EUROPEAN COUNCIL IN EDINBURGH 11-12 DECEMBER, 1992
CONCLUSIONS OF THE PRESIDENCY
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conclusions of the Presidency - Edinburgh, December 12, 1992
PART A
EN SN 456/1/92 REV 1 pg0 - 2 - December 12, 1992 Conclusions of the Presidency - Edinburgh,
Introduction
on 11-12 December 1992 to 1. The European Council met in Edinburgh Community's agenda. The meeting discuss the central problems on the between the members of the was preceded by an exchange of views of the European Parliament on the European Council and the President various issues on the agenda.
to a very wide range of 2. The European council agreed on solutions in Europe. This paves the way issues which are essential to progress in European construction for a return to confidence by its citizens of the European economy. which will contribute to the recovery
agreement on the following In particular the European Council reached major issues:
light of the outcome of,the The problems raised by Denmark in the on the Maastricht Treaty, Danish referendum on 2nd June 1992
principle and measures to Guidelines to implement the subsidiarity in the decision making process increase transparency and openness of the Community,
policies during the rest of The financing of Community action and this decade,
with a number of EFTA The launching of enlargement negotiation countries,
by the Member States and the The establishment of a plan of action ; combat unemployment. Community to promote growth and to
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Conclusions of the Presidency - Edinburgh, December 12, 1992
Treaty on European Union - state of the ratification process
3. The members of the European Council reaffirmed their commitment to the Treaty on European Union. Ratification is necessary to make progress towards European Union and for the Community to remain an anchor of stability in a rapidly changing continent, building on its success over the last four decades.
4. Having reviewed the state of the ratification process the European council agreed to the texts set out in Part B of these Conclusions concerning the issues raised by Denmark in its memorandum "Denmark in Europe" of 30 October 1992. This will create the basis for the Community to develop together, on the basis of the Maastricht Treaty, while respecting, as the Treaty does, the identity and diversity of Member States.
Subsidiarity
5. On the basis of a report from Foreign Ministers the European council agreed the overall approach, set out in Annex 1, to the application of the subsidiarity principle and the new Article 3b • The European Council invited the Council to seek an inter-institutional agreement between the European Parliament, the Council and the Commission on the effective application of Article 3b by all institutions. The European Council discussed this aspect with the President of the European Parliament. It welcomed the ideas in the draft of an Inter-Institutional Agreement presented by the European Parliament.
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report from the President of the 6. The European Council received a Commission's review of existing Commission on the first fruits of the of the subsidiarity principle. and proposed legislation in the light The European council noted the These examples are set out in Annex 2. or amend certain proposals and to Commission's intention to withdraw items of existing legislation. It make proposals for the amendment of on the review of existing looks forward to the final report will prepare for the European legislation, which the Commission Council in December 1993.
Openness and transparency
its commitment at Birmingham to a 7. The European Council reaffirmed specific measures set out in more open Community and adopted the Annex 3.
to the work of the Council ~ill The conclusion with regard to access be reviewed at the end of 1994.
the Commission has recently The European Council welcomed the measures These include producing decided to take in the field of transparency. to allow for wider debate, the annual work programme in October, seeking closer consultation with including in national parliaments; programme; wider consultation the Council on the annual legislative the use of green papers; making before making proposals, including languages; and attaching Commission documents public in all Community codification of legal texts. higher priority to consolidation and
invitation at Birmingham for the The European Council reconfirmed its year its work resulting from the Commission to complete by early next on improving access to the declaration' in the Maastricht Treaty Community Institutions. information available to it and to other
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Conclusions of the Presidency - Edinburgh, December 12, 1992
Accession of new Member States to the Union
8. The European Council in Lisbon agreed that official negotiations be opened with EFTA countries seeking membership of the Union will and the immediately after the Treaty on European Union is ratified agreement has been achieved on the Delors II package.
for Given the agreement reached on future financing and the prospects all Member early ratification of the Treaty on European Union by will States, the European Council agreed that enlargement negotiations These start with Austria, Sweden and Finland at the beginning of 1993. of negotiations will be based on the general negotiation framework They will which the General Affairs Council took note on 7 December. Treaty on be transformed into negotiations under Article 0 of the concluded European Union once it enters into force, and can only be all Member once the Treaty on European Union has been ratified by acceptance states. The conditions of admission will be based on the . subject to in full of the Treaty on European Union and the "acquis", The possible transitional measures to be agreed in the negotiations. ' on European Council invited the Council of Ministers to take decisions as soon as the opening of negotiations on the same basis with Norway the commission's opinion on its application is available. Negotiations will to the extent possible be conducted in parallel.
the Swiss It invited the Commission, in preparing its Opinion on authorities application, to take into account the views of the Swiss It welcomes following the 6 December referendum on the EEA agreement. the next the contacts now underway with the EFTA countries to identify steps in proceeding with the agreement.
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of negotiations in 9. The European Council welcomed the resumption its commitment at Geneva on the GATT Uruguay Round. It reaffirmed agreement and Birmingham to an early, comprehensive and balanced accordingly. It called on all the parties to complete the negotiations noted that the final package must be judged as a whole.
Promoting Economic Recovery in Europe
the President of the 10. The European council heard a report from the prospects( commission about the economic situation. It discussed to carry forward for growth and the rise in unemployment. It agreed in Annex 4. the action and initiatives set out in the declaration
Internal Market
that the 11. The European Council noted with particular satisfaction will in all White Paper programme for creating the Internal Market 1992. This essential respects be successfully completed by 31 December fulfilment of one is a historic moment for the community, marking the The large Single of the fundamental objectives of the Treaty of Rome. consumers more Market is an irreversible achievement. It will offer and will sharpen choice and lower prices; it will help job creation The Communit::r' the international competitiveness of business in Europe. will remain open to world trade and investment.
1985 over 500 internal 12. The European Council noted that since all those in the market measures have been agreed, including nearly role played by the original White Paper. It paid tribute to the vital the constructive Commission' in initiating this programme and to Parliament. The cooperation on it between the Council and the European European Act have decision-making procedures introduced by the Single programme. proved indispensable for the timely completion of the
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Conclusions of the Presidency - Edinburgh, December 12, 1992
a wide canvas, 13. Work on the single Market programme has covered and financial opening up public purchasing, liberalising transport standards, services, improving Community-wide acceptance of product people to work removing non-tariff barriers, and making it easier for throughout the Community.
reached on 14. The European Council welcomed the agreements recently goods and indirect tax measures, investment services and cultural by all Member airport slot allocation, as well as the commitment by 1 January States to abol1sh systematic frontier controls on goods Act. The European 1993, respecting Article 28 of the Single European a dynamic council recognized that the internal market will remain keep pace with process, and that it must be adapted and improved to changing circumstances.
and timely 15. The European Council considered that accurate is essential to transposition of Community measures by Member States secure the full benefits of the internal market.
Council stressed 16. Recalling its Lisbon conclusions, the European the benefit of the need to ensure that the internal market works to welcomed all the Community's citizens and enterprises. It therefore Council and the Resolutions adopted at the 10 November Internal Market and practical 24 November Industry Council identifying the priorities fairly and steps necessary to ensure that the internal market works small and effectively and without undue burdens on business, notably recent medium-sized enterprises. It also welcomed the Commission's level group response to the important recommendations of the high continue urgent under Mr Peter Sutherland. It invited the Council to work on these issues.
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Free Movement of Persons tha.t free had to take note of the fact 17. The European Council has in accordance with Article of persons within the Community, movement January be completely assured on 1st Sa of the Treaty of Rome, cannot 1993. dangers this result without creating 18. The work necessary to achieve the fight against illegal for public security and compromising is still under way. Further aithough having progressed, immigration, process to complete the ratification progress is needed in particular conclude the External Frontiers Dublin Asylum Convention, to of the on the negotiations on a Convention Convention and to complete European Information System. occur benefitting travellers will 19. However, noticeable changes during the course of next year: ,this Schengen will put into effect thus, the Member States of preconditions for its during 1993, as soon as the agreement the In this group of states, implementation are fulfilled. effective from that date at internal abolition of controls will be land, maritime and air frontiers;
their intention to take variom1 Member states have made known other Member at borders on nationals of measures to lighten controls States of the Community. of to the full and rapid implementation 20. Reaffirming its commitment has invited the competent Ministers Article Sa, the European Council ; come back to this issue at their work and has decided to to accelerate from council on the basis of a report the next meeting of the European the Ministers.
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Justice and Home Affairs
Group on 21. The European Council noted the work of the co-ordinators' pillar of the the implementation of the justice and home affairs to ensure that Treaty on European Union. It requested the Group of communication detailed plans are taken forward for the development systems and other preparations.
made by the Ministers 22. The European Council welcomed the progress work programme on with responsib·ility for Immigration under the in principle immigration and asylum, and in particular the agreement Unfounded Asylum at their London meeting on Resolutions on Manifestly Applications, and on Host Third Countries.
report of CELAD on 23. The European council noted with approval the of drugs issues and its past work, and its report on the co-ordination its future role.
Trevi Ministers and 24. The European council noted the Report of the Europol Drugs uhit. looked forward to the early establishment of the
Migration
of episodes of 25. Deeply concerned by the intensification European Council has intolerance, which it has strongly condemned, the and xenophobia in underlined that there must be no room for racism to oppose such today's Europe, and has reiterated its determination attitudes with renewed vigour.
of protecting all The European Council stressed the importance : fully their policies immigrants from racist attacks and implementing its deep concern at for integrating legal immigrants. It expressed It deplored the fact acts of aggression against foreign immigrants. Europe are ceasing to that, precisely at a time when the divisions in of our continent is exist, the general trend towards the greater unity and effective marred by such acts. It is convinced that vigorous
EN SN 456/1/92 REV 1 pg0 - 10 - - Edinburgh, December 12, 1992 Conclusions of the Presidency Europe, to combat this phenomenon, measures must be taken, throughout both through education and legislation.
declaration in Annex 5. The European Council agreed the
Size of the European Parliament of the - on the basis of the proposal 26. The European Council agreed numbers of members of the Parliament - on the following European and in to reflect German unification European Parliament, from 1994, the perspective of enlargement:
25 Belgium 16 Denmark 99 Germany 25 Greece Spain 64 France 87 Ireland 15 Italy 87 6 Luxembourg Netherlands 31 Portugal 25 87 United Kingdom
TOTAL 567
course. be prepared for adoption in due The necessary legal texts will
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Seats of the Institutions
States reached 27. On the occasion of the European Council Member the council, the agreement on the seats of the European Parliament, Instance, the Commission, the Court of Justice and the Court of First and the European Economic and Social Committee, the Court of Auditors, Annex 6. Investment Bank. The formal decision is set out in
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- 12 - 12, 1992 conclusions of the Presidency - Edinburgh, December
ANNEX 1 to PART A
OVERALL APPROACH TO THE APPLICATION BY THE COUNCIL OF THE SUBSIDIARITY PRINCIPLE AND ARTICLE 3b OF THE TREATY ON EUROPEAN UNION
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I. BASIC PRINCIPLES as is made clear in rests on the principle of subsidiarity, European Union principle the Treaty on European Union. This Articles A and B of title I of identities of Member States and to the respect for the national contributes Union being at decisions within the European safeguards their powers. It aims the citizen. taken as closely as possible to
" covers three main elements: l. Article 3b of the EC Treaty
(first paragraph); a strict limit on Community action the answer the question "Should a rule (second paragraph) to areas which do not fall with.im the Community act ?". This applies to Community's exclusive competence;
the question: "What should be the a rule (third paragraph) to answer 1 s action'?~~.. This applies or nature of the Community intensity exclusive is within the Community's whether or not the action competence.
on European in the EC Treaty by the Treaty (1) Article 3b, as introduced Union, reads as follows: upon it limits of the powers conferred 11 shall act within the The Community assigned to it therein. by this Treaty and of the objectives exclusive competence, the Community which Qo not fall within its only In areas with the principle of subsidiarity, shall take action, in accordance cannot be objectives of the proposed action if and in so far as the can therefore, by reason of achieved by the Member States and sufficiently action, be better achieved by the the scale or effects of the proposed Community. what is necessary to by the Community shall not go beyond Any action Treaty." achieve the objectives of this
pglll EN SN 456/1/92 REV 1 - 14 12, 1992 conclusions of the Presidency - Edinburgh, December concepts which have 2. The three paragraphs cover three distinct legal or in the case-law historical antecedents in existing Community Treaties of the Court of Justice:
where given the i) The principle that the Community can only act rule and power to do so - implying that national powers are the been a basic the Community's the exception - has always of feature of the Community legal order (The principle attribution of powers).
take action where ii) The principle that the Community should only of the an objective can better be attained at the level States is Community than at the level of the individual Member of the present in embryonic or implicit form in some provisions spelled ECSC Treaty and the EEC Treaty; the Single European Act of out the principle in the environment field. (The principle subsidiarity in the strict legal sense).
by the Community iii) The principle that the means to be employed subject should be proportional to the objective pursued is the which, of a well-established case-law of the Court of Justice the however, has been limited in scope and developed without. of support of a specific article in the Treaty. (The principle proportionality or intensity).
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in explicit terms and Union defines these principles 3. The Treaty on European gives them a new legal significance of Community 3b as general principles by setting them out in Article law; principle of the of subsidiarity as a basic by setting out the principle 1 European Union; > of several new subsidiarity in the drafting by reflecting the idea of 2 Treaty articles. '
the following basic Article 3b should respect 4. The implementation of principles 3b work is an of subsidiarity and Article Making the principle the institutions, without affecting obligation for all the community balance between them.
