The EU’s Enlargement and Mediterranean Strategies Also by Marc Maresceau

ENLARGING THE EUROPEAN UNION (editor) The EU’s Enlargement and Mediterranean Strategies A Comparative Analysis

Edited by

Marc Maresceau Professor of European Community Law European Institute University of Ghent Belgium and Erwan Lannon Researcher European Institute University of Ghent Belgium

Preface by Willy De Clercq

in association with European Institute, University of Ghent Editorial matter and selection © Marc Maresceau and Erwan Lannon 2001 Preface © Willy De Clercq 2001 Chapter 1 © Marc Maresceau 2001 Chapters 2–16 and Conclusion © Palgrave Publishers Ltd 2001 Softcover reprint of the hardcover 1st edition 2001 978-0-333-77281-2

All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 0LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2001 by PALGRAVE Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N. Y. 10010 Companies and representatives throughout the world PALGRAVE is the new global academic imprint of St. Martin’s Press LLC Scholarly and Reference Division and Palgrave Publishers Ltd (formerly Macmillan Press Ltd). ISBN 978-1-349-41583-0 ISBN 978-0-333-97781-1 (eBook) DOI 10.1057/9780333977811 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data The EU’s enlargement and Mediterranean strategies : a comparative analysis / edited by Marc Maresceau and Erwan Lannon ; preface by Willy De Clercq. p. cm. Includes bibliographical references and index.

1. European Union—Mediterranean Region. 2. European Union. 3. European Union countries—Economic policy. I. Maresceau, Marc. II. Lannon, Erwan, 1968– HC240.25.M4 E94 2000 337.1'42—dc21 00–041513

10987654321 10 09 08 07 06 05 04 03 02 01 Contents

Foreword vii Willy De Clercq Acknowledgements ix Notes on the Contributors x List of Abbreviations and Acronyms xiv Introduction: the Need for a Pan-Euro-Mediterranean Strategy – the Triangular Approach xvii Marc Maresceau and Erwan Lannon Part I The Political and Security Dimension 1 The EU Pre-Accession Strategies: a Political and Legal Analysis Marc Maresceau 3 2 Europe’s Mediterranean Strategy: the Security Dimension Álvaro de Vasconcelos 29 3 Towards a Pan-Euro-Mediterranean Association of Proximity Jean Raux 42 4 Differentiation and Association within the Pan-Euro-Mediterranean Area Catherine Flaesch-Mougin 63 5 The Many Faces of EU Conditionality in Pan-Euro-Mediterranean Relations Erwan Lannon, Kirstyn M. Inglis and Tom Haenebalcke 97 Part II The Economic and Financial Dimension 6 Agenda 2000 and EU Budget Strategy: Funding Enlargement and Relations with Eastern and Southern Neighbours Geoffrey Denton 141 7 The Optimum Strategy for a Spoke: Linking with Other Spokes or Other Hubs? Alfred Tovias 153 8 Free Movement of Services and the Right of Establishment in a Pan-Euro-Mediterranean Economic Area: Between EU Membership and the GATS Lode Van Den Hende 169

v vi Contents

9 Towards a Pan-Euro-Mediterranean Integration: a Survey of Issues in the Agricultural Sector Marianne Dony 193 10 Pan-European Rules of Origin and the Establishment of the Euro-Mediterranean Free Trade Zone Stefano Inama 199 11 The Financial Assistance of the European Union to Its Eastern and Southern Neighbours: a Comparative Analysis Alain Guggenb¨uhl and Margareta Theelen 217 Part III The Socio-Economic and Human Dimension 12 EU Pre-Accession Strategy: the Social Dimension Andrei Popescu 257 13 The Economic, Social and Political Impact of the Euro- Mediterranean Partnership Bichara Khader 269 14 Company Law Harmonization and Reform as a Vehicle for Regional Integration Peter G. Xuereb 283 15 Towards Pan-Euro-Mediterranean Environmental Co-governance Kirstyn M. Inglis 303 16 The European Union and Migratory Pressure from the Mediterranean and Central and Eastern Europe Kris Pollet 335 General Conclusion: Towards a Pan-Euro-Mediterranean Regional Integration – Motivation and Objectives 367 Péter Balázs Appendix: the Network of Bilateral Agreements in the Pan-Euro-Mediterranean Area (1 January 2000) 379 Index 384 Foreword

