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Europaudvalget 2006-07
Det Europæiske Råd 14.-15/12-06 Bilag 4
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COUNCIL OF

THE EUROPEAN UNION

Brussels, 4 December 2006

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POLGEN 112

NOTE

from:

to:

Subject:

Presidency

COREPER

European Council (14 and 15 December 2006)

– Draft conclusions

The Presidency hereby submits to Coreper draft conclusions to be agreed by the European Council

at its meeting on 14-15 December 2006.

The text will continue to be updated in the light of work underway.

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The meeting of the European Council was preceded by an exposé by the President of the

European Parliament, Mr Josep Borrell, followed by an exchange of views.

Constitutional Treaty

As agreed by the European Council at its meeting in June, the Union has followed a two-track

approach. It has focussed on making best use of the possibilities offered by the existing

treaties to deliver concrete results while preparing the ground for treaty reform. The

Presidency provided the European Council with an assessment of its consultations with

Member States regarding the Constitutional Treaty. The outcome of these consultations will

be passed to the incoming German Presidency as part of its preparations of the report to be

presented during the first half of 2007.

ENLARGEMENT

Bulgaria and Romania

The European Council warmly welcomes Bulgaria and Romania as full members of the

European Union on 1 January 2007. The accession of Bulgaria and Romania will mark the

completion of the fifth enlargement.

Renewed consensus on enlargement

[PM]

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Turkey

The European Council welcomes Turkey's progress on political reforms and notes that Turkey

continues to sufficiently fulfil the Copenhagen political criteria. Turkey should however

further intensify its reform process and address the shortcomings identified in the

Commission's reports of 8 November 2006.

The first phase of accession negotiations with Turkey, the analytical examination of the

acquis, was successfully completed in October 2006. [The European Council notes the good

prospect for further steps in the negotiation process with Turkey in the near future.] The

European Council recalls that the progress in the negotiations will be measured against the

requirements set up in the negotiation framework.

[The European Council endorses the Council conclusions of 11 December 2006 on the

accession negotiations with Turkey.]

Croatia

The European Council welcomes the progress made by Croatia in the accession preparations.

Croatia should however further intensify its reform process and address the shortcomings

identified in the Commission's Reports of 8 November 2006.

The first phase of accession negotiations with Croatia, the analytical examination of the

acquis, was successfully completed in October 2006. The European Council notes the good

prospect for opening further chapters for negotiation in the near future. It emphasizes that the

progress in the negotiations will be measured against the requirements set up in the

negotiation framework.

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Western Balkans

The European Council welcomes the promotion of people-to-people contacts between the EU

and the Western Balkan countries. In this context, it welcomes the launch of visa facilitation

and readmission negotiations with all the countries with a view to concluding the negotiations

as soon as possible.

10.

The European Council welcomes progress made in the Central European Free Trade

Agreement and looks forward to a regional and inclusive trade agreement.

11.

The European Council notes that the candidate country status of the former Yugoslav

Republic of Macedonia was recognition of the country's reform achievements. The European

Council calls for accelerating the pace of reforms in key areas in order to progress towards the

goal of moving ahead in the accession process.

12.

The European Council reaffirms the EU's continued engagement with and support to Serbia.

The European Council recalls that the EU is ready to resume and conclude the negotiations

for a Stabilisation and Association Agreement as soon as full cooperation with the

International Criminal Tribunal for the Former Yugoslavia (ICTY) is achieved. In view of

Serbia's institutional capacity, the European Council is confident that Serbia will be able to

catch up with the other countries of the region on the way towards the EU once the SAA

negotiations are resumed.

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II.

AREA OF FREEDOM, SECURITY AND JUSTICE

13.

When adopting the Hague Programme in November 2004 the European Council agreed to

take stock of its implementation during the second half of 2006. In that context the European

Council discussed migration and the improvement of decision-making in the area of freedom,

security and justice.

PM: Improvements to the decision-making and action of the Union in this field.

A comprehensive European Migration Policy

14.

The European Council underlines the importance of migration issues for the EU and its

Member States. Addressing both challenges and opportunities of migration for the benefit of

all is one of the major priorities for the EU at the start of the 21

century.

15.

