II. MIGRATION
4. In response to the migration crisis facing the EU, the objective must be to rapidly stem the flows, protect our external borders, reduce illegal migration and safeguard the integrity of the Schengen area. As part of this comprehensive approach, the European Council assessed, on the basis of detailed reports from the Presidency and the Commission, the state of implementation of the orientations agreed in December.
5. The European Council welcomes NATO's decision to assist in the conduct of reconnaissance, monitoring and surveillance of illegal crossings in the Aegean sea and calls on all members of NATO to support this measure actively. The EU, in particular FRONTEX, should closely cooperate with NATO.
6. The full and speedy implementation of the EU-Turkey Action Plan remains a priority, in order to stem migration flows and to tackle traffickers and smugglers networks. Steps have been taken by Turkey to implement the Action Plan, notably as regards access by Syrian refugees to Turkey's labour market and data sharing with the EU. However, the flows of migrants arriving in Greece from Turkey remain much too high. We need to see a substantial and sustainable reduction of the number of illegal entries from Turkey into the EU. This calls for further, decisive efforts also on the Turkish side to ensure effective implementation of the Action Plan. The European Council welcomes the agreement reached on the Facility for Refugees in Turkey and calls on the Commission and the Member States to implement swiftly the priority projects. It also welcomes the progress on preparing a credible voluntary humanitarian admission programme with Turkey.
7. In addition,
a) regarding relations with relevant third countries, the comprehensive and tailor-made packages of incentives that are currently being developed for specific countries to ensure effective returns and readmission require the full support of the EU and the Member States. The European Council also calls on the Commission, the High Representative and the Member States to monitor and address any factors that may prompt migration flows;
b) implementation and operational follow-up to the Valletta Summit, in particular the agreed list of 16 priority actions, should continue and be stepped up;
c) humanitarian assistance should continue to be provided to Syrian refugees and to the countries neighbouring Syria. This is an urgent global responsibility. In this context, the European Council welcomes the outcome of the Conference on supporting Syria and the Region in London on 4 February and calls on the Commission, Member States and all other contributing countries to rapidly implement their commitments;
d) the continued and sustained irregular migrant flows along the Western Balkans route remain a grave concern that requires further concerted action and an end to the wave‑through approach and to uncoordinated measures along the route, taking into account humanitarian consequences for Member States affected. It is also important to remain vigilant about potential developments regarding other routes so as to be able to take rapid and concerted action;
e) the Council adopted a Recommendation on 12 February 2016. It is important to restore, in a concerted manner, the normal functioning of the Schengen area, with full support for Member States which face difficult circumstances. We need to get back to a situation where all Members of the Schengen area apply fully the Schengen Borders Code and refuse entry at external borders to third-country nationals who do not satisfy the entry conditions or who have not made an asylum application despite having had the opportunity to do so, while taking into account the specificities of maritime borders, including by implementing the EU-Turkey agenda;
f) with the help of the EU, the setting up and functioning of hotspots is gradually improving as regards identification, registration, fingerprinting and security checks on persons and travel documents; however, much remains to be done, in particular to make hotspots fully functional, to ensure the full 100% identification and registration of all entries (including systematic security checks against European databases, in particular the Schengen Information System, as required under EU law), to fully implement the relocation process, to stem secondary flows of irregular migrants and asylum-seekers and to provide the significant reception facilities needed to accommodate migrants under humane conditions while their situation is being clarified. Asylum seekers do not have the right to choose the Member State in which they seek asylum;
g) the humanitarian situation of migrants along the Western Balkans route calls for urgent action using all available EU and national means to alleviate it. To this end, the European Council considers it necessary to now put in place the capacity for the EU to provide humanitarian assistance internally, in cooperation with organisations such as the UNHCR, to support countries facing large numbers of refugees and migrants, building on the experience of the EU Humanitarian Aid and Civil Protection department. The European Council welcomes the Commission's intention to make concrete proposals as soon as possible;
h) all the elements agreed last December should be implemented rapidly, including the decisions on relocation and measures to ensure returns and readmissions. As far as the 'European Border and Coast Guard' proposal is concerned, work should be accelerated with a view to reaching a political agreement under the Netherlands Presidency and to make the new system operational as soon as possible;
i) the European Council invites the European Investment Bank to rapidly develop ideas, in cooperation with the Commission, on how it can contribute to the EU response.
