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Europe Daily Bulletin No. 8239
SPECIAL EDITION EUROPEAN COUNCIL IN SEVILLE 21 AND 22 JUNE 2002 / (eu) eu/european council of seville

EU has measures for assessing situation of third countries concerning fight against illegal immigration - Council reform: most reforms proposed by Presidency can be applied immediately, says Aznar, who announces beginning of reflection on Presidency system, with a first report in Copenhagen

Seville, 23/06/2002 (Agence Europe) - Spanish Prime Minister José Maria Aznar showed, on 22 June, that he was very "pleased" with the results of the European Council of Seville, even though he did have to open his press conference with condemnation of the wave of attacks that have hit several parts of the region. He said "we shall continue to combat terrorism, and those guilty of terrorist acts must know that they will have to answer for them".

Speaking at his press conference, Mr Aznar described the package adopted on immigration and asylum as "balanced and global". He said they all agreed in saying that immigration is "positive, if flows are regulated and comply with the law", but it is indispensable to combat illegal immigration and to fight the "Mafia that trades in human beings" making "a great deal of money" in the process. He said he was pleased the EU has "measures for assessing" the way third countries cooperate in combating this phenomenon, and also that there is the possibility, "in exceptional circumstances" and if one of these countries does not cooperate, for the EU "to reserve itself the right to adopt a series of measures" against it. This problem is a great source of concern for our citizens speaking "without demagogy and with serenity", he added. On this issue, Romano Prodi welcomed the fact that the European Council had followed the proposals made by the European Commission and that it had "moved in our direction". The Commission takes immigration and asylum "seriously", he assured, adding that one must be "inflexible" in the fight against those smuggling immigrants, although at the same time one must recognise the "tremendous good" that legal immigration has done for Europe and can still do.

Incentives rather than sanctions for illegal immigration - A precise timetable for a European asylum and immigration policy

The conclusions of Seville fix a link between the fight against illegal immigration and cooperation with third countries, but with an incentive aspect that is far stronger than retaliatory measures, as pointed out yesterday. The text is not as severe as that advocated by the Spanish, British or the Germans, but establishing a more direct link would have been unacceptable for France and Sweden, and difficult for others like Belgium and Luxembourg. The text adopted in Seville keeps to the threat of retaliatory measures, speaking of EU measures in foreign policy or in "other policies". This wording could allow suspension of agreements or any other measure. But appreciation differs on this point (see article below). And there is one serious obstacle, which makes any sanction other than political very unlikely: first of all the Fifteen must unanimously note that there has been persistent violation of the agreements to combat illegal immigration before initiating any procedure. More concretely and more immediately, the Fifteen have fixed a whole series of precise dates to make up for their delay in implementing the programme for the common policy on asylum and immigration adopted in Tampere.

Council reform: Aznar and Solana express satisfaction

Decisions taken on Council reforms, that can be achieved without amending the treaties, are "a very important step", Mr Aznar told the press. He felt that the "immense majority" of these reforms may begin to be applied under Danish Presidency. Among these reforms, he cited the reduction in the number of Council formations from 16 to 9, the creation of a new "General Affairs and External Relations Council" that will hold separate sittings with separate agendas (the idea of having two separate Council formations is therefore abandoned, following resistance from several countries: see EUROPE of 22 June, p.4), and transparency of decisions when the Council acts in codecision with the EP. Regarding issues that require Treaty amendment, Mr Aznar announced that reflection will begin on the system of EU Council Presidencies, and that a first report on this subject is expected for the European Council in Copenhagen in December. Javier Solana, in his capacity as Secretary General of the Council, said he, too, was pleased with the reforms of the Council and European Council. Furthermore, Romano Prodi noted that the institutional reforms "are proceeding along parallel lines" and that, as the Council moves forward with its internal reform, he had himself put forward ideas on improving the work of the European Commission and making it more readable. British and Irish Prime Ministers Tony Blair and Bertie Ahern also welcomed the fact that the work of the Council thus becomes "more streamlined". Their Swedish colleague, Göran Persson, said he too was pleased but regretted that the division of the General affairs Council into two had not been approved.