The publication of this book comes at an important moment in time. We are currently living through major changes in Europe. The third phase of Economic and Monetary Union and the enlargement strategy of the European Union are part of a historical process which will shape, in an irre- versible way, the future of Europe. At the same time the Member States are aware that an ambitious policy to the southern periphery of the EU forms a counterpart to the policy of openness to the East and, as it was stressed at the 1995 Cannes European Council, ‘gives the European Union’s external action its geopolitical coherence’. Such a coherence is of crucial importance to the stability and security of the Pan-Euro-Mediterranean Area as a whole. This is precisely the focus of the research undertaken in this book. The challenges which Europe is facing are numerous. To keep a future Union of 25 to 30 members operational is indeed a real challenge for the EU, and as the Treaty of Amsterdam does not meet the requirements for preparing for such an enlarged Europe there is a need for intensive further reflection, not only on the institutional structure and the various specific policies to be developed but also, and perhaps even in the first place, on what role Europe will have in the new global environment and more in particular in its periphery. Agenda 2000 and the Commission’s opinions on the applications for membership of the various Central and Eastern European Countries (CEECs) have put in motion a process that first led towards accession nego- tiations with five CEECs together with Cyprus. Parallel with these negotia- tions pre-accession strategies were further developed with all the CEECs through Accession Partnerships. The 1999 Helsinki European Council has taken important decisions ‘marking a new stage in the enlargement process’. Turkey was recognized as a ‘candidate State’ while accession nego- tiations are now also opened with the remaining five CEECs and Malta. However, it is absolutely indispensable not to disregard in this enlarge- ment process what will happen with the European periphery of this new Europe, in particular Russia. Of course, the same holds true for the Mediterranean Non-Member Countries. The strategic importance of the Mediterranean basin called for rebalanc- ing the EU’s external relations. This was one of the main aims of the Barcelona Conference held in November 1995 that brought together the fifteen EU Member States and twelve Mediterranean Non-Member Countries in order to lay down the foundation for a Euro-Mediterranean Partnership. This conference was an event of major importance because it brought together some countries which are still in conflict with one

vii viii Foreword another, and also because it has changed the nature of our relations with the southern periphery of the EU. The three baskets of the Barcelona Declaration are of equal importance and complementary to each other: a political and security partnership intended to define a common area of peace and stability based on demo- cracy and respect for human rights; an economic and financial partnership aimed at constructing a zone of shared prosperity; a partnership in the social, cultural and human fields to promote understanding between cultures and exchanges between civil societies. As it looks today, no doubt, Europe will remain the most important actor in the field of trade and economics. But in order to fulfil its role in the international scene it has to play a constructive and active political role proportional to its economic strength. A necessary step in this direction is a coherent policy towards the Mediterranean and the Middle East. The new political, economic and social issues on both sides of the Mediterranean basin constitute common challenges calling for a co- ordinated overall strategy. The introduction of a new preferential policy towards the South on a par with the preferential policy towards the East constitutes a first but important step in this direction. It may reasonably be expected that the next Euro-Mediterranean ministerial meeting that will be held in 2000 under the French Presidency will be an opportunity to confirm these options and challenges. Obviously, there is still considerable work to be done. On the one hand, applicant countries for EU membership still have to do a lot towards the integration of the acquis communautaire. On the other hand, negotiations and implementation of the new Euro-Mediterranean Association Agreements will have to be accelerated. Another task for the future is indeed to define a much more consistent common approach to the southern and eastern peripheries of the EU. Globalization is an irreversible process. But without a firm political will it cannot succeed. In this regard it should also be noted that a strong empha- sis will have to be put on the social and human factors. There is a com- pelling need for the Union to adapt itself to the new challenges and therefore to be the anchor of stability for the Pan-Euro-Mediterranean Area. No doubt, this book is one of the rare studies embracing, through a com- parative and prospective approach, the emerging pan-Euro-Mediterranean regional integration. It will for policy-makers, scholars and practitioners constitute an indispensable tool of reference.

