turkey, according to Mr. Sannino, represents one of the most difficult negotiation processes that the EU now faces. He noted that, although Turkey is a key strategic partner of the Union, the decision to move from the level of strategic partnership to membership is very complicated, both for the countries of the EU and for Turkey. In order to move forward, the Commission has devised a new approach in relations with Turkey called the ‘positive agenda’. Mr. Sannino explained that the positive agenda has two elements. The first is to manage the areas of disagreement between Turkey and the EU. The second is to focus on the positive aspects of the relationship and to identify a number of areas where Turkey and the EU could work together more constructively e.g. energy. Another issue that is particularly important for Turkey is visa liberalisation. Mr. Sannino stated that a political agreement on this issue had been reached in the European Council and now must be translated into concrete actions that will, over time, lead to full visa liberalisation.

In the Western Balkans, Montenegro was given a clear set of tasks last year by the European Commission and, according to Mr. Sannino, has done a remarkable job in meeting its objectives. He noted that the new government has been truly committed to the European cause and has turned the European agenda into the national agenda. He said that, in the Commission’s view, negotiations with Montenegro should be opened in June 2012, as has been foreseen by the European Council in December.

Mr. Sannino stated that the accession process of Macedonia continues to be blocked in the European Council, but the European Commission has launched a High-Level Dialogue to overcome this difficulty. Mr. Sannino explained that this

 

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dialogue is co-chaired by European Commissioner for Enlargement, Štefan Füle, and the Prime Minister of Macedonia. The dialogue focuses on the areas that have been problematic for Macedonia, like the fight against corruption and the functioning of the market economy. Mr. Sannino said that the dialogue has produced excellent results. The Macedonian government has come up with specific targets to be achieved in these areas and hse defined an Action Plan with 140 measures that it has undertaken to complete by September.

Albania went through a very difficult period last year due to a standoff between the opposition and the government. Mr. Sannino stated that, since agreement was reached between the two sides in November 2011, the reform process has continued positively and the Albanian government has devised a convincing Action Plan that may, if this trend continues in a constructive way, bring the state closer to receiving candidate status.

Serbia was granted candidate status in March but has since been preoccupied with parliamentary and presidential elections. Mr. Sannino expressed his hope that the new government would take a stand on two important issues: stabilising relations with Kosovo and the reform process, which has been less result-oriented than the European Commission expected over the past number of months.

The atmosphere in Bosnia-Herzegovina has been very constructive since the start of this year when a new government was created. Key laws have since been adopted and the next step is to adjust the Constitution in line with the ruling of the European Court of Human Rights regarding the right to election of minority groups. Another issue that Bosnia must deal with, according to Mr. Sannino, is the need to speak with one voice when it comes to relations with the EU. He noted that high level consultations will take place in Brussels at the end of June 2012 to try to assist the different political leaders in moving forward on this issue.

Finally, there was a real breakthrough in the EU’s relations with Kosovo in March 2012, when the European Council gave the Commission a mandate to carry out a feasibility study for a Stabilisation and Association Agreement. This study, he argued, could form the basis of contractual relations between Kosovo and the EU. Furthermore, the Commission has launched a dialogue with Kosovo on the rule of law, which will begin at the end of May 2012.

The Irish Presidency

Looking ahead to the Irish Presidency of the Council of the European Union from January 2013, Mr. Sannino noted that the Presidency will fall at an important time of year for Enlargement policy. The European Commission publishes its annual Progress Report on Enlargement in October and the European Council takes decisions based on this report at the December summit. These decisions are implemented in the following months, which will fall during the Irish Presidency. Moreover, if delays continue in the accession process of Albania, Macedonia or

 

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Serbia, he suggested that the Irish Presidency would be called upon to play an important role in this area. He added that the parliamentary elections in Iceland will also fall during the Irish Presidency. Mr. Sannino also pointed out the significance of the Irish Presidency falling directly after the Cypriot Presidency, during which Turkey’s relations with the European Council will be frozen. The Irish Presidency will, therefore, be the time when relations between the EU and Turkey will need to be re-energised.