Enlargement: Aznar regrets accession treaties will be signed during first quarter 2003, and Prodi "truly" hopes there will be ten new members

During the Spanish Presidency, 83 enlargement negotiation chapters were closed, Mr Aznar reminded the press. Mr Aznar believes the aim of concluding negotiations for the first wave of accession by end 2002 is "within reach". He repeated that he hoped the accession treaties would be signed during the first quarter of 2003 and that the new members would take part in the European elections of 2004. Mr Prodi, in answer to press questions, said he "truly hoped" there would be ten new members. He felt that there are also "elements of a solution" for the difficult problem of direct aid to farmers, and added that he thought the "Commission's proposals of compromise will be the basis for a realistic solution".

Even if enlargement was not among the key subjects to be discussed at the Summit, the Fifteen nonetheless took several important decisions. In the final conclusions, they:

confirm their determination to conclude negotiations with ten of the twelve candidates (except Bulgaria and Romania, see below) by the end of this year, and to sign the accession treaty "in spring 2003". The aim remains that, in 2004, these (10) countries will take part in the elections at the European Parliament as full members, on condition that the candidates adopt "a realistic and constructive approach" in the final phase of negotiations;

affirm that the Member States should approve and forward to the candidates, "in the first days of November", all the elements of the "financial package" which are still lacking at present in order to conclude accession negotiations. This mainly concerns the volume of the overall budget that will be available for financing enlargement during the period 2004-2006, the volume of contributions to be made by the future new members to the Community budget (and the mechanism that will be applied to ensure that none of them is a net contributor from the outset), as well as the question of direct aid to farmers;

confirm that the autumn Summit (scheduled for October in Brussels), on the basis of annual Commission reports, will designate the candidate countries ready to conclude accession negotiations end 2002 and join the EU in 2004. The day before, Council President Josep Piqué specified, in response to a question on possible postponement of the October European Council in Brussels that this delay must not be "significant". He said "one week or two would not be dramatic, but it would be if we were not then able fulfil our commitments";

stress that the EU should be able to present, at the Copenhagen Summit in December, an updated "roadmap" for Bulgaria and Romania, with a more precise timetable for the membership process of these two countries. An increase in pre-accession financial aid could also be envisaged, they said;

reaffirm that the Helsinki conclusions remain the basis for the EU position concerning Cyprus and its membership to the EU. The EU, nonetheless, continues to give preference to accession by a reunited island, we read in the final Summit conclusions. Both parties are invited to seize this "unique opportunity" of the prospect of Cyprus' membership to reach an overall settlement of the conflict "before the end of membership negotiations". Once Cyprus is a member of the EU, it should "speak with a single voice and ensure that EU law is correctly applied";

give a favourable welcome to the recent reforms in Turkey which improve the country's membership prospects and which allow it to be treated according to the same criteria as those applied to other

candidates. The Fifteen also announced that new decisions could possibly be taken in December, in Copenhagen, regarding the next stage of Turkey's candidature.

ESDP: final attempts at resolving the Greek-Turkish problem under Spanish Presidency, or, failing this, under Danish Presidency

Mr Aznar also announced that the Spanish Presidency, which comes to an end on 30 June, will continue to seek an agreement between the EU and NATO, which means it will first of all be necessary to overcome the Greek-Turkish problem. "We should like to have already settled these problems" as "there is not the slightest doubt in our minds that an agreement with NATO is necessary" for the development of ESDP, he commented, without going into details. The conclusions of the European Council state on this issue that, while noting progress made on the problem of involving European non-EU member allies in EU-led operations, the Seville Council tasked the next Presidency (Danish) to pursue "along with the Secretary General" the work for settling the last difficulties. The solution that could have obtained Greece's approval (see EUROPE of 22 June, p.4) did not please Turkish Foreign Minister Ismail Cem, whom Javier Solana met on Friday evening.

Terrorism: European Council cites Petersberg missions

The European Council adopted a declaration on "the contribution of CFSP, including ESDP, in the fight against terrorism" in which it mainly stresses that the development of ESDP must take more into account the capabilities that could be necessary, in accordance with the Petersberg missions and the provisions of the Treaty, to fight against terrorism.