, European Union. A and B of the Treaty on of the EC Treaty, l) See Articles 129a, 129b, 130 and 130g llBa , 126, 127, 128, 129, 2) Articles social policy. 2 of the Agreement on principle of Article directly incorporates the Furthermore, Article K.3(2)b subsidiarity ..
pglll EN SN 456/1/92 REV 1 - 16 12, 1992 Conclusions of the Presidency - Edinburgh, December the European Parliament, An agreement shall be sought to this effect between the interinstitutional the Council and the Commission, in the framework of dialogue which is taking place among these Institutions.
and cannot call into The principle of subsidiarity does not relate to by the Treaty as question the powers conferred on the European Community how those powers are to interpreted by the Court. It provides a guide as to in the application of be exercised at the Community level, including respect the general Article 235. The application of the principle shall "maintaining in full of provisions of the Maastricht Treaty, including the the primacy of Community the acquis communautaire'•, and it shall not affect out in Article F(3) of law nor shall it call into question the principle set the Union shall provide the Treaty, on European Union, according to which and carry through itself with the means necessary to attain its objectives its policies~
in the light of the Subsidiarity is a dynamic concept and should be applied action to be expanded objectives set out in the Treaty. It allows Community to be restricted or where circumstances so r?quire, and conversely, discontinued where it is no longer justified&
excludes Community ac~ion, Where the application of the subsidiarity test action to comply with the Member States would still be required in their by taking all appropriate general rules laid down in Article 5 of the Treaty, under the Treaty and by measures to ensure fulfilment of their obligations the attainment of the abstaining from any measure which could jeopardize objectives of the Treaty.
as having direct effect; The principle of subsidiarity cannot be regarded well as review of compliance however, interpretation of this principle, as to control by the Court with it by the Community institutions, are subject the Treaty establishing the of Justice, as far as matters falling within European Community are concerned.
EN SN 456/1/92 REV 1 pg to the extent that the Treaty Paragraphs 2 and 3 of Article 3b apply only whether to act and/or a choice gives to the institution concerned the choice The more specific the nature of as to the nature and extent of the action. for applying subsidiarity. The a Treaty requirement, the less scope exists obligations upon the Community Treaty imposes a number of specific the implementation and enforcement of institutions, for example concerning protection of Community funds. Community law, competition policy and the 3b: in particular the principle These obligations are not affected by Article community measures to contain of subsidiarity cannot reduce the need for the Member States to ensure that adequate provision for the Commission and to fulfil their obligations to Community . law is properly enforced and safeguard Community expenditures. under shared powers the type of Where the Community acts in an area falling by case basis in the light of' measures to apply has to be decided on a case the relevant provisions of the Treaty." to 129 of the EC Treaty in the area of education, 1) The new Articles 126 will expiicitly rule and youth, culture and public health vocational training States. It follows that harmonisation of laws and regulations of Member out measures in pursuit of the specific the use of Article 235 for harmonisation 126 to 129 will be ruled out. This does not objectives laid down in Articles articles of other Community objectives through Treaty mean that the pursuit areas. Where Articles 126 to 129 might not produce effects in these other than the Council considers that 126, 128 and 129 refer to "incentive measures", measures designed to encourage cooperation this expression refers to Community in the areas States or to support or supplement their action between Member financial support for Community concerned, including where appropriate through measures designed to achieve the programmes or national or cooperative objectives of these articlesc EN SN 456/1/92 REV 1 pg~ - 18 Conclusions of the Presidency - Edinburgh, December 12, 1992 II. GUIDELINES above, the following In compliance with the basic principles set out - should be ·used in guidelines - specific to each paragraph of Article 3b measure conforms to the examining whether a proposal for a Community provisions of Article 3b. First paragraph (Limit on Community action) is a condition for Compliance with the criteria laid down in this paragraph any Community action. need to be In order to apply this paragraph correctly the institutions limits of the powers satisfied that the proposed action is within the of its objectives. conferred by the Treaty and is aimed at meeting one or more the objective to be The examination of the draft measure should establish to an objective of the achieved and whether it can be justified in relation exists. Treaty and that the necessary legal basis for its adoption Second paragraph (Should the Community act?) within the Community's i) This paragraph does not apply to matters falling exclusive competence. be satisfied that For Community action to be justified the Council must the objectives of both aspects of the subsidiarity criterion are met: by Member States' the proposed action cannot be sufficiently achieved on the part action and they can therefore be better achieved by action of the Community. EN SN 456/1/92 REV 1 pg0 - 19 December 12, 1992 Conclusions of the Presidency - Edinburgh, be used in examining whether the above ii) The following guidelines should mentioned condition is fulfilled: transnational aspects which the issue under consideration has by action by Member States; cannot be satisfactorily regulated and for lack of Community action would actions by Member States alone or Treaty (such as the need to conflict with the requirements of the avoid disguised restrictions correct distortion of competition or and social cohesion) or would on trade or strengthen economic States' interests; and/or otherwise significantly damage Member action at Community level would the Council must be satisfied that its scale or effects compared produce clear benefits by reason of States. with action at the level of the Member involving harmonisation of Community should only take action iii) The to standards where this is necessary national legislation, norms or achieve the objectives of the Treaty. a single position of the Member States iv) The objective of presenting itself a justification for internal vis-A-vis third countries is not in Community action in the area concernedQ be that a Community objective cannot v) The reasons for concluding States but can be better achieved sufficiently achieved by the Member by qualitative or, wherever by the community must be substantiated possible, quantitative indicators. EN SN 456/1/92 REV 1 - 20 12, 1992 conclusions of the Presidency - Edinburgh, December Third paragraph (Nature and extent of Community action) whether or not within i) This paragraph applies to all Community action, exclusive competence. falling upon the ii) Any burdens, whether financial or administrative, economic operators Community, national governments, local authorities, to the and citizens, should be minimised and should be proportionate objective to be achieved; for national decision as iii) Community measures should leave as much scope measure and observing poss.ible, consistent with securing the aim of the law, care the requirements of the Treaty. While respecting Community arrangements and should be taken to respect well established national systems. Where the organisation and working of Member States• legal Community appropriate and subject to the need for proper enforcement, ways to achieve measures should provide Member States with alternative the objectives of the measures. at Community level, iv) Where it is necessary to set standards standards, with consideration should be given to setting minimum not only freedom for Member States to set higher national standards, but also in in the areas where the Treaty so requires (ll8a, 130t) objectives dt the other areas where this would not conflict with the proposed measure or with the Treaty. EN SN 456/1/92 REV 1 - 21 Edinburgh, December 12, 1992 Conclusions of the Presidency - simple as possible, consistent with v) The form of action should be as of the measure and the need satisfactory achievement of the objective should legislate only to the for effective enforcement. The Community equal, directives should be extent necessary. Other things being directives to detailed measures. preferred to regulations and framework should be preferred where Non-binding measures such as recommendations be given where appropriate to appropriate. Consideration should also the use of voluntary codes of conduct. and provided this is sufficient to vi) Where appropriate under the Treaty, in choosing the type of Community achieve its objectives, preference cooperation between Member action should be given to encouraging or to complementing, supplementing States, coordinating national action or supporting such action. are localised and only certain Member States vii) Where difficulties are action should not be extended to affected, any necessary Community is necessary to achieve an objective other Member states unless this of the Treaty. pg0 EN SN 456/1/92 REV 1 - 22 Conclusions of the Presidency Edinburgh, December 12, 1992 III. PROCEDURES AND PRACTICES when The Treaty on European Union obliges all institutions to consider, Article 3b are examining a Community measure, whether the provisions of observed. applied in For this purpose, the following procedures and practices will be and without the framework of the basic principles set out under paragraph I prejudice to a future interinstitutional agreement. a) Commission The CommLssion has a crucial role to play in the effective implementation which is of Article 3b, given its right of initiative under the Treaty, not called into question by the application of this article. before The Commission has indicated that it will consult more widely all the proposing legislation, which could include consultation with (green Member States and a more systematic use of consultation documents of a papers). Consultation could include the subsidiarity aspects now on and proposal. The Commission has also made it clear that, from witQ the according to the procedure it already established in accordance justify in a commitment given at the European Council in Lisbon, it will of recital the relevance of its initiative with regar~ to the principle subsidiarity. Whenever necessary, the explanatory memorandum accompa~ying in the proposal will give details on the considerations of the Commission the context of Article 3b. of the The overall monitoring by the Commission of the observance measures provisions of Article 3b in all its activities is essential and will have been taken by the Commission in this respect. The Commission European submit an annual report to the European Council and the of the Parliament through the General Affairs Council on the application on the Treaty in this area. This report will be of value in the debate European annual report which the European Council has to submit to the Treaty Parliament on progress achieved by the Union (see Article D in the on European Union). b) Council into The following procedure will be applied by the Council from the entry of the force of the Treaty. In the meantime it will guide the work Council. of The examination of the compliance of a measure with the provisions an Article 3b should be undertaken on a regular basis; it should become EN SN 456/1/92 REV 1 pga> - 23 Edinburgh, December 12, 1992 Conclusions of the Presidency - of any Commission proposal and be integral part of the overall examination The relevant existing council based on the substance of the proposal. to such examination "· This rules, including those on voting, apply own evaluation of whether the examination includes the Council's partially in conformity with the commission proposal is totally or a starting point for the examination provisions of Article 3b (taking as memorandum) and whether any the Commission's recital and explanatory by the Council is in conformity with change in the proposal envisaged on the subsidiarity aspects shall those provisions. The Council decision substance and according to at the same time as the decision on be taken to the Treaty. Care should be taken not the voting requirements set out in and to avoid a system of preliminary impede qecision-making in the Council or parallel decision-making. will take place in the Council The Article 3b examination and debate The General Affairs Council will' respcnsible for dealing with the matter. relating to the application of have responsibility for general questions Affairs Council will accompany the Article 3b. In this context the General Ill a) above) with any appropriate annual report from the Commission (see this Article by the Council. considerations on the application of 3b the effectiveness of the Article Various practical steps to ensure including: examination will be put into effect reports on a given proposal will, working group reports and COREPER 3b has been applied, where appropriate, describe how Article of the Article 189b and 189c procedure, 0 in all cases of implementation fully informed of the Council's the European Parliament will be of Article 3b, in the explanatory position concerning the observance produce according to the provisionl memorandum which the Council has to inform the Parliament if it of the Treaty. The Council will likewise proposal on the ground that partially or totally rejects a Commission of Article 3b. it does not comply with the principle has the right to of this examination; any Member State 1) In the course which raises Article 3b issues that the examination of a proposal require of a Council in accordance with be inscribed on the provisional agenda which rules of procedure. If such examination, Article 2 of the Council's by the Commission relevant points of substance covered will include all the adoption of the act does shows that the majority required for proposal, amendments of the proposal by the the possible outcomes include it not exist, the Council with a view to putting Commission, continued examination by 3b or a provisional suspension of discussion· into conformity with Article or Commission rights This does not prejudice Member States of the proposal. procedure nor the Council Article 2 of the Council's rules of under of the European Parliament. obligation to consider the opinion pg0 EN SN 456/1/92 REV 1 - 24 - December 12, 1992 conclusions of the Presidency - Edinburgh, ANNEX 2 to PART A SUBSIDIARITY EXAMPLES OF THE REVIEW OF PENDING PROPOSALS AND EXISTING LEGISLATION pgo EN SN 456/1/92 REV 1 - 25 December 12, 1992 Conclusions of the Presidency - Edinburgh, out the subsidiarity Council agreed that, to flesh The Birmingham European review the initial outcome of a Commission principle, it would examine at Edinburgh with examples. of existing community legislation, along three lines: The Commission has proceeded the fruits of its reflections on in October it gave the other institutions technical and legal analysis; subsidiarity in the form of a political, which was an interinstitutional agreement, it proposed proad lines for the Member States. The by Parliament and well received by substantially accepted in on all the three Institutions involved subsidiarity principle has an impact and legislative process; their respective ways in the decision-making of pending proposals, an its part, embarked on a review the Commission, for of and deeper reflection on a number initial analysis of existing legislation, with the conclusions of the it was planning. In accordance initiatives that to the will supplement this with a report Lisbon European Council the Commission certain comm~nity on the results of its review of December 1993 European Council to the subsidiarity principle. rules with a view to adapting them before the was to review all proposals pending 1@ The Commission's first priority of the subsidiarity principle. Council and Parliament in the light and of both of the need-for-action criterion It reviewed each proposal in terms deployed to objectives - proportionality of resources the intens~ty criterion pursued~ EN SN 456/1/92 REV 1 - 26 December 12, 1992 conclusions of the Presidency - Edinburgh, that certain of its proposals (a) The Commission has come to the conclusion of value added by community were not fully warranted in terms either to other possibilities of action or of comparative efficiency in relation action in national or international contexts. proposals for Directives: In this spirit it recently withdrew three values on the packaging of - compulsory indication of nutritional