Europaudvalget 2015-16
Det Europæiske Råd 18-19/2-16 Bilag 3
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European Council
The President
Brussels, 2 February 2016
Dear colleagues,
Keeping the unity of the European Union is the biggest challenge for all of us and so it is the key
objective of my mandate. It is in this spirit that I put forward a proposal for a new settlement of the
United Kingdom within the EU. To my mind it goes really far in addressing all the concerns raised
by Prime Minister Cameron. The line I did not cross, however, were the principles on which the
European project is founded.
I deeply believe that our community of interests is much stronger than what divides us. To be, or
not to be together, that is the question which must be answered not only by the British people in a
referendum, but also by the other 27 members of the EU in the next two weeks.
This has been a difficult process and there are still challenging negotiations ahead. Nothing is
agreed until everything is agreed. I am convinced that the proposal is a good basis for a
compromise. It could not have been drafted without the close and good cooperation of the
European Commission. In order to facilitate this process the Commission also made political
declarations that are included in this package.
Let me briefly refer to all the four baskets of the proposal.
On
economic governance,
the draft Decision of the Heads sets out principles to ensure mutual
respect between the Member States taking part in further deepening of the Economic and
Monetary Union and those which do not. By doing that we can pave the way for the further
integration within the euro area while safeguarding the rights and competences of non-participating
Member States.
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 Det Europæiske Råd den 18.-19. februar 2016 - Bilag 3: Brev fra formanden for Det Europæiske Råd og udkast til den pakke, som skal danne grundlag for en aftale om genforhandlingen af Storbritanniens forhold til EU
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The respect for these principles is backed up by a draft Decision establishing a mechanism that
while giving necessary reassurances on the concerns of non-euro area Member States, cannot
constitute a veto nor delay urgent decisions. The exact conditions for triggering this mechanism
remain to be further discussed.
On competitiveness,
the draft Decision of the Heads, together with a more detailed European
Council Declaration and a draft Commission Declaration, will set out our commitment to increase
efforts to enhance competitiveness. We will regularly assess progress in simplifying legislation and
reducing burden on business so that red tape is cut.
On sovereignty,
the proposed Decision of the Heads recognises that in light of the United
Kingdom's special situation under the Treaties, it is not committed to further political integration. It
also reinforces respect for subsidiarity, and I propose that the Member States discontinue the
consideration of a draft legislative act where a number of national parliaments object to it on the
grounds of subsidiarity, unless the concerns raised can be accommodated. The importance of
respecting the opt-out regime of Protocols 21 and 22, as well as national security responsibilities is
also underlined.
On social benefits and free movement,
we need to fully respect the current treaties, in particular
the principles of freedom of movement and non-discrimination. Therefore the proposed solution to
address the UK concerns builds on the clarification of the interpretation of current rules, including a
draft Commission Declaration on a number of issues relating to better fighting abuse of free
movement.
The draft Decision of the Heads notes, in particular, the Commission's intention to propose
changes to EU legislation as regards the export of child benefits and the creation of a safeguard
mechanism to respond to exceptional situations of inflow of workers from other Member States. A
draft Commission Declaration also relates to this mechanism. This approach, as well as the exact
duration of the application of such a mechanism need to be further discussed at our level.
Most of the substance of this proposal takes the form of a legally binding Decision of the Heads of
State or Governments. We should also be prepared to discuss the possible incorporation of the
substance of a few elements covered by the Decision into the Treaties at the time of their next
revision.
Our Sherpas and Permanent Representatives will meet on Friday this week to have the first
discussion of the proposal. The clear objective is to have an agreement of all 28 at the February
European Council. To succeed we will all need to compromise. To fail would be compromising our
common future.
Yours faithfully,
D. TUSK
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