Jacques Chirac is satisfied with agreement on immigration - Comprehension regarding Germany's attitude on enlargement

French President Jacques Chirac said he was "pleased with the balanced and humane approach" adopted by the Fifteen for defining the way that the fight made by third countries against illegal immigration will influence the EU's attitude towards these countries. "As France hoped", the approach will be "founded on dialogue, consultation, incentive, and not on sanctions and conditions", he added, as he began his speech. Mr Chirac assured that he had not noted any "disappointment among his partners" regarding the attenuation of remarks on sanctions. "Agreement was unanimous and spontaneous", he assured.

Enlargement is "making good progress", he declared, before going on to recognise that "it is true that direct aid does pose a problem". Jacques Chirac insisted on his attachment to the Franco-German understanding and said he was comprehensive about the "circumstances" that explain Germany's attitude on this subject. "We can understand that, in the current (electoral) period, the problem is a tricky one", said the French Presidency, before adding that he "did not doubt for one moment" that an agreement would be reached.

The agreement reached in Ecofin on the broad economic policy guidelines is "a good thing", said Jacques Chirac. It "will allow France to implement the economic policy approved by the last elections", that is "to bring taxes and levies to the level of the European Union average, so that it is no longer the most handicapped country from this point of view". France "has not just rallied to the Pact", it "has always followed it since its adoption", he added.

Schröder says: "Germany wants to see things clearly on CAP reform before taking a stance on direct aid, but will not hold up enlargement"

German Chancellor Gerhard Schröder did not hide his disappointment regarding the text adopted on immigration and asylum policy. "I would have hoped for more" in the conclusions on the possibility of imposing sanctions on non-cooperative third countries, but the Seville compromise is nonetheless "progress" in so far as it leaves a certain margin of interpretation for its implementation. Regarding enlargement, Mr Schröder stressed that Germany would not delay accession by new members ("Germany will do what it can to ensure the timetable is respected"), but he also very clearly confirmed that his county would not support any common EU negotiation position on direct aid to agriculture unless it was familiar with the broad lines of the next CAP reform ("mid-term review"). "Such will be the case in Copenhagen (at the December Summit) where, on the basis of clear reforms, we shall be able to see what we can do on the matter of direct aid", said Mr Schröder. Then, in answer to questions put by journalists, the Chancellor nonetheless hinted that a decision by the Fifteen on direct aid could possibly be reached before Copenhagen, on condition that Germany gains satisfaction on reform of CAP and, above all, the prospect of reducing direct aid. One thing is certain, insisted the Chancellor: "CAP cannot continue as it is". "It does not matter if it is in Brussels (October Summit) or in Copenhagen. What is important is the substance" of the reform, said Mr Schröder, who "expects comprehension" on the part of the Member States which, at the present time, "gain the most advantage from CAP". Regarding Turkey, Mr Schröder felt it was too soon to speak of a timetable for accession by this country to the EU. "There is no chance of approving a binding timetable", he told the press. With regards reform of the Council's work, Mr Schröder said he was pleased with the result obtained, but deplored the suppression of the Development Council.

Tony Blair considers much more should be done on immigration

Although he would have liked clearer affirmation of the possibility to sanction non-cooperative countries, the British Prime Minister gave his assurance that he was satisfied with the agreement on illegal immigration. "We have reached a sensible position", he said after the Summit. In answer to a question on the attitude of Paris, he said he did not believe France had an attitude that was any different from that of the other countries with regards illegal immigration. Tony Blair insisted on adoption of the whole of the asylum and immigration package at the dates fixed by the Summit. He placed emphasis on adoption of the Dublin II Regulation, which, in his view, is the "key" to resolving the Sangatte problem, since it better determines what country is responsible for processing requests for asylum (the country whereby the asylum seeker enters or that where he/she resides). Tony Blair considers Seville "goes further than Tampere".

