Negotiations

The negotiation process of the Republic of Macedonia for EU membership will signify completion of the approximation process to the Union, adoption of its benefits and values as well as complete adaptation of Macedonian institutions towards functioning to that of the Union institutions. The negotiations as comprehensive dynamic undertaking require full preparation of the state authorities and institutions as well as of the structures established for coordination and conducting negotiations prior to the commencement of the negotiations themselves.

To apply for membership a candidate country should fully accept the Acquis; however, for certain legal acts it may negotiate for a transitional period. It entails that the Republic of Macedonia will be oblige to fully accept the Acquis with accession date, having transitional periods for certain acts – to be agreed in the course of the negotiations.

Pursuant to decision of the Council of the European Union, the Intergovernmental Conference (IGC – 10C) is established for each candidate country, defining the organisational details: location of meetings, establishment of Secretariat, coverage of meeting costs as well as frequency and level of meetings. The Member State chairing the EU Presidency is at the same time an IGC chairman, while EC is a mediator in the process.

IGC meets on the level of delegation presidents. Usually a candidate country is represented by a member of the Government of the Republic of Macedonia appointed for that purpose, and at least twice a year one intergovernmental conference is held. Crucial negotiations are held on the level of deputy presidents of a delegation. The European Union, on this level, is represented by the permanent representatives Member States in the EC, while the candidate country is represented by the main negotiator and/or other officials of the stated.

The most extensive and the most complex part of the work – harmonisation, i.e. preparation of negotiation positions is accomplished on the level of working groups – the Working group of the EU Council on enlargement and the Working groups for preparing negotiations on individual chapters of the candidate country.

Negotiations are carried out in several phases.

• Screening - Analytical examination of the EU’s Acquis harmonisation
• Opening and negotiating process by individual chapters
• Opening ad negotiation through chapters

Screening is a formal and technical operation performed by the European Commission intended for preparation of the membership negotiations and represents an analytical presentation of the situation in the candidate country relating to the Acquis Chapters. As a process, it is aimed at, on the one hand – acquainting the candidate countries with the Acquis, thus preparing them for negotiations. On the other hand, it is aimed at enabling the Commission and the Member States to evaluate the degree of preparedness of the candidate countries, being informed on their further plans and gaining preliminary indications on the issues to be most actual in the negotiations.

The duration of the Screening is approximately one year and it is carried out on the basis of timescale defined by the Commission (Directorate - General for Enlargement in consultation with the competent Directorates). The Screening is implemented by Chapters, except for Chapters 34 “Institutions” and 35 “Other Issues” subject to negotiations in the last phase of the accession process. First explanatory meetings are held in which the Commission representatives present Acquis in details and then bilateral meetings with each country are held. The Commission afterwards drafts Screening Report and presents it to the Council. After scanning the given Chapter, the Council decides on the negotiation commencement, upon recommendation by the Commission.

The screening report includes four parts:

• explanation of the Acquis in the Chapter
• screening results – information given by the candidate country and Commission assessment
• conclusions and recommendations by the Commission.
• and in the final part the Commission recommends to the Council whether negotiations on the Chapter will be opened, and if otherwise – which benchmarks are to be set up.

Following the screening performance, the intergovernmental conference, on a proposal of the European Commission, decides which chapters will be opened first and for which of them the appropriate benchmarks will be set up.

The Methodology of establishing benchmarks prior to the opening of negotiations was first established in the negotiations with Croatia and Turkey, as an aspect of strengthening the EU conditional policy. According to the Union Enlargement Strategy (2006), the benchmarks are “a new tool introduced as a result of lessons learnt from the fifth enlargement. Their purpose is to further improve the quality of the negotiations, by providing incentives for the candidate countries to undertake necessary reforms at an early stage. Benchmarks are measurable and related to key elements of certain Acquis chapter.

Benchmark for closing Chapter refers to legislative measures, administrative and judicial authorities as well as to acquis implementation data. The benchmarks for the Chapters covering the areas of economy refer to the functional market economy criterion. Provided that the candidate country discontinues meeting the benchmark for opening Chapter relating to already negotiating Chapter, the Commission may propose suspension of that Chapter negotiation. In as the case the candidate country discontinues meeting the benchmarks for an already preliminary closed Chapter, the Commission may propose reopening of that Chapter negotiations. Updating of benchmarks is possible in order to incorporate new acquis elements.

Following the decision on opening negotiation Chapter, the country prepares negotiation position on appropriate Chapter and submitted it to Brussels.

The Commission analyses the negotiation position and prepares draft negotiation position communicating it to the Member States in Brussels. Subsequently the Member States decide on EU common position, and deliver it to the candidate country; thus negotiations may commence.

Such establishment and methodology of negotiation indicate that the candidate country in fact negotiates with all Member States, whereas the European Commission acts as mediator representing the candidate country within the meaning of acquis and loyalty of the EU institutions.

Negotiation positions are official documents recorded and kept in the IGC Secretariat. They indicate the approximation of the national with the EU legislation in given Chapter at the time of the negotiations opening and these positions contain the obligation for full harmonisation up to the accession date. In the case where full approximation in a given Chapter is not possible to the accession date, transitional periods or derogations are required. Transitional periods actually mean permission given to the candidate country to apply specific EU act in its territory for a certain number of years following its accession. They are usually granted in particular sectors, for a limited number and defined period of time. Approval is not usual, for example, for the Internal Market.

Derogations represent permanent or temporary approval given by the EU to a Member State or candidate country not to apply certain Community act or to apply it partially. Permanent derogations are in limited number in the history of the European Union and they do not apply at all, therefore this option is practically closed for further enlargements. Temporary derogations are possible, but in practice this possibility is limited. Interim derogations in their outcome are identical to the transitional periods.

The negotiations for the given Chapter terminate temporarily by drafting Member States final common position. The agreements reached on given Chapters may not be regarded as final unless overall agreement is achieved on all Chapters i.e. the principle ‘Nothing is closed unless all is closed’ is valid. It is also possible to open already closed Chapters.

There is a possibility for the Commission to recommend (on its initiative or at the request of 1/3 of the Member States) suspension of the negotiations provided that the established obligations in the negotiation process are not fulfilled (for the Republic of Macedonia that is the European Partnership and the SAA).

Upon closing the negotiations the Accession Agreement is signed, which is subject to the consent by the European Parliament and then it is submitted to the Member States and to the candidate country for ratification, according to their constitutional provisions.