8. The comprehensive strategy agreed in December will only bring results if all its elements are pursued jointly and if the institutions and the Member States act together and in full coordination. At the same time, progress must be made towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. To this end, following today's in-depth discussion, preparations will be stepped up so as to allow for a comprehensive debate at the next European Council, where, on the basis of a more definitive assessment, further orientations have to be fixed and choices made.
At their meeting in February, EU leaders agreed on a new settlement for the UK within the EU. They also discussed migration and the situation in Syria and Libya.
European Councl President Donald Tusk visits Paris, Bucharest, Athens, Prague and Berlin ahead of the European Council on 18-19 February.
Tomorrow we will meet in the European Council. It will be a crucial moment for the unity of our Union and for the future of the United Kingdom's relations within Europe.
After my consultations in the last hours I have to state frankly: there is still no guarantee that we will reach an agreement. We differ on some political issues and I am fully aware that it will be difficult to overcome them. Therefore I urge you to remain constructive.
The negotiations are very advanced and we must make use of the momentum. There will not be a better time for a compromise. It is our unity that gives us strength and we must not lose this. It would be a defeat both for the UK and the European Union, but a geopolitical victory for those who seek to divide us.
We will work on the basis of the proposal that I put forward on the 2nd of February, with technical and legal clarifications which have been worked out by our Sherpas to be circulated today. But all the political issues will remain open for tomorrow. The objective has been clear from the start: to reach a legally binding and irreversible agreement which addresses UK concerns, while being satisfactory to all. At the same time we will not undermine our fundamental values. It is my goal to do the deal this week.
On choreography: after the traditional exchange of views with the President of the European Parliament, and the family photo, we will address the UK issue at our first working session on Thursday afternoon. This will be an opportunity for all members to state their positions and voice their concerns. Given that we are talking about a legally binding agreement, we will need time to assess all the necessary changes overnight and revert to the issue on Friday morning.
Over dinner, we will discuss the latest developments regarding migration. In December we agreed on a number of priorities to be addressed urgently. The detailed reports drawn up by the Dutch Presidency and the Commission show that the strategy we have put together is beginning to yield results but the progress achieved so far is not sufficient. I want us to keep up the pressure on all elements of the overall strategy. We should agree the conclusions at the end of the discussion. As the EU-Turkey Action Plan plays a crucial role in our strategy, I will meet PM Davutoglu beforehand to assess the progress and discuss speeding up the agreement so as to achieve a substantial and sustainable reduction of the number of illegal entries from Turkey into the EU.
We will meet on Friday morning in an informal session with a discussion on the United Kingdom. The President of the European Parliament will join us for the debate. The exact timing is still to be decided as we may need to meet for bilateral consultations. Once the final text is ready, we will resume the plenary session to adopt it formally.
Later we will turn to the situation in Syria and Libya, and adopt the remaining conclusions. Finally, we will endorse the euro area recommendations, under the revamped European Semester. I look forward to meeting you in Brussels tomorrow.
National Front's Nanterre offices during Wednesday morning's police raid
Workers in the National Front’s Nanterre headquarters had a poor start to the day on Wednesday. Their office was raided by a bunch of gendarmes.
But this wasn’t any run-of-the-mill raid. The French police acted as part of a European parliament investigation into Marine Le Pen’s far-right party for alleged expense fiddling by its MEPs.
The party – which is now consistently running first or second in polling for next year’s French presidential race and remains the largest French party in the European parliament itself – were accused by EU authorities last year of fraudulently claiming €7.5m to cover the pay of 20 MEP assistants who worked only on national matters – which is against EU rules.
As expected, FN are not happy it. They hit back, in typically bombastic style, labelling the investigation “a political operation directly led by François Hollande and Manuel Valls with the goal of obstructing, monitoring and intimidating the patriotic opposition”.
Read moreLeaders of Croatia, the Former Yugoslav Republic of Macedonia, Slovenia, and Serbia join President TUSK and President JUNCKER to discuss the latest developments in the region.