The European migration policy builds on the conclusions of the Tampere European Council

in 1999, the Hague Programme of 2004 and the Global Approach to Migration adopted

in 2005. It is based on the solidarity, mutual trust and shared responsibility of the European

Union and its Member States. It is also based on respect for human rights and fundamental

freedoms of migrants, the Geneva Convention and due access to asylum procedures. It

requires a genuine partnership with third countries and must be fully integrated into the

Union's external policies.

16.

Events in 2006 and the progress made in implementing the Global Approach have

demonstrated that migration needs to be addressed in a comprehensive manner and that efforts

made so far now need to be strengthened. Future work should fully take into account the

Commission’s Communications

and broaden the scope of action to other policy areas and

apply lessons learnt to other regions.

COM (2006) 735 final

COM (2006) 733 final

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17.

The European Council accordingly agrees on the following next steps to be taken during the

course of 2007:

strengthen and deepen

international cooperation and dialogue with third countries

of origin and transit, in a comprehensive and balanced manner. In particular:



the partnership between the European Union and African and Mediterranean

countries will be deepened by broadening dialogue and strengthening practical

cooperation; this partnership will build in particular on the joint commitments

made in the Ministerial conferences in Rabat and Tripoli in 2006 as well as on the

work underway in the framework of the EU/ACP dialogue on migration, on the

basis of article 13 of the Cotonou Agreement, and the Euromed process, including

the Ministerial Conference on migration in 2007. In order to promote

implementation of these commitments, joint EU missions will be sent to the key

African countries during the first half of 2007,



the migration and development agenda will be intensified by increasing coherence

between the Union's various policies, including their financial instruments, in

order to address the root causes of migration,



Member States and the Commission will integrate migration and development

issues in aid policies and programming, encourage the countries of origin and

transit to incorporate migration issues in their national development plans,

including poverty reduction strategies, and support capacity building for effective

migration management, including through establishment of country-specific

migration profiles. In this regard, the Commission's initiative for an EU

Programme on migration and development in Africa provides a way to address

this issue in the short-term. Member States are also encouraged to enhance

coordination and to develop joint programming,

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

country-specific cooperation platforms on migration and development will be

established to bring together the partner country concerned, EU Member States

and the Commission as well as relevant international organisations to manage

migration in a more coherent manner,



a coherent EU follow-up to the September 2006 UN High Level Dialogue will be

ensured; the EU will take a lead in placing migration and development issues on

the agenda of the international community. The first meeting of the Global Forum

in July 2007 in Belgium will be a vital step in this respect,



measures will be taken to improve cooperation on return and readmission with

third countries, including effective identification and documentation; special

emphasis will be giving to the reintegration of returned migrants. Negotiations on

readmission agreements need to be stepped up; to this end the Council should

explore further ways and means by which Member States could support the

Commission in its efforts to conclude such agreements at EC level and to ensure

their effective implementation,



stepping up concrete work along migratory routes in partnership with third

countries in particular with a view to preventing and combating trafficking and

smuggling of human beings, while ensuring effective international protection for

persons who may need it as well as for vulnerable groups such as women and

unaccompanied minors,



the promotion of legal migration opportunities will be better incorporated into the

Union's external policies in order to develop a balanced partnership with third

countries adapted to specific EU Member States’ labour market needs: ways to

facilitate circular and temporary migration will be promoted. The Commission is

invited to present detailed proposals on how to better organise and inform about

the various forms of legal movement between the EU and third countries by

June 2007,

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

the Global Approach will be applied to the neighbouring eastern and south eastern

regions of the European Union . The Commission is invited to make proposals on

enhanced dialogue and concrete measures by June 2007;

strengthen

cooperation among Member States in the fight against illegal

immigration,

taking account of the Commission communication on policy priorities in

this regard. In particular:



measures against illegal employment will be intensified at Member State and EU

level; the European Council invites the Commission to present proposals by

April 2007 in this regard,



existing and new technological possibilities will be fully utilised to enhance

border control and to allow persons to be identified reliably,



the Commission is invited to report before the end of 2007 on how to improve

access control, including on the feasibility of establishing a generalised and

automated entry-exit system for this purpose,



the Commission is invited to study the possibilities, on the basis of the initiative

made to this end, of developing policies of extended European solidarity in

immigration, border control and asylum policies;