foodstuffs; with aircraft; and - radio frequencies for land-based telecommunications facilities in road transporto - radio.frequencies for remote-processing with Parliament, it is further After the proper contacts, notably considering withdrawing the following proposals: Gulf crisis in the event of oil - measures proposed at the time of the supply and stock difficulties in the Community; zoos {there will be a proposal conditions in which animals are kept in a later date); for a Recommendation on this subject at introduction of digital - radio frequencies for the co-ordinated short-range radio communications (DSRR); securities; - indirect taxation on transactions in - indirect taxation on capital accumulations; - amendments to the Sixth VAT Directive; the tanks of utility vehicles; higher tax-free allowances for fuel in - VAT on ships' supplies; - temporary importation of motor vehicles; institutions; - classification of documents of Community agricultural markets and quality - network of information centres on standards. notably following debates in Parliament (b) The Commission has also concluded, tend to go into excessive and the Council, that certain pending proposals detail in relation to the objective pursued. pg0 EN SN 456/1/92 REV 1 - 27 December 12, 1992 Conclusions of the Presidency - Edinburgh, a number of them so that they It is accordingly planning to revise more detailed form by the Member establish general principles to be given States: - public takeover bids; Community shipowner; - common definition of the concept of - comparative advertising; - labelling of shoes; liability of suppliers of services; to data processed via digital protection of natural persons in relation telecommunications networks. and several families of existing rules 2. The Commission has also identified as part of its programme for 1993. regulations which it intends to scrutinize a series of directives embodying As far as technical standards are concerned, and replaced, under the detailed specifications could be streamlined excessively prqducts minimum requirements to be met by new approach to harmonization, by The directives in question relate in circulating freely within the community~ mineral waters, honey, coffee main to foodstuffs {preserves, natural the of will also propose that the scope extracts, fruit juices). The Commission under the new approach to directives be clarified. Although adopted certain for low tension and machinery directives harmonization, these texts {the instance) present problems of overlapping. will review the already quite the area of qualifications, the Corrunission In and occupations to facilitate implementation old directives on certain regulated reinforce mutual recognition. simplify, consolidate and update environment, the Commission intends to On the and air and water, to take new knowledge existing texts, particularly those on tech~ical progress into account. to the clearance of accounts, in agriculture, with particular reference On more to give national authorities particular, the Commission intends by allowing them, under certain responsibility for applying Community legislation with individuals. conditions, to negotiate settlements the the Member States and the Community to As to animal welfare, accession by all Animals kept for Farming Purposes means European Convention on the Protection of the Council directives introducing very that there is no point in retaining EN SN 456/1/92 REV 1 - 28 12, 1992 Conclusions of the Presidency - Edinburgh, December the protection of pigs, calves and strict standards, at Parliament's request, for on animal welfare will be needed laying hens. However, minimum Community rules to guarantee fair competition and freedom of movement. that the group of directives Turning to social policy, the Commission considers to warrant re-examination. based on Article llBa of the Treaty is too recent them by implementing all the Instead its priority will be to supplement Rights of Workers. However, provisions of the Charter of the Fundamental Social and codify the body of older early steps will have to be taken to simplify regulations on the free movement of workers. following consultations with interested 3. Finally, the Commission can say that, initiatives that had been planned. parties, it i~tends to abandon certain proposals on the harmonization of It will not, for instance, be going ahead with vehicle number plates or the regulation of gambling. continue preparatory work Cl! the Similarly, the Commission sees no need to (for instance, on dietary foods, harmonization of certain technjcal standards for funfairs and theme parks, second-hand machinery, structures and equipment mechanical fixing and bolts in particular). to use its monopoly of the In more general terms the Commission is intending requests made by the Council at right of initiative by declining to accept In the same spirit it informal meetings that it make proposals for Directives. by the Council and Parliament will be tougher about rejecting amendments proposed or would unnecessarily complicate that run counter to the proportionality rule in fact justified under the Directives or Recommendations that are need-for-action criterion. EN SN 456/1/92 REV 1 pg0 - 29 - December 12, 1992 Conclusions of the Presidency - Edinburgh, ANNEX 3 to PART A DECLARATION TRANSPARENCY - IMPLEMENTATION OF THE BIRMINGHAM - Access to the work of the council and its decisions - Information on the role of the Council to Community legisla~ion - Simplification of and easier access pgo EN SN 456/1/92 REV 1 - 30 December 12, 1992 Conclusions of the Presidency - Edinburgh, ACCESS TO THE WORK OF THE COUNCIL Council will start in the following areas: The process of opening up the work of the Major Initiatives of Community Interest a) Open Debates on Work Programme and on Presidency or Commission work i) Open orientation debates on relevant and the ECOFIN Council. programmes, in both the General Affairs Council The timing will be for decision by the Presidency. on major issues of Community ii) There should be regular open debates any Member state or the interest. It will be for the Presidency, The decision will be taken Commission to propcse issues for open debate. by the Council on a case by case basis. b) Legislation appropriate, be the subject of a Major new legislative proposals will, whenever Council, on the basis of the preliminary open debate, in the relevant be for the Presidency, any Member Commission's legislative proposal. It will subjects for a debate. The decision State or the Commission to propose specific case basis. Negotiations on legislation' will be taken by the Council on a case by confidentiale in the framework of the Council shall remain c) Publication of Voting Records the record of the vote (including When a formal vote is taken in Council, these) shall be published. explanations of vote where delegations request on a specific item under point a ii) and d) The decision on holding an open debate b) shall be taken by unanimity. televising the debate for viewing in the e) "Public access" will be achieved by press area of the council building" EN SN 456/1/92 REV 1 - 31 12, 1992 Conclusions of the Presidency - Edinburgh, December INFORMATION ON THE ROLE OF THE COUNCIL A. Transparency on the Council's decisions established over the Extension to all Council formations of the practice, in the Press release years in most Councils, of publishing a full description being made for cases of the conclusions reached by the Council (exceptions of the Member States, the where such information would damage the interests mandates). More systematic Counc i 1, or the Community - e.g. negotiating concerning important "A" emphasis on publication of explanatory summaries to be made when drafting points adopted at the Council. Greater efforts public. conclusions to make them understandable to the (e.g. objective, history, Better background information on Council decisions if possible for distribution link to other subjects) to be made available, background notes prepared by at pre-Council press briefings, in the form of could be extended in the Secretariat in user-friendly terms. This initiative Foreign and Security policy the future to cover matters relating to Common account the specific need for and Internal and Justice Affairs, taking into confidentiality in some areas. by Presidency, assisted by systematic background pre-council press briefings hold such briefings and bften Council Secretariat (today not all Presidencies they are limited to the national Press corps). by the Council under the Publication of the common positions established and the explanatory memorandum procedures of Articles 189 b and 189 c accompanying themo material available rapidly in all It is important to make all information Community languages. role and the activities of the Council B. Increase in general information on the after long delays, to be The annual report, which is currently published the responsibility of the published from now on early in the new year on make it more interesting and more Secretary-General o Aim to to, rather than understandable to the public and complementary There should also be a duplicating, - the Commission's annual report. short summary aimed at broad circulation. in general including a Increase in the Council's information activities up of the already quite reinforcement of the Press Service. Stepping performed by the services intensive information activity (group visits) EN SN 456/1/92 REV 1 pgo - 32 December 12, 1992 Conclusions of the Presidency - Edinburgh, for visits of journalists - of the Secretariat. Establishing a programme in Brussels (in co-operation particularly EC news editors - not based with the Commission). of material c. Cooperation and more rapid transmission of the Council and extending it to Activating the existing Information Group developing coordinated information the other Institutions with a view to strategies; and Community Institutions in the Cooperation between Member States information field. data bases, electronic-mail for making Use of new communication technologies: Council meeting places (Brussels/Luxembourg). inforn~tion available outside EN SN 456/1/92 REV 1 pg~ - 33 December 12, 1992 Conclusions of the Presidency - Edinburgh, COMMUNITY LEGISLATION SIMPLIFICATION OF AND EASIER ACCESS TO clearer and simpler I Making new Community legislation and the need to compromise among the While the technical nature of most texts the drafting process, practical steps various national positions often complicate the quality of Community legislation, should nevertheless be taken to improve such as the following: legislation should be agreed upon, a) guidelines.for the drafting of Community quality of drafting of legislation containing criteria against which the would have to be checked; endeavour, at all levels of the Council b) delegations of Member States should the quality of legislation; proceedings, to check more thoroughly be requested to review draft legislative c) the Council Legal Service should are adopted by the Council and make acts on a regular basis before they redrafting in order to make.such suggestions where necessary for appropriate acts as simple and clear as possible; does the final legal editing of' all d) the Jurist-Linguist Group, which Council (with the participation of legislation before it is adopted by the suggestions for simplifying and national legal experts), should give without changing their substaneeG clarifying the language of the texts pg accessible in a concise and Community legislation can be made more readily use of consolidation or intelligible form through a speedier and more organised system should also be codification; an improvement of the CELEX-database considered. or codification of Community 1) Improving and organising consolidation legislation consolidation and official The two possible approaches unofficial 11 parallele codificat~on - must be pursued in European Communities has an a) The Office for Official Publications of the consolidation. Planning important role to play in respect of unofficial will be operated as frorri of this began some time ago and a new system all Community legislation 1993 on, whereby the consolidated version of available following any undergoing amendments can be made automatically be able to cover the such amendment; two years later, the system should provided that whole of Community legislation (including past legislation) should be immedi~tely there is adequate funding. Consolidated legislation Journal), possibly after published (in the C-series of the Official CELEX. adding the recitals, and/or made available through it provides legal security as b) Official codification is important because moment concerning a specific to the law which is applicable at a certain issueo through the relevant Since official codification can only be done be established and a' legislative procedures, priorities need to the three institutions accelerated working method agreed upon between which have legislative powers. on the basis of agreed i) Official codification should take place between 1) A cl~ar distinction must be made assembling, outside unofficial consolidation which consists in editorial of the scattered parts of legislation on a any legislative proced~re, all such parts issue, which has no legal effect and which leaves specific of the Financial in force (see for instance the consolidated text Regulation, OJ C 80 of 25.03.1991, p. 1); the adoption of a formal official codification which is achieved through the relevant procedures, while repealing legislative Community act through on thg texts (see, for instance, the Council Regulation all pre-existing OJ L 354 of common organisation of the market in fishery products, 23.12.1991 p. l). pg0 EN SN 456/1/92 REV 1 - 35 Edinburgh, December 12, 1992 Conclusions of the Presidency - such priorities in its work priorities. The commission will propose programme after appropriate consultation; working method should be sought ii) A jointly acceptable accelerated (replacing existing legislation allowing codified Community law, to be adopted in a speedy and without changing its substance) composed of the legal services efficient way; a consultative group the Parliament would help to of the Commission, the Council and work to permit the adoption of carry out the necessary ground rapidly as possible under the codified Community legislation as proceduree Community's normal decision-making 11 2) Strenqthen.ing the CELEX data system to CELEX should be improved with a view as to a) catching up with the delay = existing legislation, Greek, Spanish and Portuguese = feeding the database in the languages; friendly and accessible to the pub~ic. b) making the system more user be made available~ The necessary financial means should on Community law) was set up in 1970 Ce1ex system (automated documentation 1) The documentation system and was made an interinstitutional computerized law. as it contains the entire body of EC available to the public in 1981; on the re the Council adopted a resolution On 13 November 1991, with a view to enhancing of the operating structures of CELEX organisation p.2). its effectiveness (OJ C 308 of 28.11.91, pg0 EN SN 456/1/92 REV 1 - 36 - Edinburgh, December 12, 1992 Conclusions of the Presidency - ANNEX 4 to PART A RECOVERY IN EUROPE DECLARATION ON PROMOTING ECONOMIC pg0 EN SN 456/1/92 REV 1 - 37 December 12, 1992 Conclusions of the Presidency - Edinburgh, the Single Market at the end of this year, 1. The completion of the European on the future financing of the of the Maastricht Treaty, agreement ratification for 'settlement are of crucial importance Community and an early successful GATT would give a substantial boost to confidence. strengthening the European economy and policies should remain as set out in 2. The objectives of Member states' economic economy with free competition, sustainable the Maastricht Treaty: an open market prices with sound public finances and growth respecting the environment, stable of payments. These objectives will conditions and a sustainable balance monetary remain policies of Member States. They continue to determine the economic established in the Maastricht Treaty determined to fulfil the convergence criteria programmes submitted to the Council, and to comply fu"lly with the convergence goals of budgetary consolidation. including adherence to the medium-term way Member States to implement in a concerted 3. The European Council invited requirements, which would boost confidence economic measures, tailored to national should be targeted towards improving and promote economic recovery. The measures jobs, and consistent with a medium term the prospects for growth, creating lasting convergence established in the Maastricht framework founded on the principles of Treaty. 