EU Ministers for European Affairs will hear Poland on Tuesday 22 February under the ‘Article 7’ procedure of the Treaty on the rule of law for the first time since June 2021 under the Portuguese Presidency of the EU Council (see EUROPE 12746/1). They are expected to adopt the revised recommendation on the entry of third-country travellers to the EU and will discuss the upcoming political sequence for the Conference on the Future of Europe.
Rule of law. This hearing will provide an opportunity for the European Commission to take stock of the situation of judicial independence in Poland and for the Polish government to express its views. It comes in a particular context, as the EU Court of Justice validated, on 16 February, the new conditionality mechanism for EU funds (see EUROPE 12892/1).
Several countries believe that the Commission no longer has any reason not to activate this tool, following the example of the Benelux countries, which are planning a strong intervention on 22 February and will ask that this mechanism be activated as soon as possible.
“It is not an anti-Warsaw or anti-Budapest tool”, as it is aimed at all Member States, French Secretary of State for European Affairs Clément Beaune told a few journalists on Monday 21 February. Once the guidelines on the mechanism have been adopted (see EUROPE 12894/4), “is it relevant to act in the run-up to an election?”, he wondered, noting that the European Parliament was asking for rapid action. In his view, the conditionality mechanism procedure should not be linked to the negotiations on the Polish and Hungarian recovery plans.
The Article 7 hearing will allow each country to put questions to the Polish government. Paris has no plans at this stage to take the next step by provoking a vote in the Council to establish, by a 4/5 majority of Member States, a clear risk of violation of the rule of law in Poland.
However, according to a European source, the usefulness of this procedure is nonetheless demonstrated in that it “keeps the subject on the agenda”. And “there are positive movements” in Poland now, she added, namely on the disciplinary chamber of the Polish Supreme Court.
While the independence of the Polish judiciary has deteriorated in recent years, the EU’s various rule of law tools are beginning to bear fruit and “get things moving a bit” in Warsaw, another source commented.
On Friday 18 February, Polish Prime Minister Mateusz Morawiecki said he was confident that an agreement could be reached with the Commission on the Polish recovery plan thanks to the reforms envisaged for the disciplinary chamber of the Supreme Court.
Travel to the EU. On Tuesday, ministers will be asked to adopt the revised recommendation on non-essential travel to the EU, which was approved by Member States’ ambassadors to the EU on Wednesday 16 February (see EUROPE 12892/25).
The revised recommendation takes into account the Omicron variant of the virus responsible for Covid-19 and incorporates the accepted EU validity period for Covid certificates (270 days after the first vaccination schedule). It also aims to move from an approach based on countries of origin (through a regularly updated list of third countries) to one based on the vaccination status of travellers.
The recommendation opens up certain possibilities for Member States, such as being able to continue to require negative PCR tests before departure to the EU, if there is “an inability to verify the authenticity, integrity and validity of vaccination certificates issued by third countries not using the framework of the EU Covid digital certificate or a vaccination certificate that has been recognised as equivalent to it”.
Member States could also require valid proof of a negative PCR test before departure when the traveller is fully vaccinated with a Covid-19 vaccine that has received a European marketing authorisation, but is not in possession of an EU Covid digital certificate or a certificate recognised as equivalent.
The revised recommendation also provides that Covid certificates of third country nationals vaccinated with a vaccine recognised by the WHO but not authorised in the EU should be recognised as valid.
It will apply in principle from 1 March. The current list of third countries could disappear from the beginning of May.
Resilience in the face of crisis. The General Affairs Council will discuss strengthening preparedness, response capacity and resilience to future crises.
Discussions will focus on the type of measures to be taken in the event of a new crisis - be it health or technological - the decision-making process in the EU Council and how the EU should strengthen its own strategic material production capacity by reducing its dependence on the outside world.
The objective of the French Presidency of the Council is to adopt specific conclusions by the end of June.
Conference on the Future of Europe. The ministers will discuss the upcoming political sequence before and after the feedback event of the Conference on the Future of Europe, scheduled for Monday 9 May.
“We are approaching the moment of political conclusions. [...] Consideration should be given to how the EU institutions will deal with the outcome of the conference after 9 May”, the EU source said.
A French note mentions the possibility of the June European Council adopting conclusions on the political restitution of the work of the Conference (see EUROPE 12890/17). And I propose “a citizens’ vote” on the final conclusions of the conference, Beaune added. He believes that, although Tuesday will be mainly about procedure, “the Member States will say whether there are subjects of particular interest to them”.
United Kingdom. Finally, Member States will be informed by the Commission of the latest discussions with the UK Government on the implementation of the Northern Ireland Protocol and on the issue of citizens’ rights which still poses some difficulties. The Commission and the UK government discussed this on 21 February in the EU/UK Joint Committee (see other news).
At the request of Slovakia, the ministers will discuss the protection of journalists at a time when the European Commission is drafting the European Media Freedom Act (see EUROPE 12789/2). (Original version in French by Solenn Paulic and Mathieu Bion)