improve

the management of the European Union's external border

on the basis of

the integrated border management adopted by the Council in 2006. In particular:



the capacity of Frontex will be rapidly enhanced in order for it to be able to meet

the migration challenges at the EU’s external borders, by ensuring adequate

economic and personnel resources and their effective use, establishing procedures

for emergency situations, strengthening operational means, reinforcing links with

the Immigration Liaison Officer Network and completing the planned review of

the Agency and its tasks in 2007,

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

Frontex is invited urgently to finalise its ongoing work on creation of a centralized

record of technical equipment offered by Member States which could be put at the

disposal of another Member State; and to report on the progress made to the

Council by the end of April 2007. The Member States are invited to actively to

contribute to this process with national means and resources,



priority will also be given to establishing as soon as possible by Frontex, together

with the Member States of the region, a permanent MEDSEA Coastal Patrol

Network and to examining the creation of a European Surveillance System for the

southern maritime borders,



the efficiency of cooperation on search and rescue and the legal scope for action

to be taken to counter illegal migration by sea will be ensured,



the Council and the European Parliament are invited to reach rapid agreement on

the Regulation on the establishment of Rapid Border Intervention Teams in the

first semester of 2007 and to study this model in other border-related functions,

such as humanitarian assistance;

develop and promote, as far as

legal migration

is concerned:



a well-managed migration policy to assist Member States to meet existing and

future labour needs while contributing to the sustainable development of all

countries; in particular, progress should be made on the forthcoming Commission

proposals within the framework of the Policy Plan on Legal Migration of

December 2005,



integration and intercultural dialogue and the fight against all forms of

discrimination at Member State and EU level, strengthen integration policies and

agree on common goals and strategies; the Ministerial conference on integration

to be held in May 2007 will be of particular importance in that respect;

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realise the

Common European Asylum System

by the end of 2010, on the basis of a

comprehensive evaluation of its first phase in 2007. The development of its second

phase will be accompanied by a strengthening of practical cooperation in the area of

asylum, in particular through the creation of asylum expert teams and the setting up of

an asylum cooperation network; the possible creation of a European Support Office will

also be examined;

make

adequate resources

available for implementing the comprehensive migration

policy by full use of the substantial funds which are available if all the existing budget

lines are brought fully into play and all possibilities available used consistently and

coherently. In that respect the External borders, Integration, Return and Refugee Funds

will bring important resources to underpin the comprehensive migration policy, as will

the ENPI and the Development Cooperation Instrument (DCI). The EDF will also, in

agreement with ACP partners, help address root causes of migration through long-term

development policies.

18.

The Commission is invited to report back on the implementation of the comprehensive

migration policy in good time before the December 2007 European Council.

PM Schengen / JHA Council

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III. INNOVATION, ENERGY AND CLIMATE CHANGE

Innovation

19.

As discussed at the informal meeting of Heads of State or Government in Lahti, innovation is

crucial to Europe's ability to respond effectively to the challenges and opportunities of

globalisation. Europe needs a strategic approach aimed at creating an innovation-friendly

environment where knowledge is converted into innovative products and services. Strategic

priorities for stimulating innovation at EU level have been defined by the Competitiveness

Council; progress made in delivering results will be monitored at future Spring European

Council meetings within the framework of the Lisbon Strategy.

20.

The European Council emphasises in particular the following:



PM: Intellectual Property Rights;

the Council and the European Parliament should act rapidly on the Commission's

proposal to set up a European Institute of Technology;



the Commission is invited to rapidly make proposals for the setting up of Joint

Technology Initiatives with a view to launching the most advanced ones in 2007;



the Commission is invited, in consultation with all relevant stakeholders, to propose

action for the improvement of the working methods and overall resources of European

standardisation bodies. Standards must be developed quickly enough to meet the needs

of fast-moving markets, whilst ensuring interoperability.

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21.

Information and communication technologies are crucial for innovation and competitiveness;

immediate priorities include the development of efficient spectrum allocation models, the fast

promotion of advanced mobile services and to the extent possible a coordinated approach for

the use of spectrum capacity becoming available as a result of digital switch-over. The 2008

Spring European Council will review the challenges of the next generation of internet and

networks within the framework of the Lisbon Strategy.