4. Member States should: the their national circumstances, to exploit -take every opportunity, according to as concerns limited margins of manoeuvre available budgetary policy; towards their public expenditure priorities - switch, to the extent possible, and growth-supporting expenditures whicl infrastructure an.d other capital investment earn a worthwhile return; pg0 EN SN 456/1/92 REV 1 - 38 December 12, 1992 conclusions of the Presidency - Edinburgh, especially by small and medium - implement measures to encourage private investment, sized enterprises (SMEs); of their economies, for example through - act to improve further the efficiency to enhance competition and market action to reduce subsidies and measures flexibility; settlements within the public sector. - make efforts to achieve restraint in wage on wage bills would help to control The European Council noted that restraint to much needed improvements in Government current spending, would contribute competitiveness and would help reduce unemployment. inflation and wage moderation will help Sound government finance coupled with low interest rates. to create the conditions for reductions in prospects under close examination and 5. The European Council will keep economic next meeting. It invited the ECOFIN will review the situation further at its Council: actions in the framework of multilateral - to consider the relevant national surveillance. economies against their programmeS for - to monitor the performance of national economic convergence. of the labour marketv - to identify measures to improve the functioning effectiveness of these national actions 6. The European Council beiieves that the supportive action at the level of the will be strengthened by complementary and invited: Communitya To this end the European Council Bank (EIB) in full consultation with the - the Council and the European Investment consideration to the establishment of a Commission to give urgent and sympathetic within the EIB. The purpose of the new new, temporary lending facility of 5 becu of capital infrastructure projects facility would be to accelerate the financing These networks may include projects notably donnected with Trans-European Networks. Europe to the extent that they are involving the countries of Central and Eastern of networks with the Communitya of mutual interest and ensure the interoperability E!B Governors would be invited to raise For projects financed by this facility the from 50% to 75% and the combined (loans the normal ceiling on the extent of loans EIB criteria for infrastructure sho~ld and grants) ceiling from 70% to 90%. other continue to be met as now. reaffirmed in the Maastricht Protocol on The European Council recalled that it was EN SN 456/1/92 REV 1 pg~ - 39 Edinburgh, December 12, 1992 Conclusions of the Presidency devote the majority of its Social Cohesion that the EIB should Economic and capital and social cohesion and that its resources to the promotion of economic this was necessary for that purpose; needs should be reviewed as soon as sympathetic consideration to the Council and the EIB to give urgent and - the ECOFIN 2 becu of of a European Investment Fund. with establishment as quickly as possible and the commission in by the EIB, other financial institutions capital contributed to 20 Becu becu; in total this could support up order to extend guarantees of 5 - 10 of projects; to utilise the and the Commission to establish programmes - the Member States will has today agreed. The Cohesion Fund funds t~at the European Council community Networks of the environment and Trans-European contribute to projects in the fields Community's less prosperous of transport infrastructure in the in the area in inter alia promote investment projects countries. The Structural Funds will infrastructure; and proposals for improving the management the Commission to bring forward - better economic funded by the Community to achieve efficiency of research it of actions should be increased, and effectiveness. To this end the selectivity contribute the most value added possible should be ensured that Community activities Member States. to efforts already under way in the for investment in the publ~c and actions could provide Community support The above the next amounting to more than 30 becu over .private sectors of the Member States few years .. early, commitment at Birmingham to an European Council reaffirmed its 7. The successful agreement. It also welcomed the comprehensive and balanced GATT Single Market and emphasised the in all essential respects, of the completion, an1r including in the area of state aids, importar,.ce of its effective operation, to proceed accordingly. The EuropeaJ. called upon Member states and the Commission the level of understanding by recognised the importance of increasing Council to achieve welcomed the Commission's intention business of Community rules, and and clearer and simpler legislation. enhanced consultation with industry pgl!l EN SN 456/1/92 REV 1 - 40 December 12, 1992 Conclusions of the Presidency - Edinburgh, employment and stimulating the importance of SMEs for creating 8. Recognising to ensure upon the Council and the Commission growth, the European Council called on small and medium-sized enterprises burdens from Community legislation that the limits use of simplified schemes and exemption are reduced (including through the information about Community support of indirect taxation) and that full in the field in favour Commission to accelerate the actions is provided to SMEs. It asked the at the Community level. of SMEs which have proven their worth System its commitment to the European Monetary 9. The European Council reiterated and prosperity in Europe. as a key factor of economic stability this that the full implementation of 10. The European Council is convinced reinforce the fundamentals of economic declaration will work to boost confidence, It invited the Commission to report, and encourage the creation of new jobs. growth on its Council and other appropriate Councils as appropriate, to the ECOFIN to encourage further It also called upon Member States implementation. Community. growth with countries outside the international cooperation to promote pg0 EN SN 456/1/92 REV 1 - 41 - December 12, 1992 conclusions of the Presidency - Edinburgh, ANNEX 5 to PART A DECLARATION ON PRINCIPLES GOVERNING EXTERNAL ASPECTS OF MIGRATION POLICY pg0 EN SN 456/1/92 REV 1 - 42 December 12, 1992 Conclusions of the Presidency - Edinburgh, of at Edinburgh, discussed the question i) The European council, meeting migratory pressures. greater profound political changes now permit ii) It noted with satisfaction that Europe. ease of travel and contacts throughout that the Community and its Member It reaffirmed its intention to ensure iii) and world, not only through personal States remain open to the outside to a liberal trading exchanges, but also through their commitment cultural by assisting the developing world, and system, by playing their full part in and economic relations with third establishiJ>g a framework of political In this, the European Council countries and groups of third countries. at Rhodes in December 1988. reaffirms the principles of its Declaration to' Communities reaffirmed their commitment iv) The Member States of the European under the 1950 European Human Rights honour in full their obligations on the status of refugees and the 1967 Convention, the 1951 Geneva Convention New York Protocol. pressures caused by the large move~ents v) It was conscious of the particular in the former Yugoslavia, particularly of people fleeing from the conflict given the harsh winter conditions. resulting from migratory movements, noted the pressures on Member states vi) It is for Member States, and one which this being an issue of major concern likely to continue into the next decadee immigration could be destabilizing vii) It recognized the danger that uncontrolled the integration of third country and that it should not make more difficult residence in the Member States. nationals who have legally taken up in the fight against racism and xenophobia viii) It stressed the need to reinforce by the European Parliament, the line with the joint declaration adopted States, meeting within the and the Representatives of the Member Council on June 1986 and with the Declaration Council, and the Commission on 11 European Council in Maastricht. r'acism and xenophobia adopted by the factors were important for the It was convinced that a number of different ix) of the Member States: the preservation reduction of migratory movements into full respect for human rights; peace and the termination of armed conflicts; a and adequate sociai conditions; the creation of democratic societies improve economic conditions in the liberal trade policy, which should in the fields of foreign of emigration. Co-ordination of action countries the immigration and asylum policy by policy, economic co-operation and also contribute substantially to Community and its Member States could EN SN 456/1/92 REV 1 - 43 - Edinburgh, December 12, 1992 Conclusions of the Presidency The Treaty on European the question of migratory movements. addressing an adequate VI, once in force, will provide Union, notably its Titles V and action. framework for this co-ordinated occasion of the Development the declaration adopted on the x) It took note of policy in aspects of development co-operation Council on 18 November 1992 on role which effective use including the recognition of the the run-up to 2000, through the longer term migratory pressures of aid can play in reducing social and economic development. encouragement of sustainable High Commissioner the views of the United Nations It noted that, in line with xi) to stay in the nearest displaced people should be encouraged for Refugees, be directed that aid and assistance should safe areas to their homes, and to do so, without prejudice them the confidence and the means towards giving in cases in the territory of Member States to their temporary admission also of particular need. for made by Ministers with responsibility It welcomed the progress xii) endorsed at the Maastricht under the work programme Immigration matters on the adoption of recommendations Council, and in particular European for asylum and on manifestly unfounded applications expulsion, resolutions is on countries in which there countries and conclusions . on host third importance (l). It recognized the no serious risk of persecution generally asylum in order to the misuse of the right of of such measures against safeguard the principle itself. Berlin and Vienna east-west migration of the also welcomed the work on xiii} It draft resolution for Berlin Group to prepare a Groups, and encouraged the agreement by Ministers. migration-related issues set take forward those more general xiv) It resolved to direct that go wider than the in the Maastricht work programme out for Immigration Ministers with responsibility responsibilities of the matters. pressure, of analyzing the causes of immigration xv) It recognized the importance the causes of migratory movements. and analyzing ways of removing and its Member States, within that the approach of the Community xvi) It agreed and informed by the competence: should be guided their respective spheres of following set of principles : and on ' unfounded applications for asylum The resolutions on manifestly in which there is (1) the conclusions on countries host third countries and accepted by Germany risk of persecution have been generally no serious of her Basic Law, and by Denmark reservation of a modification under the a Parliamentary scrutiny reservation. and the Netherlands subject to pg0 EN SN 456/1/92 REV 1 - 44 December 12, 1992 Conclusions of the Presidency Edinburgh, the preservation and restoration of - 1. they will continue to work for and the rule of law, so peace, the full respect for human rights result from war and oppressive and diminishing migratory pressures that discriminatory government; to stay in the nearest safe area - 2. displaced people should be encouraged be directed towards giving to their homes, and aid and assistance should so without prejudice to their them the confidence and the means to do of Member States in cases of temporary admission also in the territory particular need; trade and economic co-operation with - 3. they will further encourage liberal economic development and countries of emigration, thereby promoting and so reducing economic increasing prosperity in those countries, motives for migration; the appropriate volume of development - 4. to the same end, they will ensure social and economic aid is effectively used to encourage sustainable to job creation and the development, in particular to contribute of origin, so further alleviation of poverty in the countries of migration pressure; contributing in the longer term to a reduction endeavours to combat illegal - Se they will reinforce their common immigration; for bilateral or multilateral - 6. where appropriate, they will work to ensure that illegal agreements with countries of origin or transit countries, thus extending co immigrants can be returned to their home on the basis of good neighbourly operation in this field to other States relations; into accoun\ with third countries, they will take - 7 o in their relations their own nationals when those countries' practice in readmitting States; expelled from the territories of the Member in response to the particular - 8. they will increase their co-operation conflict and persecution in the challenge of persons fleeing from armed intention to alleviate their former Yugoslavia. 'l'hey declare their and its Member States plight by actions supported by the Community subsistence, including in directed at supplying accommodation and persons in particular need in principle the temporary admission of and in the context of a co accordance with national possibilities They reaffirm their belief ordinated action by all the Member States. should be shared more that the burden of financing relief activities ' equitably by the international community; so Member States who have not already done xvii) The European Council urges those pgc EN SN 456/1/92 REV 1 - 45 - Edinburgh, December 12, 1992 conclusions of the Presidency co-ordinated action Convention as part of their to ratify the Dublin Asylum be possible to extend such arrangements the field of asylum; it will then in giving priority to parallel to the Dublin Convention, under a convention be mutually where these arrangements could neighbouring European countries necessary action to be taken The European Council calls for the beneficial. at an early Convention can come into effect so that the External Frontiers date. EN SN 456/1/92 REV 1 - 46 - Edinburgh, December 12, 1992 Conclusions of the Presidency - ANNEX 6 to PART A BETWEEN DECISION TAKEN BY COMMON AGREEMENT OF THE MEMBER STATES' THE REPRESENTATIVES OF THE GOVERNMENTS THE INSTITUTIONS AND ON THE LOCATION OF THE SEATS OF OF THE EUROPEAN COMMUNITIES OF CERTAIN BODIES AND DEPARTMENTS pg0 EN SN 456/1/92 REV 1 - 47 12, 1992 Conclusions of the Presidency - Edinburgh, December the Member states, The Representatives of the Governments of establishing the European Economic Having regard to Article 216 of the Treaty the European Coal and Steel Community, Article 77 of the Treaty establishing the European Atomic Energy Community and Article 189 of the Treaty establishing Corrununity, without prejudice to the provisions Recalling the Decision of 8 April 1965, and of future institutions, bodies and contained therein concerning the seat departments, Hereby decide: Article 1 seat in Strasbourg where the twelve (a) The European Parliament shall have its the budget session, shall be periods of monthly plenary sessions, including shall be held in Brussels. held. The periods of additional plenary sessions meet in Brussels. The Ge'neral The Committees of the European Parliament shall and its departments shall remain in Secretariat of the European Parliament Luxembourg. During the months of April, June (b) The Council shall have its seat in Brussels. meetings in Luxembourg= and October, the Council shall hold its in Brussels. The departments listed in (c) The Commission shall have its seat 1965 Artic"es 7, S and 9 of the Decision of 8 April pg shall be established in Luxembourg. shall have their seats and the Court of First Instance (d) The Court of Justice in Luxembourg. in Brussels. Committee shall have its seat (e) The Economic and Social shall have its seat in Luxembourg. (f) The court of Auditors Luxembourg. Bank shall have its seat in (g) The European Investment Article 2 be decided set up or to be set up will seat of other bodies and departments The Governments of the Member the Representatives of the common agreement between by of the advantages of the European Council, taking account States at a forthcoming priority concerned, and giving appropriate provisions to the Member st~tes above for Community at present provide the sites to Member States who do not institutions. Article 3 into force as of today. This Decision shall enter ' pgp EN SN 456/1/92 REV 1 - 49 - December ~2, ~992 conclusions of the Presidency - Edinburgh, PART B DENMARK M"'D THE TREATY ON EUROPEAN UNION pglll EN SN 456/1/92 REV 1 - 50 - 12, 1992 conclusions of the Presidency - Edinburgh, December force of the Treaty The European Council recalled that the entry into all the twelve.Member signed in Maastricht requires ratification by constitutional States in accordance with their respective concluding the process requirements, and reaffirmed the importance of text, as foreseen as soon as possible, without reopening the present in Article R of the Treaty. to Member states The European council noted that Denmark has submitted which sets out on 30 October a document entitled "Denmark in Europe", the following points as being of particular importance: the defence policy dimension, the third stage of Economic and Monetary Union, citizenship of the Union, affairs, co-operation in the fields of justice and home decision making openness and transparency in the Community's process, the effective application of the principle of subsidiarity, States to combat promotion of cooperation between the Member unemployment. EN SN 456/1/92 REV 1 - 51 - December 12, 1992 Conclusions of the Presidency - Edinburgh, council has agreed on the Against this background, the European are fully compatible with the following set of arrangements, which concerns, and therefore apply Treaty, are designed to meet Danish existing or acceding Member exclusively to Denmark and not to other states: raised by Denmark on the a) Decision concerning certain problems This Decision will take effect Treaty on European Union {Annex 1) . Treaty on European Union; on the date of entry into force of the b) The declarations in Annex 2. cognizance of the unilateral The European Council has also taken be associated with the Danish act declarations in Annex 3, which will Union. of ratification of the Treaty on European pg0 EN SN 456/1/92 REV 1 - 52 December 12, 1992 Conclusions of the Presidency - Edinburgh, ANNEX 1 MEETING WITHIN THE EUROPEAN DECISION OF THE HEADS OF STATE AND GOVERNMENT, BY DENMARK COUNCIL, CONCERNING CERTAIN PROBLEMS RAISED ON THE TREATY ON EUROPEAN UNION within the European Council, whose The Heads of State and Government, meeting on European Union, which involves Governments are signatories of the Treaty freely decided, in accordance with the independent and sovereign States having of their competences, existing Treaties, to exercise in common some on European Union, particular desiring to settle, in conformity with the Treaty for Denmark and raised in its problems existing at the present time specifically 1992, Memorandum "Denmark in Europe" of 30 October the Edinburgh European Council on having regard to the conclusions of subsidiarity and transparency, European Council relating to Denmark, noting the declarations of the Edinburgh of Denmark made on the same taking cognizance of the unilateral declarations act of ratification, occasion which will be associated with its use of the following provisions in noting that Denmark does not intend to make and action among Member States such a way as to prevent closer cooperation the framework of the Union and its compatible with the Treaty and within objectives, Have agreed on the following decision: EN SN 456/1/92 REV 1 pglll - 53 December 12, 1992 conclusions of the Presidency - Edinburgh, SECTION A Citizenship establishing the European Community The provisions of Part Two of the Treaty nationals of the Member States additional relating to citizenship of the Union give Part. They do not in any way take the rights and protection as specified in that whether an individual possesses the place of national citizenship. The question solely by reference to the national nationality of a Member State will be settled law of the Member State concerned. SECTION B Economic and Monetary Union relating to Denmark attached to the Treaty 1. The Protocol on certain provisions Denmark the right to notify the Council establishing the European Community gives concerning participation in the third of the European Communities of its position has given notification that it will stage of Economic and Monetary Union. Denmark notification will take effect upon the not participate in the third stage. This coming into effect of this decision. in the single currency, will not 2. As a consequence, Denmark will not participate policy which apply only to the Member be bound by the rules concerning economic of Economic and Monetary Union, and' will States participating in the third stage monetary policy according to its national retain its existing powers in the field of field of the National Bank of Denmark in the laws and regulations, including powers of monetary policy. stage of Economic and Monetary Union 3. Denmark will participate fully in the second cooperation within the EMS. and will continue to participate in exchange-rate pg0 EN SN 456/1/92 REV 1 - 54 12, 1992 Conclusions of the Presidency - Edinburgh, December SECTION C Defence Policy response to the invitation from the The Heads of state and Government note that, in an observer to that organisation. western European Union (WEU), Denmark has become European Union commits Denmark to They also note that nothing in the Treaty on does not participate in the become a member of the WEU. Accordingly, Denmark and actions of the Union which have elaboration and the implementation of decisions development of closer cooperation defence implications, but will not prevent the between Member States in this areao SECTION D Justice and Home affairs on Justice and Home Affairs on the Denmark will participate fully in cooperation on European Union. basis of the provisions of title VI of the Treaty SECTION E Final provisions of entry into force of the Treaty on 1. This decision will take effect on the date by Articles Q and N (2) of that European Union; its duration shall be governed Treaty. with its constitutional requirements, 2. At any time Denmark may, in accordance wishes to avail itself of all or part inform other Member states that it no longer apply in full all relevant measures of this decision. In that event, Denmark will of the European Unionc then in force taken within the framework pg0 EN SN 456/1/92 REV 1 - 55 December 12, 1992 conclusions of the Presidency - Edinburgh, ANNEX 2 DECLARATIONS OF THE EUROPEAN COUNCIL ENVIRONMENT, DISTRIBUTION OF INCOME DECLARATION ON SOCIAL POLICY, CONSUMERS, prevent any Member State from maintaining 1. The Treaty on European Union does not measures compatible with the EC Treaty or introducing more stringent protection in social policy (Article 118 A (3) in the field of working conditions and of the Agreement on social policy of the EC · Treaty and Article 2 ( 5) of the European Community with the concluded between the Member States exception of the United Kingdom); protection (Article 129 A (3) of in order to attain a high level of consumer the EC Treaty); of the environment (Article in order to pursue the objectives of protection 130 T of the EC Treaty). the Treaty on European Union, including 2. The provisions introduced by the permit each Member State to pursue its provisions on Economic and Monetary Union, of income and maintain or improve social own policy with regard to distribution welfare benefits. pg0 EN SN 456/1/92 REV 1 - 56 December 12, 1992 Conclusions of the Presidency - Edinburgh, DECLARATION ON DEFENCE will renounce its right to exercise the The European Council takes note that Denmark involving the elaboration and the Presidency of the Union in each case of the Union which have defence implementation of decisions and actions the President, in the case of the implications. The normal rules for replacing rules will also apply with regard to President being indisposed, shall apply. These organisations, international the representation of the Union in international conferences and with third countries. pg0 EN SN 456/1/92 REV 1 - 57 Edinburgh, December 12, 1992 Conclusions of the Presidency - ANNEX 3 UNILATERAL DECLARATIONS OF DENMARK, TO BE ASSOCIATED TO THE DANISH ACT OF THE TREATY ON EUROPEAN UNION OF RATIFICATION STATES AND OF WHICH THE ELEVEN OTHER MEMBER WILL TAKE COGNIZANCE DECLARATION ON CITIZENSHIP OF THE UNION is entirely political and legal concept which l. Citizenship of the Union is a within the meaning of the Constitution different from the concept of citizenship Nothing in the Treaty Denmark and of the Danish legal system. of the Kingdom,of of an undertaking to create a citizenship on European Union implies or foresees of a nation-state. The question of Denmark the Union in the sense of citizenship does, therefore, not arise. participating in any such development a national of another Member of the Union in no way in itself gives 2. Citizenship duties, citizenship or any of the rights, State the right to obtain Danish Danish citizenship by virtue of or advantages that are inherent in privileges will fully legal and administrative rules. Denmark Denmark's constitutional, to provided for in the Treaty and applying respect all specific rights expressly nationals of the Member States. Derumark of the European Community enjoy in 3. Nationals of the other Member States candidate at municipal elections, foreseen the right to vote and to stand as a Treaty. Denmark intends to introduce in Article Sb of the European community States the right to vote and granting nationals of the other Member legislation time to the European Parliament in good to stand as a candidate for elections has no intention of accepting that the before the next elections in 1994. Denmark 1 and 2 of this Article could lead detailed arrangements foreseen in paragraphs already given in Denmark in that matter. to rules detracting from the rights pg0 EN SN 456/1/92 REV 1 - 58 12, 1992 Conclusions of the Presidency - Edinburgh, December the European 4. Without prejudice to the other provisions of the Treaty establishing of the Council Community, Article Se requires the unanimity of all the Members the adoption of any of the European Communities, i.e. all Member States, for in Part Two of the EC provision to strengthen or to add to the rights laid down of the Council, before coming into Treaty~ Moreover, any unanimous decision accordance with its force, will have to be adopted in each Member State, in in the case of a constitutional requirements. In Denmark, such adoption will, require either transfer of sovereignty, as defined in the Danish Constitution, of the Members a majority of 5/6 of Members of the Folketing or both a majority of the Folketing and a majority of voters in a referendum. AFFAIRS DECLARATION ON COOPERATION IN THE FIELDS OF JUSTICE AND HOME unanimity of all the Article K 9 of the Treaty on European Union requires the Member States, to the! Members of the Council of the European Union, i.e. all Treaty establishing the adoption of any decision to apply Article 100 C of the K 1 (1) to (6). European Community to action in areas referred to in Article coming into force, will have Moreover, any unanimous decision of the Council, before with its constitutional tO be adopted in each Member State, in accordance the case of a transfer of requirernentso In Denmark, such adoption will, in either a majority ot 5/6 sovereignty, as defined in the Danish Constitution, require of the Folketing and of Members of the Folketing or both a majority of the Members a majority of voters in a referendumo EN SN 456/1/92 REV 1 pg0 - 59 Conclusions of the Presidency - Edinburgh, December 12, 1992 FINAL DECLARATION to the result of the Danish The Decision and Declarations above are a response Maastricht Treaty. As far as referendum of 2 June 1992 on ratification of the in the four areas mentioned in Denmark is concerned, the objectives of that Treaty light of these documents, sections A to D of the Decision are to be seen in the into question. which are compatible with the Treaty and do not call its objectives EN SN 456/1/92 REV 1 pg0 - 60 - December 12, 1992 Conclusions of the Presidency - Edinburgh, PART C FUTURE FINANCING OF THE COMMUNITY DELORS II- PACKAGE pg0 EN SN 456/1/92 REV 1 - 61 - 12, 1992 Conclusions of the Presidency - Edinburgh, December Taking account of: adequate the need for the Community to have at its disposal resources to finance its policies; of Community the need to apply budget discipline to all areas of expenditure expenditure, which involves the definition priorities; the contributive capacity of individual Member states; and at Lisbon;' the need to reflect commitments made at Maastricht, conclusions on the the European Council has reached the following financing of the Community for the period 1993-1999. pg0 EN SN 456/1}92 REV 1 - 62 - December 12, 1992 Conclusions of the Presidency - Edinburgh, A. REVENUE i. own Resources Ceiling for appropriations for The annual ceilings on own resources under no circumstances be payments will be as follows and shall exceeded: (% EC GNP) 1. 24 1.26 1. 27 1. 20 1.20 1.21 1. 22 payment appropriations A precise ratio between commitment and their compatibility and to shall be maintained to guarantee above to be observed. enable the payments ceiling mentioned entered in the general The appropriations for commitments period 1993 to 1999 must budget of the communities over the resulting in a total therefore follow an orderly progression of the total GNP of' the amount which does not exceed 1.335% Community in 1999. pgo EN - 63 - 12, 1992 - Edinburgh, December Conclusions of the Presidency Resources ii. structure of own 1988 in Article 2 of the of own resources defined The structure follows: will be modified as Own Resources Decision 4(a) specified in section on the uniform rate a) the ceiling 1.0%, in equal reduced from 1.4% to of Article 2 will be 1995-99. steps over the period of GNP of less than 90% with a per capita b) for countries the third assessment base for Community average the the Article 2 will be in section 1(c) of resource specified GNP, rather than 55%' the Member State's limited to 50% of be This change will also present, as from 1995. as at Member States steps, for the other phased in, in equal over the period 1995-1999. should rate for the VAT resource for a fixed uniform The case on the ne1¥ Own context of discussions be considered in the Resources Decision. wish the some Member States Council notes that The European and asks the resource to be considered introduction of a fifth The of possible candidates. carry out a study Commission to result c to the Council on the should report back Commission Financial Perspective end of the new its study by the J period •> believes conditions which it has made clear the report on thE 1) The Commission fifth resource in its be met by any future should 5202/92. system of own Resources, pg0 SN 456/1/92 REV 1 - 64 - Edinburgh, December 12, 1992 Conclusions of the Presidency - iii. correction of budgetary imbalances budget imbalance will be The correction of the UK's formula in accordance with calculated by applying the present set out in the 1988 Own the principles and practices working methods paper. Resources Decision and accompanying iv. Review to bring forward a The European council asks the Commission Resources system no later report on the operation of the Own Perspective period. than the end of the new Financial v. New own Resources Decision to prepare a new own The European Council asks the Commission these changes for the Resources Decision incorporating States for approve and recommend to Member Council to I ' • 1n ' the procedure set out adoption by 1995 1n accordance w1th ceilings applicable in 1999 Article 201 of the Treaty. The such time as the new Own will continue to apply until Resources Decision is amended. pgo EN SN 456/1/92 REV 1 - 65 - Edinburgh, December 12, 1992 Conclusions of the Presidency - B. EXPE;NDITURE i. Principles that the Community's The European council reaffirms permit the financing at an expenditure should be such as to It recalls its conviction appropriate level of its policies. cohesion remains an that strengthened economic and social It confirms its view essential dimension of the Community. should be subject to the that all community expenditure and budgetary discipline. principles of sound public finance in Annex 2. Budgetary discipline is addressed prior appraisal should To ensure value-for-money, thorough resources in order to precede the commitment of Community in keeping with the ensure that they yield economic benefits should be subject to resources deployed. All operations periodic review. the Inter-institutional The European Council considers that development and hopes Agreement for 1988-1992 was a positive on terms ensuring that the agreement can be re-established a smooth passage of the strict budgetary discipline and notes that the General annual budgetary discussions. It on a Council commo1 Affairs Council of 7 December agreed of the revised Inter position on the main elements upon the Council, on the Institutional Agreement. It calls and subject to acceptable basis of this common position, agreement with the terms being attainable, to reach on a revised IIA. Commission and European Parliament appropriate allocation of In the European Council's view, the is as described below. expenditure for the period 1993-1999 table in Annex 1. The figures are also set out