Wolfgang Schüssel: "text on immigration offers possibility of taking sanctions"

Austria (which had urged for the possibility to take sanctions against non-cooperative countries) is nonetheless satisfied with the compromise text on asylum and immigration policy as "it opens the possibility for negative measures" and the taking of "concrete sanctions" against countries that refuse to cooperate with the EU, said Austrian Chancellor Wolfgang Schüssel. As far as enlargement is concerned, which has "made considerable progress during the Spanish Presidency", Mr Schüssel stressed that the forthcoming Danish Presidency does not have any intention to postpone the October European Council (as some diplomats had affirmed recently), and that there is therefore a "realistic chance" that accession negotiations will be concluded in December. On the subject of Council reform, Mr Schüssel welcomed the decisions taken in Seville. He also welcomed the fact that "the attempt made by some" to amend and weaken the Stability Pact had failed. "The Pact must remain as it is now", he said.

Louis Michel considers obligation of unanimity makes sanctions practically impossible

If the Fifteen link sanctions to the fight against immigration "they could be accused of running after the extreme right wing parties", said Belgian Foreign Minister Louis Michel. Pleased with the balanced decision on immigration, he gives it, however, quite a different interpretation from Germany or even Austria. In his view, the Summit approved sufficient safeguards, but said that the fact that unanimity is required to envisage sanctions makes this likelihood "practically impossible".

Göran Persson reaffirms that sanctions against poor countries serve no purpose

Sanctions "would be counter-productive, since it is poverty that make people leave", Swedish Prime Minister Göran Persson told the press. He was not happy with a "tough" text on illegal immigration. Nonetheless, he stressed that "if we do not fight against illegal immigration, we make the integration of legal immigrants more difficult". Göran Persson was also pleased that the Fifteen had committed themselves to precise dates for adopting many texts on asylum and immigration.

Silvio Berlusconi satisfied, despite everything, with decisions on "uncooperative" countries

Italian Prime Minister Silvio Berlusconi, who was confident on Friday evening that sanctions would be brought in against countries that refuse to coperate in the fight against illegal migration, told the press on Saturday that Italy was pleased "because Europe will be able to adopt measures" towards the countries that do not cooperate. He added, to tone this down, that "it was not possible to introduce more specific sanctions because France expressed an absolute veto. But it's OK".

Bertie Ahern delighted by declaration on Ireland's neutrality

"Extremely grateful" to his partners, the Irish Prime Minister, Bertie Ahern, declared he hoped that his country's declaration on neutrality would "bring clarity and finality to the issue of neutrality that has daunted us for some time". It was largely on this issue that the "no" won at the Irish referendum on the Treaty of Nice, and so Bertie Ahern needed this declaration to help him win the second referendum. The British Prime Minister, also, welcomed the declaration on Irish neutrality and affirmed that "nothing in the Nice Treaty affects the sovereignty of Ireland".

Juncker says "Germany will support the EU position on direct aid in October"

Luxembourg's Prime Minister Jean-Claude Juncker said he was optimistic that the enlargement timetable would be respected and membership talks concluded by the end of the year, despite current divergence over direct aid. "I do not doubt for one second that Germany will support a common position of the EU (on direct aid) during the European Council in October, in Brussels", the Head of the Luxembourg government told EUROPE. As far as immigration and asylum policy is concerned, Mr Juncker would have liked to see a political commitment on the part of the EU reached in Seville in favour of creating a European border guard corps.

Lipponen says the question of Council Presidency must not be seen in an isolated manner

Finnish Prime Minister Paavo Lipponen confirmed to the press that his country, like Sweden, was opposed to the idea of a common border police. "You do not climb a tree from the top, but from the roots", he said, considering that the EU must help candidate countries to keep their borders, and by giving them advice. In answer to questions, he said the governments must not interfere with the work of the European Convention, and hoped in passing that Valéry Giscard d'Estaing would also visit Finland. The question of Council Presidency must not be treated in an isolated way, and the large Member States should avoid insisting on their fixed ideas ("idées fixes"), he went on to say. In response to a question on the candidature of Helsinki as the location for the Food Safety Agency, he said that, in principle, Finland can count on the support of thirteen Member States (Ed.: except Italy, which is putting Parma forward as a candidate), but that negotiations on this subject are done bilaterally, and "not here".