Two years ago, Ukrainians stood on Maidan demanding their right to determine the future of their country. People of Maidan is a 12 part series produced by the EU that tells the story of the Maidan revolution through the eyes of the people who were there and their hopes for Ukraine in the future. The series consists of 12 video portraits spoken in Russian, Ukrainian and English.
The publication of the UK’s draft EU settlement marks another milestone in the refashioning of its relationship with the EU. The proposals – which remain to be agreed in the European Council and thus could change – are noteworthy for their comprehensive and exacting nature. They represent a new mode of engagement between a Member State and the EU.
As I have written previously, this is the first time a Member State has unilaterally sought a renegotiation of its own terms of membership. This draft deal is not a means of accommodating a country trying to ratify an EU treaty (like Denmark with Maastricht or Ireland with Lisbon). Nor is it inherently in response to a particular policy change at European level. It is the product of national politics and the implementation of a manifesto pledge.
The ramifications for the EU of this unilateral approach remain unclear. How long before the novelty wears off and other countries seek their own individual settlements? Some will suggest that such a prospect is unlikely and that the UK is a special case. However, other Member States have opt-outs, protocols and reservations in their favour – having opt-outs does not in itself make a Member State unique.
It is true that the likelihood of another state (particularly a less influential one) succeeding in winning its own EU settlement is marginal. Nevertheless, the argument could be made, and refusal to accept it might damage the EU’s legitimacy. More to the point, how could Britain seriously stand in the way of another country following in its footsteps?
The draft deal would make a number of substantive changes to the EU’s architecture. If agreed, the potential qualifications of the free movement of workers would be ground-breaking. Over time, the implications of such a move could certainly be wider than the drafters ever intended.
Other measures are important but less radical, such ‘taking account’ of opposition by national parliaments to EU legislative proposals on grounds of subsidiarity. Agreement to eventually attach a protocol to the EU treaties clarifying that ‘ever closer union’ does not equate to obligatory political integration for the UK is less substantive.
Regardless of the meaning of creating ‘an ever closer union of the peoples of Europe’, the UK would have always had a say in any treaty change, and if it did not want to take part a significant new EU initiative, it would surely have received an opt-out, as it has always had before.
More importantly, the eventual settlement will carry a strong symbolic value. It attempts to codify the UK’s EU membership, listing all the opt-outs it already holds, such as on Economic and Monetary Union, the Schengen acquis and parts of police and judicial cooperation. It singles out specific elements of one country’s relationship with the EU – a sort of bespoke terms and conditions of membership. This kind of agreement runs counter to how the EU has always worked before.
Moreover, such differentiation would set the UK apart from the other Member States. The UK will not help Eurozone countries in financial crisis (who presumably will not be lining up to help the UK if it ever needed it). It will not treat EU workers equally under certain circumstances. In short, it will not participate in much of what the EU is meant to be about.
This arrangement would likely sap much of the goodwill from the UK’s EU membership. It is understood, and accepted, that the UK will not partake in particular elements of European integration. However, coldly stating the fact, codifying it and adding on to it are unlikely to endear Britain to the rest of the EU. It moves in the direction of reducing the UK’s membership to a transactional relationship between it and the other EU Member States.
The EU has always been about more than transactions, even for countries largely averse to political integration. Presuming the deal is agreed, it will have broader implications for the UK’s place in the EU. It has the potential to generate sizeable ill-will from the other Member States, which will have compromised much for the UK. It could also damage the UK’s long-term influence in the EU. If countries perceive the UK as semi-detached from the Union, they may not take it and its views as seriously as they would have otherwise.
All of this is of course predicated on the settlement being agreed and the UK subsequently voting to remain in the EU. Should Britain instead vote to leave, it will perhaps not be off to the best start in the withdrawal negotiations, having just wasted the other Member States’ time in reaching a now void settlement that concedes much of what is important to them about the EU.
This article was originally published (under a different title) on the LSE BrexitVote Blog.
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How to cite this article:
Salamone, A (2016) ‘Britain’s New Settlement Could Remove the Goodwill from its EU Membership’, Britain’s Europe (Ideas on Europe), 17 Feb 2016, britainseurope.uk
The post Britain’s New Settlement Could Remove the Goodwill from its EU Membership appeared first on Ideas on Europe.