How does it work?
Negotiations are conducted according to a “Negotiating Framework” that sets out the method and the guiding principles of the negotiations in line with the December 2004 European Council conclusions.
Screening
The first part of the process is the “screening” of each of the 35 chapters of the negotiations. Screening is a preliminary assessment of the degree of preparedness of the Candidate Country on each of the negotiating chapters. Each chapter contains a specific part of EU policy (known as the “acquis”, which in French means something which is agreed), for example “science and research” or “energy” or the “environment”.
Two formal meetings are held for each acquis chapter in the screening phase. An initial explanatory meeting is held with the candidate country during which the Commission sets out the main objectives and requirements of EU policy in that field. In the second meeting the candidate country explains its degree of preparedness vis a vis EU policy and outlines its plans for alignment.
Following these meetings, the Commission prepares a “
screening report” for the chapter, which may recommend either that the candidate country, is sufficiently prepared to open negotiations on the chapter or that the candidate country cannot be considered sufficiently prepared. In the latter case, the Commission will propose a set of “opening benchmarks”, which are concrete requirements that the candidate needs to achieve in order for the chapter to be opened.
Opening and Closing Chapters
The Member States, meeting in the Council, assess and examine the findings in the screening report of the Commission. Based on
unanimity, the Council may decide to accept the recommendation of the Commission. If the Council decides to open the chapter for negotiation, it will invite the candidate country to present its Negotiating Position (NP). Once this has been received, the Commission prepares a Draft Common Position (DCP). The Council assesses and examines the DCP and on the basis of unanimity may adopt the definitive European Union Common Position (EUCP). With the NP and the EUCP completed, the Council and the Candidate Country at the Accession Conference can formally open the chapter for negotiation.
The EUCP may include “closing benchmarks” which are concrete requirements that the Candidate Country needs to fulfil before a chapter can be provisionally closed. There may be outstanding issues that need further discussion and the candidate country and the 27 Member States may exchange several rounds of position papers until all issues are clarified. The acquis is not negotiable and the principle of the accession process is that the Candidate Country is expected to align fully with all of the acquis. Nonetheless, transitional arrangements may be envisaged in particular where considerable adaptations and financial outlays are necessary, taking into account the interests of the Union and of Turkey. In areas such as free movement of persons, structural policies or agriculture the Commission will include, as appropriate, long transition periods, derogations specific arrangements or permanent safeguard clauses.
The chapters are provisionally closed as agreement is reached on each – but nothing is agreed until everything is agreed. As the acquis is constantly evolving chapters can be reopened later should it be necessary.
Throughout this process, the Commission monitors progress of the candidate country’s preparations for membership. The results of the monitoring exercise are published in a yearly ‘Regular Report’. The speed of the accession negotiations is determined by the progress on implementation of the reforms in the candidate country, in line with the Copenhagen Criteria for membership.
How negotiations proceed
Becoming an EU member
Once agreement has been reached on all chapters of the acquis, a process that takes some years, the results are incorporated into an “Accession Treaty”.
Prior to signing the Accession Treaty, the Commission delivers its final opinion on the Candidate Country’s membership application. Additionally, the European Parliament needs to give its consent and, finally, the European Council must reach a unanimous decision on acceptance of the application.
To enter into force, the Accession Treaty needs to be ratified by the national parliaments of the EU Member States and the parliament of the acceding country. In some cases, this may require a national referendum to be held. The acceding country becomes a member of the EU once the Accession Treaty has entered into force.
Last update: 4.7.2010