Brussels – A few weeks after the long-awaited Commission proposal and the European Council discussions, which proved anything but strategic, the ambassadors of the 27 member states have started discussing how to prepare for an enlarged Union. Not internal reforms, but what is considered the most urgent matter: the new safeguard clauses to be included in the Accession Treaties of future members.
Citing the “time sensitivity of progressing consideration of safeguards,” particularly those to be “included in the Draft Common Position for Chapter 35 (Other issues) for Montenegro, which the Commission will submit shortly,” the Irish Presidency of the Council proposed focusing the 28 October Coreper (Committee of Permanent Representatives) meeting on the section of the Commission’s communication on pre-enlargement policy reviews concerning “new horizontal safeguard clauses in future Accession Treaties.”
This is how the steering note circulated among the 27 ambassadors reads. The note served as a basis for discussions and provided guidance on specific elements of the proposals. In particular, it includes a “significant extension” of the duration of existing safeguards, a general monitoring clause combined with a postponement clause, a new institutional safeguard to address “serious breaches” of EU values and the principle of sincere cooperation, and a “temporary commitment” by new member states not to oppose Council and European Council decisions concerning future enlargements and relating to bilateral disputes.
With the Council tasked with formulating its own views on “proportionate” measures that have “clear grounds for activation and defined periods of application,” the ball is now in the court of the Working Party on Enlargement and Countries Negotiating Accession to the EU (COELA), the Council’s preparatory body responsible for the enlargement process and relations with candidate countries.
As EU sources anticipate, before returning to Coreper “in the coming weeks,” the work will focus on two questions: whether the Commission’s proposal forms a credible basis for work on safeguard clauses for future accessions, as well as for “Montenegro’s Treaty”; and how long the new institutional safeguard should remain in force, along with the measures to be taken under it.
As The New Union Post understands from several diplomatic sources, the 27 member states “broadly agreed” with the Commission’s proposals during the Coreper discussion. However, several delegations called for “targeted, proportionate, strictly linked to clearly identified risks, and temporary” safeguard clauses, which should be “regularly reviewed and lifted once the relevant conditions are fulfilled.” In this sense, the new safeguard framework should be considered “a safety mechanism rather than an additional layer of permanent conditionality,” without creating any kind of second-tier membership, the sources strongly emphasised.
The proposal on safeguard clauses for new members
One of the main pillars of the Commission’s communication on pre-enlargement policy reviews concerns the safeguards needed to ensure respect for the rule of law after the accession of new members, which should not be allowed to backslide on EU principles and values, as has happened in the past.
Future accession treaties should include stronger safeguards against “serious shortcomings” in commitments undertaken during the accession negotiations that could risk undermining the proper functioning of the Union. This would be enabled through a common framework of “temporary, targeted and reversible” safeguards, based on tools already available under the Treaties.
First, revisiting the three existing sectoral safeguards used in previous enlargements – covering the economy, the internal market, and justice and home affairs. However, they could be applied for a “longer invocation period” than the previous three years, “with a possibility for a further extension”.
Second, establishing a new institutional safeguard that would address “serious breaches” of EU values enshrined in Article 2 of the Treaty on European Union or of the principle of sincere cooperation among EU members, which could lead to the suspension of voting rights. This new safeguard would be available for the first 15 years after accession and would complement existing instruments, such as the suspension clause under Article 7 of the Treaty on European Union.
Third, introducing a clause on decision-making rights during the first years of membership, which would require a new member state to commit not to oppose EU decisions on future enlargements or bilateral disputes.
A separate non-paper set out the proposed legal text for these safeguard clauses to facilitate discussions among the 27 member states.
Discover more from The New Union Post
Subscribe to get the latest posts sent to your email.
