Brussels, 11/10/2002 (Agence Europe) - As we mentioned in previous bulletins (EUROPE of 5 October, p. 10 and 10 October, p. 4-7), the Commission proposed on Wednesday that Member states include a special safeguard clause in accession treaties with the ten future members. This clause, that has already been discussed within the Council's working group responsible for drafting the accession treaty and which has been the subject of criticisms on the part of candidate countries (see yesterday's EUROPE page 8) will necessarily have to be the subject, when the time comes, of negotiations with candidate countries, given that it will appear in the treaty. European diplomats consider that approval by the EU should not pose many problems as most current Member states are themselves requesting such a precautionary measure so as to hedge against any dysfunction in the internal market following possible shortcomings in the future Member states in implementing the acquis communautaire. Given this backdrop, and taking account of the fact that the future Member states are not part of the European Economic Area (EEA), the Commission considers that the general safeguard clause (that was in the accession treaties with Austria, Finland and Sweden) should be strengthened and its period of implementation extended to two years (only one year in 1995). The strengthening of the clause is justified, says the Commission, by the fact that the candidate countries of Central and Eastern Europe, as well as Cyprus and Malta, are in socio-economic and political situations "incomparable" with those of Austria, Finland and Sweden. This enlargement will be "unique" (by its scale too) and demand specific precautionary measures, Commissioner Gunter Verheugen explained. For the Commission, the "normal" safeguard clause would not suffice, as it would only apply to situations of general economic upheaval or crises in specific economic sectors. "The normal safeguard clause would not apply to situations that, on the one hand, are due to shortcomings in obligations stemming from accession and which, on the other, could have serious non-economic consequences, like on health, for example or the protection of intellectual property, or for general reasons of public policy", Commission sources explain. In a great number of these policies, Community legislation either does not comprise a safeguard clause, or a safeguard clause does not cover specific situations resulting from enlargement, the Commission argues. Whence the need to introduce in the treaty, "as precautionary measure", a strengthened safeguard clause covering, in the broad sense, the smooth running of the internal market.
The Commission proposes that the clause should work on the following elements: - the safeguard mechanism would be implemented by the Commission at the request of Member states (old or new) or on its own initiative; - the Commission could be authorised to take decisions itself on measures to take (which would be proportional and limited in time); - the scope should be limited to "serious breaches" in the functioning of the internal market or an imminent risk of such a breach and should also concern particular situations regarding food safety; - the mechanism would be triggered when the Commission observes a failure to comply with obligations subscribe to by the new Member states; - during the period when the measures are being applied, the new Member state concerned shall provide information on the stages planned to redress the violations. The measures would be lifted as soon as the Commission notes the end of the violations; - the safeguard measures would only exist for a limited period of time. The possibility of invoking the internal market safeguard clause would be limited to two years.
In the framework of monitoring, in 2003, the legislative and administrative measures of the candidate countries, the Commission will present the Council, six months before accessions, a complete monitoring report. This report will identify all areas where, in the absence of countermeasures, such safeguard measures may be invoked. This could also serve as prior warning before accession.