22.

In view of the extraordinary Social Summit held in October, the European Council calls for a

comprehensive approach to flexicurity in order to improve the functioning of the European

labour market. It stresses the importance of the quality of working life and innovations to

raise labour productivity in Europe. It welcomes the intention of the European social partners

to contribute to the ongoing work on flexicurity before the Spring 2007 European Council.

23.

In this context, the European Council urges the Council to continue its efforts to revise the

Working Time Directive.

Energy

24.

With regard to the development of the Energy Policy for Europe, significant progress has

been achieved especially on strengthening the coherence between its external and internal

aspects and between energy policy and other policies. The informal meeting of Heads of State

or Government in Lahti was an important step towards strengthening the consistency of the

Union's energy messages to third countries.

25.

The Union will work to ensure long-term security of energy supply through:



improved cooperation with major producer, transit and consumer countries,

the realisation of an inter-connected, transparent and non-discriminatory internal energy

market,

the extension of its internal energy market principles to neighbouring countries, in

particular on the basis of the Energy Community of South Eastern Europe and the

European Neighbourhood Policy.

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26.

Energy efficiency and energy savings contribute concurrently to the main objectives of the

European energy policy. The European Council therefore welcomes the Commission's Action

Plan on energy efficiency and calls for priority measures to be taken rapidly.

27.

The European Council endorses the setting up of a network of energy security correspondents

early 2007. This will be an important tool for collecting and processing existing geopolitical

and energy related information. It will also provide an early warning tool to support the

Union's overall strategy with the aim of ensuring the security of energy supply.

28.

The Spring 2007 European Council is due to adopt a prioritised Action Plan as part of an

overall Energy Policy for Europe. The external aspects of energy security will be included

within the Action Plan. The European Council looks forward to the imminent presentation by

the Commission of its Strategic Energy Review as part of the preparations for the adoption of

that Plan. European energy policy will be discussed by the European Council on a regular

basis in the future.

29.

Given the urgent need for energy investments in the coming years, the upcoming Spring

European Council will discuss an integrated approach for a secure, environmentally friendly

and competitive energy policy. This would demonstrate the European Union’s leadership in

integrating climate change objectives into other sectoral policies and measures.

Climate change

30.

The challenge of climate change is assuming ever greater importance as its long-term

consequences become clearer and new information from recent studies shows that the costs of

inaction will significantly outweigh the costs of action. The European Council recognises that

there is a strong link between the EU's climate policy and EU's internal and external energy

policy as well as its jobs and growth strategy and that these EU policies can be mutually

reinforcing.

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31.

In this context, the European Council welcomes the outcome of the UN climate sessions held

in Nairobi which includes important steps towards developing a broadly-based post-2012

agreement and addressing a number of immediate concerns on mitigation and adaptation

requirements. It also notes with satisfaction the progress made in innovative financing

initiatives to support a widespread shift to new and improved technology.

32.

Bearing in mind the crucial role of a global carbon market and the need to provide long-term

certainty, the European Council looks forward to the forthcoming revision of the Emissions

Trading Directive, which should take effect at the start of the third trading period beginning

in 2013.

33.

Recognising that climate change is a global problem that requires global solutions and

encouraged by the EU's recent meetings with third countries, the European Council will

consider at its Spring 2007 meeting options for a global post-2012 agreement consistent with

the EU's objective of a maximum global temperature increase of 2ºC above pre-industrial

levels.

IV. EXTERNAL RELATIONS

34.

The European Council welcomes the Progress Report on the implementation of the EU

Strategy

"The EU and Africa: Towards a Strategic Partnership"

and calls for the

implementation of the priority actions for 2007 identified in the report. The Progress Report

outlines the way forward for strengthening the EU partnership with Africa in consolidating

peace, democracy and governance and supporting broad-based sustainable development on

the continent.

The European Council reaffirms the importance of working towards a Joint EU-Africa

Strategy to be adopted at the second EU-Africa Summit in the second half of 2007 in Lisbon.

Kosovo

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European Neighbourhood Policy

Improving the efficiency, coherence and visibility of the Union's external policies

[Middle

East

- a separate declaration to be prepared]

[Africa - a separate declaration to be prepared]

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