EU Enlargement
The Road for the Accession to the EU
Accession of new member states to the European Union (EU) is governed by Article 49 of the Treaty on European Union. A state that wishes to apply for membership of the Union must satisfy two conditions:
- It must be a European state;
- It must respect the common values of the Member States and undertake to promote them. These are human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities (Article 2 of the Treaty on European Union).
The application is submitted to the Council, while the European Parliament and national Parliaments are notified.
Accession is not automatic, since it depends on the adequate preparation of the applicant country concerned and on the EU’s capacity to integrate the new member. There is thus a pre-accession period of varying length, during which the candidate country adapts its institutions, standards and infrastructure to enable it to meet its obligations as a member state.
The first step is for the country to meet the key criteria for accession. These were mainly defined at the European Council in Copenhagen in 1993 and are hence referred to as ‘Copenhagen criteria’. The EU also needs to be able to integrate new members, and the countries wishing to join need to have:
- stable institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities;
- a functioning market economy and the capacity to cope with competition and market forces in the EU;
- the ability to take on and implement effectively the obligations of membership, including adherence to the aims of political, economic and monetary union.
In the case of the Western Balkans countries, additional conditions for membership were set out in the so-called ‘Stabilisation and Association process’, mostly relating to regional cooperation and good neighbourly relations.
Enhancing the Accession Process – A Credible EU Perspective for the Western Balkans
A firm, merit-based prospect of full EU membership for the Western Balkans is in the Union’s very own political, security and economic interest. In times of increasing global challenges and divisions, it remains more than ever a geostrategic investment in a stable, strong and united Europe. A credible accession perspective is the key incentive and driver of transformation in the region and thus enhances our collective security and prosperity. It is a key tool to promote democracy, rule of law and the respect for fundamental rights, which are also the main engines of economic integration and the essential anchor for fostering regional reconciliation and stability.
Maintaining and enhancing this policy is thus indispensable for the EU’s credibility, for the EU’ success and for the EU’s influence in the region and beyond – especially at times of heightened geopolitical competition. However, it is also clear that the effectiveness of the overall accession process and of its implementation must be improved further. While the strategic direction of the policy remains more valid than ever, it must get much better traction on the ground.
It is of major importance to build more trust among all stakeholders and to enhance the accession process and make it more effective. It has to become more predictable, more credible – based on objective criteria and rigorous positive and negative conditionality, and reversibility – more dynamic and subject to stronger political steering. Predictability and conditionality will also be enhanced through greater transparency.
A table setting out the clusters of chapters is attached to the Methodology. Chapter 34 “Institutions” and Chapter 35 “Other issues” will be handled separately.
separately.
Membership Negotiations
Membership negotiations[1] cannot start until all EU governments agree, in the form of a unanimous decision by the EU Council, on a framework or mandate for negotiations with the candidate country. Negotiations take place between ministers and ambassadors of the EU governments and the candidate country in what is called an intergovernmental conference.
Negotiations under each chapter are based on the following elements:
- Screening – the Commission carries out a detailed examination, together with the candidate country, of each policy field (cluster, chapter), to determine how well the country is prepared. The findings by cluster/chapter are presented by the Commission to the Member States in the form of a screening report. The conclusion of this report is a recommendation of the Commission to either open negotiations directly or to require that certain conditions – opening benchmarks – should first be met.
- Negotiating positions – before negotiations can start, the candidate country must submit its position and the EU must adopt a common position. For most chapters the EU will set closing benchmarks in this position which need to be met by the Candidate Country before negotiations in the policy field concerned can be closed. For chapter 23 and 24 (Rule of Law), the Commission is proposing that in the future these chapters would be opened on the basis of action plans, with interim benchmarks to be met based on their implementation before closing benchmarks are set.
The pace of the negotiations then depends on the speed of reform and alignment with EU laws in each country. The duration of negotiations can vary – starting at the same time as another country is no guarantee of finishing at the same time.
[1] https://enlargement.ec.europa.eu/enlargement-policy/steps-towards-joining_en
What is Negotiated?
The conditions and timing of the candidate’s adoption, implementation and enforcement of all current EU rules (the “acquis”). The acquis[1] (Eurlex) is the body of common rights and obligations that is binding on all the EU member states. It is constantly evolving and comprises:
- the content, principles and political objectives of the Treaties;
- legislation adopted pursuant to the Treaties and the case law of the Court of Justice;
- declarations and resolutions adopted by the Union;
- instruments under the Common Foreign and Security Policy;
- international agreements concluded by the Union and those entered into by the member states among themselves within the sphere of the Union’s activities.
Candidate countries* have to accept the acquis before they can join the EU and make EU law part of their own national legislation. Adoption and implementation of the acquis are the basis of the accession negotiations[2].
These rules (the Acquis) are divided into different policy fields[3], such as transport, energy, environment, etc., each of which is negotiated separately.
Other issues discussed:
- financial arrangements – such as how much the new member is likely to pay into and receive from the EU budget (in the form of transfers)
- transitional arrangements – sometimes certain rules are phased in gradually, to give the new member or existing members time to adapt.
[1] https://eur-lex.europa.eu/summary/chapter/16.html
[2] https://enlargement.ec.europa.eu/eu-accession-process-step-step-0_en
[3] https://enlargement.ec.europa.eu/enlargement-policy/conditions-membership/chapters-acquis_en
Oversight by the EU Institutions
Throughout the negotiations, the Commission monitors the candidate’s progress in applying EU legislation and meeting its other commitments, including any benchmark requirements. This gives the candidate additional guidance as it assumes the responsibilities of membership, as well as an assurance to current members that the candidate is meeting the conditions for joining.
The Commission also keeps the EU Council and European Parliament informed throughout the process, through regular reports, Communications, and clarifications on conditions for further progress.
The Council (under the General Affairs Council configuration) supervises the EU enlargement process and the accession negotiations, which are intergovernmental by nature. On matters related to the enlargement policy, the Council generally operates by way of unanimous agreement between all the EU member states.
Every year, the Council adopts conclusions on enlargement that take stock of progress made in each of the EU candidates and partners on their path to EU membership. The latest conclusions on enlargement were adopted on 17 December 2024. In the conclusions, the Council reaffirmed its commitment to enlargement in line with the renewed consensus on enlargement approved by the European Council in December 2006, subsequent Council and European Council conclusions, and the EU strategic agenda 2024-2029.