in the pg(l) EN SN 456/1/92 REV 1 - 66 - Edinburgh, December 12, 1992 Conclusions of the Presidency - ii. Agriculture of the agricultural guideline The growth rate and base level of Decision 377/88 should as defined in Articles 1 and 2 remain unchanged. guideline, as defined in The coverage of the agricultural be extended as proposed Article 3 of Decision 377/88, should 2. by the Commission in 5201/92 RAU be reviewed in 1996. The coverage of the guideline should reduced from 1000 mecu to The Monetary Reserve should be in the franchise from 500 mecu from 1995, with a reduction 400 mecu to 200 mecu. the importance of sound The European Council reaffirms control under the reformed budgetary discipline and financial and the Council to ensure CAP and calls upon the Commission kept under control sector by that the budgetary costs are sector. recent monetary movements The European Council notes that increase in EAGGF Guarantee will result in a significant expenditure. the monetary reserve will be It agrees that the operation of resulting from monetary adjusted so that the costs States are taken into account realignments between the Member to the extent necessary. as a consequence of this In addition, it agrees that if, were to exceed the increase, agricultural expenditure funding of the new Common guideline and thus compromise the appropriate steps to Agricultural Policy as already approved, taken by the Council. fund the EAGGF Guarantee will be pgo EN SN 456/1/92 REV 1 - 67 - December 12, 1992 Conclusions of the Presidency - Edinburgh, proposals for a revised The commission is invited to present the above changes Budgetary Discipline Decision incorporating on budget discipline as soon and those mentioned in Annex 2 as possible. iii. structural actions strengthening economic and As part of the Community's task of for structural actions social cohesion, increased financing the implementation of sound shall be provided to complement economic policies. to be committed on The total level of resources available 1993-1999 should be as structural actions over the period follows: (mecu - 1992 prices) 26526 28240 30000 21277 21885 23480 24990 ' some 176 becu over the These commitments represent cumulatively compared to 67 becu for the new Financial Perspective period Financial Perspective period. structural Funds over the existing 25 becu a year from 1993 to This represents on average around from 1988 to 1992 (all figurer 1999 compared to 13 becu a year in constant 1992 prices) . EN SN 456/1/92 REV 1 - 68 - December 12, 1992 conclusions of the Presidency - Edinburgh, agreements, expenditure on In the light of the Maastricht on the least Structural Actions should be concentrated regions and rural areas of prosperous Member states, outermost 130A of the Maastricht the Community in accordance with Article Member States, the above Treaty. For the four Cohesion Fund commitments under Objective figures will permit a doubling of and 1999 after allowing for 1 and the Cohesion Fund between 1992 new German Lander and East full Objective 1 treatment of the Member States this means Berlin. For the four Cohesion Fund about 85 becu over the period 1993-1999. cohesion Fund should be established A Cohesion Fund, as agreed at Maastricht, 3. The resources available in accordance with the text at Annex broken down as follows: to be committed should total 15150 mecu, (mecu - 1992 prices) 1998 2500 2550 2600 1500 1750 2000 2250 Perspective, the four For the period of the new Financial below 90% of the Community countries vlith ·a GNP per capita from the Fund provided they average will be eligible for finance of the conditions of have a programme leading to the fulfilment 104 C of the Treaty. economic convergence set out in Article Fund for new projects or They will remain able to draw on the provided that they meet the new stages of multi-stage projects that after a midterm review conditions set out in Annex 3 and figure mentioned above. The in 1996 they remain below the 90% environmental projects and Fund will provide support for on the terms described in transport infrastructure projects rate of between 80 and Annex 3 and at a Community eo-financing 85%. EN SN 456/1/92 REV 1 - 69 - 12, 1992 conclusions of the Presidency - Edinburgh, December with the Treaty Preparations for the Cohesion Fund in accordance as quickly as as amended at Maastricht should be completed invites the possible. In addition the European Council adopt, .before Commission to put forward, and the Council to based on 1 April 1993, a proposal for an interim instrument support Article 235 of the present Treaty permitting financial areas to be to Ireland, Greece, Portugal and Spain in the covered by the new Cohesion Fund. Structural Funds the structural The resources available to be committed under as follows: funds and other structural operations should be (mecu - 1992 prices) 27400 19777 20135 21480 22740 24026 25690 should In allocating these resources, the following guidelines be observed: Objective 1 a) The resources available to be committed under should be: (mecu - 1992 prices) 19280 12328 13220 14300 15330 16396 17820 should broadly b) Commitments under Objectives 2, 3/4 and 5b each other, maintain their present proportions, relative to throughout the period of the new financial perspective. 1 and 5b Commitments under Objective 5a, outside Objective Appropriate regions, should not increase in real terms. dependent on attention should be given to the needs of areas fishing, within the relevant objectiveso EN SN 456/1/92 REV 1 pg0 - 70 - December 12, 1992 Conclusions of the Presidency - Edinburgh, should be between c) The allocation for community initiatives under the structural 5 and 10% of total resources committed promote cross-border, funds. They should mainly and assistance transnational and inter-regional co-operation with the principle for the outermost regions, in accordance of subsidiarity. as now, of national d) Full account should be taken, population of the regions, prosperity, regional prosperity, problems, including and the relative severity of structural for the appropriate the ·level of unemployment and, development. Transparent objectives, the needs of rural on the above basis will procedures with objective criteria Funds implementing be laid down in the Structural appropriately weighted in regulation. These criteria will be account will be taken the allocation of resources. Greater on Community eo-financing of national prosperity in deciding rates. in 1988 (concentration, e) The basic principles laid down should continue' programming, partnership and additionality) the Structural Funds. to guide the implementation of transparency should be Decision making procedures and their should be simplified. improved. Administrative procedures and greater emphasis Financial control will be strengthened monitoring and ex post will be given to ex ante appraisal, where appraisal evaluation. Assistance will be allocated benefits commensurate shows medium term economic and social should be adjusted with the resources deployed. Operations and evaluation. to accord with the results of monitoring pg0 EN SN 456/1/92 REV 1 - 71 - conclusions of the Presidency - Edinburgh, December 12, 1992 in f) The coverage of Objective 1 should be determined as Article 8 (1) of Regulation (EEC) 2052/88. The list will include the new German Lander and East Berlin which will be treated on a basis of equality with other such regions from 1 January 1994. as The European council invites the Commission to table as soon possible proposals to revise the structural Funds regulations. The European Council requests the Commission in its first report on economic and social cohesion under Article 130b of the Treaty to consider how the operation of the structural funds can best be coordinated with the process of economic convergence. The Commission undertakes to take account of the particular situation of Spain in 1993 and 1994 with respect to the provisions of the Protocol on Economic and Social Coht=sion concerning the regressive elements of the present system of own resources. The European Council attaches great importance to the supplementary role of loan funding in furthering the Community's cohesion objectives and recognizes the important continuing role to of the EIB. To increase available loan finance, in addition i' the Community budget financing on which it has now agreed, calls on the Council and the Commission to take the appropriate steps to implement the arrangements outlined in Annex 4. EN SN 456/1/92 REV 1 pg0 - 72 - December 12, 1992 Conclusions of the Presidency - Edinburgh, iv. Internal policies internal policies The level of commitments for the community's financial perspective covered by category three of the proposed (mecu - 1992 prices) should not exceed: 4910 5100 3940 4084 4323 4520 4710 Community's various The distribution of resources between the in the annual budget internal. policies should be decided fixed in Community procedure, but respecting amounts legislation. be consistent with The development of expenditure on R&D should on internal policies the overall development of expenditure Perspective, under category 3 of the proposed Financial of the overall figure. remaining between one half and two thirds to focus on generic, Community support for R&D should continue application. precompetitive research and be of multisectoral for supporting EUREKA should remain the principal vehicle to the market and the research activities which are nearer to improve the synergy Commission should bring forward proposals and EUREKA. between the Community's research activities amongst enterprises, Improving the dissemination of results businesses, cost particularly small and medium-sized national programmes effectiveness and coordination between should be priorities for Community action. the consideration and These conclusions should be reflected in adoption of the 4th Framework Programme. resources for Trans In determining annual expenditure, the emphasis given by the European networks should reflect the Treaty. pgo EN SN 456/1/92 REV 1 - 73 - December 12, 1992 Conclusions of the Presidency - Edinburgh, v. External policies policies should not The level of commitments for external exceed: (mecu - 1992 prices) 5430 5780 6200 4450 4500 4880 5160 bearing in mind the The European Council takes the view that, balance should communit?'s changing priorities, an appropriate distribution of the be maintained in the geographical Community's commitments. inscribed within Within this total there will be two reserves a separate category of the Financial Perspective: rapidly to needs a) a reserve to provide flexibility to respond in third countries for emergency aid of a non-recurring kind the budgetary related to events not foreseeable during procedure. The provision should not exceed: (mecu - 1992 prices) 300 300 200 200 300 300 300 the use of the The Commission will monitor carefully of the reserve and inform the Council and Parliament remaining in the impact of any proposal on the margin reserve. pg0 EN SN 456/1/92 REV 1 - 74 - - Edinburgh, December 12, 1992 Conclusions of the Presidency fund. financing a loan guarantee b) a reserve to provide for The provision should not exceed: (mecu - 1992 prices) 1999. 300 300 300 300 300 300 300 loan and the operation of the Access to these reserves, the principles set out in guarantee fund, should follow Annex 5 and in the new IIA. vi. Administration available to the Community The administrative resources institutions should not exceed: (mecu - 1992 prices) 3690 3800 3850 ~900 3280 3380 3580 should apply eq~ally The principles of budget discipline to all institutions. C. 1993 BUDGET reach the Presidency to seek to European Council invites The its on a basis consistent with agreement on the 1993 budget conclusions. EN SN 456/1/92 REV 1 - 75 - December 12, 1992 Conclusions of the Presidency - Edinburgh, ANNEX 1 to PART C FINANCIAL PERSPECTIVE TABLE ' pg(Z) EN SN 456/1/92 REV 1 - 76 - Conclusions of the Presidency - Edinburgh, December 12, 1992 ANNEX 1 to PART C FINANCIAL PERSPECTIVE TABLE Appropriations for commitments (million ECU - 1992 prices) 1993 1994 1995 1996 1997 1998 1999 37023 37697 38389 1. Agricultural guideline 35230 35095 35722 36364 21277 21885 23480 24990 26526 28240 30000 2. Structural actions 2550 2600 . Fund 1500 1750 2000 2250 2500 Cohesion 24026 25690 27400 . Structural Funds and other 19777 20135 21480 22740 operations 4520 4710 4910 5100 3. Internal policies 3940 4084 4323 4560 4830 5180 5600 4. External action 3950 4000 4280 3690 3800 3850 39C 5. Administrative expenditure 3280 3380 3580 1500 1500 1100 1100 1100 1100 1100 6. Reserves 500 500 500 . Monetary Reserve 1000 1000 500 500 . External Action 300 300 300 = emergency aid 200 200 300 300 300 300 300 300 300 300 300 = loan guarantees . 80977 84089 Total appropriations for 69177 69944 72485 75224 77989 commitments 71290 74491 77249 ' 80114 Appropriations for payments 65908 67036 69150 required I 1.19 1.20 1.21 1.23 1.25 1.26 Appropriations fa~ payments 1.20 I 1% GNP) 0.01 0.01 0.01 0.01 Margin for unforeseen 0.01 0.01 expenditure (%(GNP) 1.22 1.24 1.26 1.2~ Own Resources Ceiling 1% GNP) 1.20 1.20 1.21 ' ~ 1996 1997 1998 1999 p.m. Total external expenditure· 1993 1994 1995 4450 4500 4880 5160 5430 5780 6200 p.m. The inflation rate applicable for the budget is 4.3%. EN SN 456/1/92 REV 1 pg0 - 77 - December 12, 1992 Conclusions of the Presidency - Edinburgh, ANNEX 2 to PART C BUDGET DISCIPLINE pg0 EN SN 456/1/92 REV 1 - 78 - Edinburgh, December 12, 1992 Conclusions of the Presidency BUDGET DISCIPLINE a central role to play reaffirms that budget discipline has 1. The European Council Budget finances remain in good shape. ensuring that the Community's in relationship policies to ensure a sustainable discipline is important in all available own resourcese between commitments, payments and mainly intended as a from the Community budget is 2. In many cases., assistance or coordination measures. and an incentive in support of regulations stimulus subject to be only temporary or, at least, Such operations must therefore in terms of subsidiarity. periodical review of their justification intention to review Council especially welcomes the Commission's 3. The European procedure, the framework of the annual budget periodically, in particular within the justification of ongoing actions. all expenditure other than EAGGF Guar:-ntee budgetary discipline applicable to 4. The contained in the the basis of the arrangements expenditure shall be ensured on Regulation. Legislative Agreement and the Financial Inter-institutional be consrstent have expenditure implications must decisions of the Council which part of the Inter-institutional Financial Perspective that forms with the 15 of the an amendment to Articles 14 and Agreement (These points will require Budget Discipline Decision). pgc EN SN 456/1/92 REV 1 - 79 Edinburgh, December 12, 1992 Conclusions of the Presidency - effective control of agricultural size of the agricultural budget, the 5. Given the This guideline is particularly important. production and expenditure within the operation of stabilizers. In this respect will continue to be underpinned by the on CAP reform ·involves Council notes that. the recent agreement the European have to producers, and that revised stabilizers increasing use of payments direct to control expenditure on such payments. been included in the reformed regimes are applied to all to ensure that effective stabilizers It asks the Commission of in all further proposals for the reform the main commodities and are included these CAP sectors. I) in to ensuring that expenditure is kept 6. The European Council attaches importance provision. If, for an individual chapter, line with the•annual EAGGF Guarantee warning reports, the Commission is exceeding the profile in its early expenditure will and the risk that the budget provision should analyze the reasons for this concludes that such risk by the end of the year. If the Commission be exceeded those powers at its disposal, including exists, it should use the management to remedy the situation. If these which it has under the stabilizing measures, should present proposals to the Council measures are insufficient, the Commission expenditure, which may include strengthening for appropriate action to control should act within a period in the relevant sector. The Council the stabilizers the back into line with the -provision fo~ of two months to bring expenditure end of the year in question. (These chapter concerned if possible by the budget Decision.) to Article 6 of the Budget Discipline points will require an amendment ' be covered by the legislation involving costs to 7. All commission proposals for with the limits laid down by that agricultural guideline shall be consistent of the present Decision). guideline (to replace Article 5 (1) assessment to ask the Commission to make an 8. Any Member State should be entitled to a Commission proposal suggested financial implications of any change of the this The Commission shall produce in the course of Council discussion. proposal. Appropriate a decision is taken on the amended assessment before (as revised Budgetary Discipline Decision procedures should be included in the an addition to Article 5). cover: cereals, oilseeds, protein plants, dried in the recent agreement on CAP reform, 1) New stabilizers, included the following regimes: and goat meat. Stabilizers also operate in fodder, tobacco, beef and veal, sheepmeat milk. sugar, olive oil, cotton, wine, fruit and vegetables, pg0 EN SN 456/1/92 REV 1 - 80 12, 1992 Conclusions of the Presidency - Edinburgh, December that transfers from the 9. The European Council welcomes the Commission suggestion not be made where it is Monetary Reserve to the EAGGF Guarantee budget should for the year without the clear that the budget will have adequate provision are significant problems over transfer. As for irregularities, and where there will bring forward data supplied by Member States, it notes that the Commission or suspending monthly a proposal on the possibility of temporarily reducing advances to Member States. EN SN 456/1/92 REV 1 pg0 - 81 - December 12, 1992 Conclusions of the Presidency - Edinburgh, ANNEX 3 to PART C COHESION FUND pgl!l EN SN 456/1/92 REV 1 - 82 December 12, 1992 Conclusions of the Presidency - Edinburgh, Commission 1 s proposal the European Council on the basis of its examination of the elements should be included in the Cohesion takes the view that the following main Fund Regulation: Duration and amount allocation for the Fund for the period 1. The Regulation should fix the financial an annual breakdown. There should of the new Financial Perspective, including before the end of the new Financial be a provision for a review of the Regulation Perspective period. Member state eligibility in, contributions to projects as defined 2. The Fund shall provide financial GNP of less than 90\ of the 4 below in Member States with a per capita paragraph a to purchasing power parities which have Community average measured according the conditions of economic convergence programme leading to the fulfilment of Treaty. as set out in Article 104 C of the Maastricht w~ be meeting the first criterion above 3. Only the four Member States currently in 1996; any eligible Member State eligible for the Fund. There will be a review to be eligible. There will be then risen above the 90% figure will cease having period.