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Europe Daily Bulletin No. 9537
THE DAY IN POLITICS / (eu) eu/enlargement

Commission sticks to strategy adopted in 2006 with more focus on respect for rule of law - article 301 of Turkish penal code under superlative level of Commission scrutiny

Brussels, 06/11/2007 (Agence Europe) - The Commission is satisfied with the implementation of the “renewed consensus” on the enlargement approved by the European Council in December 2006. The consensus is based on three fundamental principles: (the three “Cs”): conditionality (strict respect for accession criteria by candidate countries); consolidation (respect for commitments by the EU in terms of European prospects, notably those for the Western Balkan countries); and communication (better explanations to citizens about the political, economic and intercultural advantages of enlargement). This comes out of the “strategy paper” on enlargement that the Commission adopted on Tuesday 6 November with the regular reports for 2007 on the candidate countries (Turkey, Croatia, Former Yugoslav Republic of Macedonia) and the Western Balkan countries - Serbia (with a specific report on Kosovo), Bosnia-Herzegovina, Albania and Montenegro (see below).

The foundations of the enlargement strategy, defined in 2006, remain fair and valid. The Commission believes that there is therefore no reason to introduce substantial amendments to them. Addressing the press, Olli Rehn stressed: “Conditionality remains the cornerstone of our enlargement policy. But at the same time, it is indispensable that the Union keeps to its own commitments”. The Union is at risk of “talking to a brick wall” if it intends to ceaselessly call for reforms from candidate countries without honouring its own commitments, explained the commissioner for enlargement. Rehn did, however, announce that the Commission would in the future attach more importance to the progress of candidate countries with regard to respect for the rule of law, administrative and legal reform, the fight against corruption and organised crime, and inter-ethnic and inter-cultural reconciliation. In its report the Commission affirmed that “good neighbourly relations remain key”.

The main Commission conclusions in connection with the three candidate countries are as follow (the full text for the reports is available at: (http: //ec.europa.eu/enlargement/index_en.htm):

Turkey. Although the country continues to fulfil the political criteria for accession “sufficiently”, the Commission deplores the fact that progress has only been “limited” in 2007 in the context of political reforms. The Commission insists that “Turkey now needs to renew the momentum of its political reforms”, particularly those linked to fundamental freedoms and the rights of non-Muslim religious communities. Additional measures should also be taken to strengthen the fight against corruption, increase civil power over military power, improve the legal system, bolster rights for unions, women and children, and protect cultural rights. The Commission asserts that “the freedom of expression (withdrawal or amendment of Article 301 of the Turkish penal code) and the rights of the non-Muslim religious communities are the most urgent priorities”. The Commission is proposing that the Council establishes a direct link between Article 301 of the penal code and accession negotiations: as long as this article has not been withdrawn or amended to the satisfaction of the EU, negotiations on the “justice and fundamental freedoms” chapter cannot be opened. Overall, the Commission is expecting “progress” in the accession negotiations with Turkey in 2008. At this stage, 4 of the 35 negotiation chapters have been opened: “health/consumer protection” and “trans-European networks”. These two chapters are technically ready and should be open soon, particularly because they are not, according to Commissioner Rehn, “politically sensitive” (the decision will be taken by the Council, which has to decide at unanimity). In its report the Commission also criticised Ankara for not having made progress in the normalisation of relations with the Republic of Cyprus. As Turkey still refuses to apply the protocol on extending the EU-Turkey Customs Union to Cyprus, accession negotiations on eight chapters will remain suspended until a new order (decision taken in December 2006). The Commission condemns the “terrorist” attacks of the PKK and supports Turkey in its effort to protect its citizens, but insists on proportionality in the means employed and on respect for international law.

Croatia. The balance sheet drawn up by the Commission is largely positive. Accession negotiations with Croatia are progressing well and the Commission is pleased to announce that they are now entering a “decisive phase”. Commissioner Rehn emphasises that “this demonstrates to the whole of the western Balkan region that European prospects are both concrete and tangible”. Without speculating on any possible date for the accession of the country, the Commission is expecting “significant progress” in accession negotiations with Croatia in 2008.

If the country maintains the current reform momentum, a “significant” number of new negotiating chapters could be opened in the near future (up to this point, 14 chapters have been opened) and “several” could be closed (hitherto, two chapters have been provisionally closed). Croatia's accession preparations are progressing well, says the Commission. It continues to meet the political criteria for accession, but “considerable challenges” remain in certain specific areas where Zagreb will have to redouble its efforts: administrative and judicial reform, protection of the rights of minorities, the return of refugees, regional cooperation with a view to resolving neighbourhood problems. With regard to the economic criteria for accession, Croatia continues to be a viable market economy, which ought to be able, in the medium term, to confront competition on the EU internal market. However, some structural reform (notably with regard to the iron and steel and naval industries) is making too slow progress, the Commission regrets. It is critical, too, of high level of state intervention in the economy and the very high level of external debt. The Commission welcomes the substantial progress made by Zagreb in implementing the acquis communautaire, but calls for greater efforts to reinforce the administrative ability to put EU legislation into effect.

Former Yugoslav Republic of Macedonia (FYRM). The country, which was granted applicant country status in December 2005, has made progress in every area, but must, nevertheless, speed up the pace of reform, particularly in the political area. Progress was recorded in 2007 in meeting the political criteria for accession (“encouraging” results were noted in justice reform, combating corruption, and respect for human and ethnic minority rights), but the political tensions between the government and the opposition considerably were delaying other essential reforms, especially relating to justice and the police, consolidation of the rule of law and the protection of the rights of minority communities, the Commission says. Thus, it has launched an appeal to the leaders to ensure a “peaceful and constructive dialogue” among all the political parties and an “effective democratic system” in the country. The FYRM has made good progress towards becoming a viable market economy: it should be able to meet the pressure of competition in the EU internal market “in the medium term”, provided that the reforms are continued. Although the main economic indicators are good, the country is suffering from particularly high unemployment and institutional and regulatory weaknesses. These institutional and administrative shortfalls also have repercussions for the implementation and application of the acquis communautaire, where much remains to be done, the Commission says. As expected, the Commission gave no indication of a date on which accession negotiations with the FYRM could be launched. (H.B.)

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