• the end of the Financial Perspective a further review of eligibility at Proiect eligibilitv support for: 4. The Fund may provide financial the achievement of the objectives of environmental projects contributing to projects resulting from measures Article 130 R of the Treaty, including Treaty; adopted pursuant to Article 130 S of the common interest financed by Member transport infrastructure projects of of the guidelines referred to States, which are identified in the framework transport infrastructure projects in Article 129 c. However, other of Article 129 B of the contributing to the achievement of the objectives guidelines have been adopted by Treaty may be financed until the appropriate the Council. pg0 EN SN 456/1/92 REV 1 - 83 December 12, 1992 Conclusions of the Presidency - Edinburgh, Allocation between Member States based on precise and objective criteria, 5. The indicative allocation will be area, but taking account of other principally population, GNP per capita, surface in transport infrastructure. socio-economic factors, such as deficiency the following indicative allocation: Application of these criteria might lead to 16-20%; for Portugal 16-20%; for for Spain 52-58% of the total; for Greece Ireland 7-10%. Macro-economic conditionality 6. If 104 C.6 that a Member State has an a) the Council decides under Article excessive deficit; and 104 C.l2 within one year or any b) that decision is not abrogated under Article the deficit under a recommendation other period specified for correcting under Article 104 C.? large, multistage projects, n6 new then no new projects - or in the case of from the Fund for that Member State. stages of the project - will be financed affecting mare than one M~mber Exceptionally, in the case of projects directly Suspension of financing will State, the Council may decide to delay suspension~ passed after the entry into force of the not take effect before two years have once the Council has decided under Maastricht Treaty. Suspension will cease under Article 104 C.6. Article 104 C.l2 to abrogate its decision Non-substitution four Member States not to decrease their 7. In the light of an undertaking by the environmental protection and transport investment efforts in the fields of sense of Article 9 of Council infrastructure, additionality in the Cohesion Fund. Regulation 4253/88 will not apply to the EC Cc-financing rate the Fund should be between 80% and 85%. 8. The Community eo-financing rate for EN SN 456/1/92 REV 1 - 84 12, 1992 Conclusions of the Presidency Edinburgh, December Cumulation and overlapping from both the Cohesion Fund and the 9. No item of expenditure may receive support Fund and other Community Structural Funds. Combined support from the Cohesion grants should not exceed 90\ of total expenditure. approval will be set out in the 10. The implementing provisions concerning project basic regulation. to ensure that projects are of high The followi~g criteria will be employed quality: which shall be commensurate their medium term economic and social benefits, assessed in the light of an with the resources deployed; these will be analysis of costs and benefits; Member States; the priorities established by the beneficiary implementation of Community the contribution which projects can make to the networks; policies on the environment and Trans-European and their consistency the compatibility of projects with Community policies with other Community structural measures; the two fields of action. the achievement of an appropriate balance between financial control; monitoring 11. The basic rules concerning financial provisions, will be set out in the basic and evaluation, and information and publicity regulation in the light of the Commission's proposalG pg0 EN SN 456/1/92 REV 1 - 85 December 12, 1992 Conclusions of the Presidency - Edinburgh, adopted by the Council acting by qualified 12. Implementing ,provisions will be majority on a proposal from the Commission. the end of 1992 in order to ensure The Commission will table draft texts before regulation. simultaneous adoption with the basic arrangements for financial provisions, The implementing regulation will specify These arrangements will draw on financial control, monitoring and evaluation. the existing Structural Funds and will the experience gained in implementing in the context of the revision of the be in line with those to be proposed to the characteristics of the Cohesion Structural Funds regulations, subject Fund (projects as opposed to programmes). invite the EIB to contribute to the The Commission will, where appropriate, assessment of projects. in a advance should be closely linked Payment instalments after an initial the completion of projects. transparent manner with progress towards provisions in paragraphs 10-12 above will 13. The procedure for implementing the draft Council regulation in COM(92).339 be as in Article 10 of the Commission's final. EN SN 456/1/92 REV 1 - 86 - Edinburgh, December 22, 2992 Conclusions of the Presidency - ANNEX 4 to PART C STRUCTURAL ACTION: USE OF LOANS pg\l> EN SN 456/1/92 REV 1 - 87 12, 1992 Conclusions of the Presidency - Edinburgh, December of projects and programmes by loans l. The European Council notes that the financing means can play an important raised on the capital markets and other market-based of the Community's economic additional role in ensuring that the strengthening basis. It calls on the and social cohesion takes place on an economically sound a full part in mobilizing Commission and the European Investment Bank to play financial resources to that end. Protocol on Cohesion "reaffirms 2. The European Council recalls that the Maastricht to cohesion". The that the EIB should devote the majority of its resources European Council already making in this recognizes the scale of the effort which the EIB is area; of the Treaty and' requests the EIB to achieve, subject to the requirements States benefiting its Statute, a further expansion of lending in the Member the Community; from the cohesion fund and in Objective l Regions of Council and the Commission, requests the EIB to consider, together with the improved operation of the how it can contribute, with Member States, to the structural funds and the cohesion fund~ Government has suggested a 3. The European Council notes that the Netherlands' further separate loan instrument~ EN SN 456/1/92 REV 1 pg0 - 88 - - Edinburgh, December 12, 1992 Conclusions of the Presidency ANNEX 5 to PART C BUDGETARY TREATMENT OF LOAN GUARANTEES TO NON-MEMBER STATES EN pg~ SN 456/1/92 REV 1 - 89 12, 1992 Conclusions of the Presidency - Edinburgh, December of the 19 October ECO/FIN Council as The European Council welcomes the conclusions follows: the Delors II package on 19 October 1992, 1. In the context of its discussions on budgetary treatment of Community loan the Council considered the question of the guarantees to non-member stateso growing international responsibilities 2. The Council noted that the Community's scope of lending to non-member states, have led to an increase in the level and It concluded that considerations of backed by guarantees onthe EC budget. discipline call for the establishment prudent budgetary management and financial appropriate form of provisioning. of a new financial framework, including an Guarantee Fund should be established, to 3. The council accordingly agreed that a the Financial Perspective on the model be financed by a reserve in the budget and of the monetary reserve. detailed elements of the Fund and 4. The Council also agreed on the following reserve: be 10% of the outstanding liability of (a) The target size of the Fund should and guarantees; the Community arising from external loans pg0 EN SN 456/1/92 REV 1 - 90 Edinburgh, December 12, 1992 Conclusions of the Presidency - a on a new external loan or guarantee, (b) Each time the Community decides capital value of the loan or guarantee provisioning payment of 14 % of the provisioning rate will be made into the Guarantee Fund. This would be later target size and in any case no reviewed when the Fund reaches its period; than the end of the Financial Perspectives from the Fund payments would be made directly (c) In the event of a default, contain sufficient resources to cover to the creditor. If the Fund did not be called up from the budget, with a default, additional payments would being the first recourse; any margin any margin remaining in the reserve 4 of the Financial Perspective or available under the ceiling of Category a revision of the within Category 4, the second recourse; redeployment the Inter line with the provisions of Financia~ Perspective in involve redeployment within other institutional Agreement, which might categories, the third recourse; of in the Fund stood at below a threshold (d) If, after default, resources rate on new loans would be its target: size, the provisioning 75 % of been the target size had once more increased to 15 '%: either until before the target size had been reached; or, if the default occurred the default had been fully restored. reached, until the amount of defaults after whic~ the in the event of one or more major Additionally, be size, exceptional measures might Fund stood at below 50 % of its target ; required to replenish the Fund be returned to the target size, any surplus would (e) If the Fund exceeded its Member States; the Budget. It remained for should be managed separately from (f) The Fund E!B or should be the Commission, the consideration whether the managers another body. EN SN 456/1/92 REV 1 - 91 December 12, 1992 Conclusions of the Presidency - Edinburgh, RESERVE within the Community budget and the (g) A reserve should be established of the monetary reserve, to finance Financial Perspective, along the lines the Felnd; were up from Member States until payments (h) Resources could not be called required to be made into the Fund; should be classified as compulsory (i) In the Council's view, such payments expenditure& pga> EN SN 456/1/92 REV 1 - 92 - Edinburgh, December 12, 1992 Conclusions of the Presidency - PART D EXTERNAL RELATIONS EN SN 456/1/92 REV 1 - 93 - Edinburgh, December 12, 1992 Conclusions of the Presidency - the attached Declarations on the 1. The European Council adopted of Muslim women in the former former Yugoslavia, on the treatment of Independent States and Yugoslavia, on Russia and the Commonwealth on the Middle East Peace Process. Former Yugoslav Republic of Macedonia its policy on recognition of the 2. The European Council examined in the context of the Lisbon former Yugoslay Republic of Macedonia report by the Presidency's Special Declaration and in the light of the Ministers to remain seized of this Representative. It invites Foreign question. United Nations Security council 3. The European Council welcomes to United Nations Secretary General Resolution 795 authorising the the Republic. establish an UNPROFOR presence in the its Declaration at Birmingham on 4. The European Council recalls the unintended consequences to prevent this Republic from bearing need the the European Council underlines of UN sanctions. In this context to funding from the international importance of providing access the regular and properly monitored financial institutions and of supply of oil. in addition the Community should The European Council agrees that 5. a Yugoslav Republic of Macedonia make available to the former assistance. It welcomed the intention substantial package of economic mecu of humanitarian and technical of the commission to earmark 50 Republic of Macedonia. Member States assistance to the former Yugoslav amount from their own resources. also agree to provide a natching Turkey, Cyprus and Malta the positive results of the 6. The European council welcomed with Malta and Turkey, and looked Association councils held this year Council with Cyprus. 'It forward to the forthcoming Association developing appropriate and specific invited the Council to continue the lines set out in Lisbon. links with these countries along pg0 EN SN 456/1/92 REV 1 - 94 - December 12, 1992 Conclusions of the Presidency - Edinburgh, Central and Eastern Europe Commission's report "Towards a European Council welcomed the 7. The It of Central and Eastern Europe". new association with the countries to the commitment of the Lisbon saw this as a positive response Community's partnership with these European Council to develop the to the of the Europe Agreements and countries within the framework the Visegrad countries. proposals in a Memorandum from by the Europe Agreements as the means 8. The European Council regards support and encourage political the Com~unity intends to which It in Central and Eastern Europe. stability and economic growth speedily and in full in order believes that they must be implemented links with the Community. It to strengthen the Associate countries' dialogue which has been established welcomed the intensified political Ministerial and Head of Government with the Visegrad countries at be further extended. level, and called for this to give on the council of Ministers to 9. The European council called recommandations and to promote early consideration to the Commission's in the Community debate, involving interested parties a wide ranging in European Council at its meeting and in these countries. The various components of the will reach decisions on the Copenhagen for prepare the Associate countries Commission's report in order to accession to the Union. pg0 EN SN 456/1/92 REV 1 - 95 - December 12, 1992 Conclusions of the Presidency - Edinburgh, Former Soviet Union the start of negotiations with 10. The European Council welcomes Agreement, and looks f.orward Russia on a Partnership and Co-operation with the other states. These to swift progress in negotiations of democracy and respect for Agreements will help the development the former Soviet Union. The European human rights in all states of humanitarian loan to the recalls that the EC' s 1250 mecu Council and is being used to purchase food states of the former Soviet Union to meet that this will be sufficient medical produc~s, and expects in 1992. needs given the improved harvest to reach, that it will be possible I 11. The European council hopes generous rescheduling of the agreement on a realistic and early the Union within the framework of external debt of the former soviet also looks forward to early agreement Paris Club. The European council would allow access to substantial between Russia and the IMF which sources. resources from the IFis and other Soviet Eastern Europe and the former Nuclear Safety in Central and Union of the conclusions of the Council 12. The European Council welcomes safety in central and Eastern Ministers on 7 December on nuclear Community will co-ordinate its and the former Soviet Union. The Europe to and give the highest priority efforts with other donors, by the Munich Economic Summit and implementing the measures identified adopted by the G24. pgo EN SN 456/1/92 REV 1 - 96 - December 12, 1992 Conclusions of the Presidency - Edinburgh, The PHARE Programme the more flexible operating 13. The European Council welcomes of technical assistance, and guidelines agreed for the PHARE programme its co-operation with the the Commission's intention to extend Development. European Bank for Reconstruction and European Energy Charter its support for an early and 14. The European Council reiterates on the Basic Agreement of the successful outcome to the negotiations European Energy Charter. the region, the European Council 15. Given Iran's importance in should be maintained with "the reaffirms its belief that a dialogue critical dialogue which reflects Iranian Government. This should be a calls for improvement in a number concern about Iranian behaviour and the death sentence pronounced by of areas, particularly human rights, the author Salman Rushdie, which a Fatwa of Ayatollah Khornaini against terrorism. Improvement in these is contrary to international law, and the extent to which closer areas will be important in determining relations and confidence can be developed. the right of countries to acquire 16. The European Council accepts is concerned that Iran's arms the means to defend themselves, but to regional stability. procurement should not pose a threat of the Middle East Peace 17. In view of the fundamental importance expresses the wish that Iran will Process, the European Council also take a constructive approach here. pga> EN SN 456/1/92 REV 1 - 97 - December 12, 1992 Conclusions of the Presidency - Edinburgh, Africa its commitment to improve 18. The European Council confirms the last six months the Community conditions of life in Africa. During substantial food, medical and and its Member States have provided help overcome the disasters of other humanitarian assistance to most affected, they have drought and famine. In those countries aid. provided up to half of the total States have also been closely 19. The Community and its Member Individually and jointly, they involved in efforts to end conflicts. to end the civil war in have supported United Nations activities political efforts to encourage th~ Liberia and have made significant in Angola and Mozambique. In implementation of the peace agreements both sides, particularly UNITA, to Angola the European Council urges the ceasefire, proceed with abide by the peace agreement, respect of the new unified armed forces. demobilisation and with the formation the results of the ~9/30 It calls upon UNITA to accept unequivocally the Government to continue the September elections and encourages of the reconciliation of the peop+e democratic process with a view to Angola. States fully support UNSCR 794 20. The Community and its Member all necessary means to provide a authorising UN Member States to use relief operations in Somalia. The secure environment for humanitarian efforts of the Communit~ European Council welcomes the humanitarian of a number of Member and its Member States and the contributions that the implementation of UNSCR 794 States to the UN force. It hopes and promote a lasting political will encourage national reconciliation importance to ensuring the safety settlement. It attaches particular relief effort. of the personnel involved in the for Council notes that the prospects 21. In South Africa the European improved. It urges the parties to a resumption of negotiations have government and fully democratic proceed soon to a transitional Member States hope that the presence elections. The Community and its of development aid will help to put of EC observers and the provision assist a peaceful transition. an end to all types of violence and pgo EN SN 456/1/92 REV 1 - 98 - - Edinburgh, December 12, 1992 Conclusions of the Presidency with concern reports from Kinshasa 22. The European Council notes the government and suspended the that President Mobutu has dismissed by the National of the democratic reforms decided implementation the The European Council reaffirms Sovereign Conference of Zaire. process in Zaire, condemns it attaches to the democratic importance the and underlines its support for any interference with this process the National Conference. present government appointed by that the community and its Member 23. The European Council recalls in recent months about the have had cause to express concern States It is number of African countries. human rights situation in a being made in many encouraged by the continuing efforts nevertheless human of democracy, good government, countries to apply the principles policies. The Community and its rights and to implement sound economic support these efforts. Member States will continue to El Salvador reached with satisfaction the progress 24. The European Counci 1 notes Peace Agreement signed on 16 January so far in the fulfilment of the and the Farabundo Marti the Government of El Salvador 1992 between to the also welcomes the adjustment National Liberation Front. It by the UN Secretary General. It implementation programme, as proposed will ensure national that these positive developments hopes on 15 an end to the armed conflict reconciliation thus putting December. upon both parties to show flexibility 25. The European council calls remaining commitments and to allow the fulfilment of the in order Member the European Community and its reaffirms the determination of to the national reconstruction States to maintain their contribution of El Salvador. pg0 EN SN 456/1/92 REV 1 - 99 - 22, 2992 conclusions of the Presidency - Edinburgh, December CFSP: preparatory work on security work already done by 26. The European Council notes the preparatory the mandate from the Foreign Ministers on security in connection with their work with Lisbon European Council and invites them to continue for a policy of the a view to defining the necessary basic elements of the Treaty. Union by the date of entry into force pgc EN SN 456/1/92 REV 1 - 100 - Edinburgh, December 12, 1992 Conclusions of the Presidency - ANNEX D.l DECLARATION ON THE FORMER YUGOSLAVIA pg\!1 EN SN 456/1/92 REV 1 - 101 - December 12, 1992 Conclusions of the Presidency - Edinburgh, and constitutes a serious threat to peace l. The tragedy in former Yugoslavia immense and unacceptable human suffering. stability in the region. It has created of Lord owen and Mr Council fully supports the unstinting efforts The European a on the former Yugoslavia, to promote Vance, under the International Conference for a peaceful settlement. Despite cessation of hostilities and negotiations to implement many of the agreements these efforts, the parties have failed will for peace has been demonstrated. reached at the London Conference. No real the conflict, and its brutality, lies with 2. The primary responsibility for the Bosnian Serbs. The principal victims of present leadership of Serbia and of the population of Bosnia-Herzegovina. In actions by all parties have been the Muslim the Serb forces in Bosnia defiance of UN Security Council Resolutions, ethnic campaign of military aggression, Herzegovina have undertaken a savage attacks in torture of civilians. The renewed cleansing and the persecution and campaign to seize territory and cities. Sarajevo are clearly part of a systematic against humanitarian law by the different Those responsible for all these crimes and brought to justice. The Serbian sides will be held personally accountable for fomenting the conflict in Belgrade bear an equal responsibility authorities it: influence and resources to restrain and for failing to use their undoubted authorities for their part to comply The European Council calls on the Croatian and to cooperate in good faith with the with all UN Security Council resolutions attackS on a share of the responsibility for peace process, since they too carry the Muslim population. the international community will not 3. The European Council reiterates that partition of by force. Nor will it accept the accept the acquisition of territory strongly supports the efforts of the eo Bosnia-Herzegovina. The European Council based on the proposals made by to arrive at a constitutional settlement Chairmen of recognition of the multi-ethnic character Ambassador Ahtisaari and on a mutual of the different communities of Bosnia-Herzegovina. The right of existence and guaranteed. Bosnia-Herzegovina should be respected imminent choice. If there is a radical 4. The Serbian nation faces a clear and in the peace process, Serbia will be change of policy and genuine co-operation community. The European Council gradually readmitted to the international forces who axe trying to bring Serbia supports'the efforts of those political the Belgrade regime continues its from the brink. If, on the other hand, back including community will take sterner action, present policies, the international and preventing Serb participation in tightening and extending existing sanctions isolate Serbia for a long time to any international body, which will totally States will send. observers to the come. The European Community and its Member of the CSCE. They will draw the forthcoming elections under the auspices authorities do not follow fair and just appropriate conclusions if the present procedurese pg(l) EN SN 456./1/92 REV 1 - 102 - - Edinburgh, December 12, 1992 Conclusions of the Presidency of the to the courage and steadfastness The European Council pays tribute 5. UNHCR, ICRC and the other the airlift, and of the ECMM, forces in UNPROFOR and the of relief provision. It endorses engaged in the dangerous task organisations European Council. It the commitments at the Birmingham measures to implement convoys. More allow the safe passage of humanitarian calls upon all parties to the to the civilian population through action is needed to provide protection in the Member States for areas and by providing refuge development of safe its Member of refugees. The Community and particularly vulnerable categories generously to the urgent humanitarian States will continue to respond support for UNSCR 787 which European Council reaffirms its requirements. The to ensure including military, to be taken provides for the necessary measures, assistance. the safe delivery of humanitarian in the Adriatic by WEU fully supports the action taken 6. The European Council its arms embargo. The Community and enforce UN sanctions and the and NATO to sanctions on the steps to assist in tightening Member States will take further full part. The European Council the riparian states to play their Danube and urge Serbia and of observers to the border between calls for the rapid despatch of UNSCR 786, the European view of the many violations Bosnia-Herzegovina. In in the Council should examine the situation Council believes the UN security 6 of that Resolution. light of operative paragraph The Serbian within Serbia must be restored. 7. The autonomy of Kosovo of human rights of the inhabitants exercise restraint and the authorities must presence in Council is in favour of a UN must be respected. The European Kosovo the Albanian also reiterates its call upon Kosovo. The European Council the necessary restraint. Government to continue to show to hold a the decision by the eo-Chairmen B. The European Council welcomes Committee of the International Ministerial level of the Steering meeting at of measures should discuss the series 16 December& The meeting Conference on on the parties to eo-Chairmen to intensify pressure necessary in support of the seriously on a Bosnian constitutiono end the bloodshed and to negotiate the Heads of State or Government Council, which brings together 9. The European give priority to peaceloving, will continue to of countries which are profoundly Yugoslavia. But given the order to resolve the crisis in political means in participate no choice but to promote and this tragic situation, it has gravity of be obliged to the international community may in further initiatives which undertake. pgo EN SN 456/1/92 REV 1 - 103 - - Edinburgh, December 12, 1992 Conclusions of the Presidency ANNEX D.2 MUSLIM WOMEN IN THE FORMER YUGOSLAVIA DECLARATION ON THE TREATMENT OF ' pg0 EN SN 456/1/92 REV 1 - 104 - December 12, 1992 Conclusions of the Presidency - Edinburgh, detention and rape of Muslim The European Council is appalled by the systematic unspeakable brutality, which form part women. It strongly condemns these acts of the Muslim community in Bosnia-Herzegovina, of a deliberate strategy to terrorise cleansing. Those responsible for these in order to achieve the purpose of ethnic accountable and brought to crimes against humanity will be held personally justice. camps and in particular camps for The European Council demands that all detention and secure access must be given to women should be immediately closed. Free those detained in the camps can be humanitarian organisations so that all assisted. favourably what further help The Community and its Member States will consider could be given to the victims. despatch of a delegation of all The European Council has decided on the rapid to investigate in all areas on· Member States, headed by Dame Anne Warburton, the facts received until now and to behalf of the Community and its Member States This delegation must be allowed free report urgently to the Foreign Ministers. in question. The European Council and secure access to the places of detention to support this mission~ calls upon the UN to adopt measures pgo EN SN 456/1/92 REV 1 - ~os - Edinburgh, December 12, 1992 Conclusions of ~he Presidency - ANNEX D.3 COMMONWEALTH OF INDEPENDENT STATES DECLARATION ON RUSSIA AND THE EN pg~ SN 456/1/92 REV 1 - 106 - - Edinburgh, December 12, 1992 Conclusions of the Presidency Council renews of the Soviet Union, the European One year after the dissolution from communism to democracy. its commitment to help the transition new friendships with the European Community are building The peoples of the of these crs. Our goal is the full integration peoples of Russia and of the systems. We are seeking to forge world's political and economic States into the values of respect for sovereignty; shared equal partnerships, based on new and well-being; and market political rights and social freedom, democracy, civil and enterprisee oriented economies and free despite the inevitable has been made in only one year, Substantial progress Yeltsin, under the authority of President difficulties. The.Russian Government, significance. We strongly reform measures of historic has brought in practical united and now under way aimed at a free, support the process of transformation prosperous Russia. of the CIS and its Member States and countries Co-operation between the Community unprecedented areas. Joint business rapidly. It is extending into is developing exchanges have been created. Friendly and new political relationships ventures efforts to handle levelso We are making joint have been initiated at various international crises. We shall continue to give the build on this co-operation. We pledge ourselves to to, for democracy. We shall seek possible support to those striving strongest We are acutely conscious of and technical co-operation& develop trade, investment those who and shall work closely with problems of national minorities, the many where conflict has and to find peacefui solutions seek to pre-empt confrontation out. broken of the commonwealth of sees partnership with members The European Council closer together commitment to bring our peoples Independent states as a long-term over the next generation. pg0 EN SN 456/1/92 REV 1 - 107 - - Edinburgh, December 12, 1992 conclusions of the Presidency ANNEX D.4 EAST PEACE PROCESS DECLARATION ON THE MIDDLE EN SN 456/1/92 REV 1 ,, - 108 - December 12, 1992 Conclusions of the Presidency - Edinburgh, for the Middle East Peace Procees The European Council reiterates its full support and the role of the eo-sponsors. It in both its bilateral and multilateral aspects, incoming administration in the United welcomes the commitment to the process of the to play an active and constructive part States. The European Community will continue of principle on the basis for a in the process in accordance with its positions just, lasting and comprehensive settlement. a settlement is in the interests of The European Council is convinced that such and the Middle East region as a Israel and its neighbours, of the Palestinians, a great opportunity which must be seized whole. The current peace process represents are to be avoided. The European Council if dangers to the stability of the region ahead with the negotiations constructively. calls on all part~es concerned to press of assuring respect for human rights The European Council stresses the importance as a means of increasing the level and of implementing confidence-building measures negotiations forward. of trust between the parties and taking the EN SN 456/1/92 REV 1 pg~