Willy De Clercq Minister of State and Member of the President Europees Instituut VZW Ghent, 5 January 2000 Acknowledgements

The publication of this book would not have been possible without a solid scientific backing from the University of Ghent. Through several research projects, in particular a university GOA Project and an ‘Interuniversity Pole of Attraction (IPA)’ Programme (Universities of Liège, Ghent and Brussels) together with a Tournesol Project, implemented within the framework of the bilateral scientific co-operation between Belgium and France linking the European Institute of the University of Ghent with the CEDRE of the University of Rennes I, it was possible to lay the foundations of this book. This project also benefited very much from the co-operation of the Trans- European Policy Studies Association (TEPSA), which, among other things, provided an adequate network offering the required expertise on a number of subjects. Furthermore, a number of experts from other institutions and associations co-operated in this project. We have many debts of gratitude to all those who have been involved in this project. This book would never have been published if it had not had the gener- ous financial support of the Europees Instituut VZW. Financial support was also provided by the IPA project, TEPSA and the University of Ghent, Department of International Relations. This allowed us, in preparation for this book, to organize a workshop at which the drafts of the various papers were discussed. The real editorial work, of course, came later. In this respect, special thanks go to all those who have been closely involved in providing assistance to the editors. In particular we would like to express our sincere thanks to Ms Kirstyn Inglis for her substantial editorial assis- tance, and for the translations of the contributions of Jean Raux and Catherine Flaesch-Mougin as well as for the linguistic revision of the man- uscript. We are also very grateful to Mrs Anne Rafique for her invaluable help in the final editorial review of the manuscript of this book.

Marc Maresceau Erwan Lannon Ghent, 1 January 2000

ix Notes on the Contributors

Péter Balázs is currently Ambassador of Hungary to Germany. He is a Professor of the Budapest School of Economics, lecturing on theories and praxis of European integration. He graduated at the Budapest School of Economics and joined the Hungarian Ministry of Foreign Trade. He was the representative of Hungary to the EC in Brussels (1982–87) and afterwards led negotiations with the OECD, EFTA and other regional economic organ- izations. He was a State Secretary at the Hungarian Ministry of Trade and Industry (1992–93) and Ambassador of Hungary to Denmark (1994–96).

Willy De Clercq studied law at the University of Ghent and social science at Syracuse University, USA. He has been a Vice-Prime Minister, Minister of Finance of the Budget and of Foreign Trade in the Belgian government. He was Member of the Commission of the European Communities (Delors I) from 1985 until 1989, responsible for Economic External Relations and Foreign Trade. He is currently a Member of the European Parliament and the Chairman of the Committee on Legal Affairs and Citizens’ Rights of the European Parliament. He was Member of the Belgian Chamber of Representatives for 26 years and since 1989 Minister of State. He is President of the European Institute VZW.

Geoffrey Denton was Professor and Head of the Economics Department at the College of Europe, Bruges, from 1973 to 1983. From 1983 to 1993 he was Director of the British Foreign Office’s Wilton Park Conferences. Since 1993 he has been a Senior Research Fellow at the Federal Trust, London, and has contributed to TEPSA, Brussels on EU Enlargement to Central and Eastern Europe, focusing on budgetary issues and reform of EU policies and institutions.

Marianne Dony teaches European law at the Université Libre de Bruxelles and is in charge of the course on the Common Agricultural Policy. She is Director of the Legal Department of the Institut d’Etudes Européennes of the Université Libre de Bruxelles, a member of the Interuniversity Pole of Attraction (IPA) network (European Integration Law) of the Universities of Liège (IEJE), Ghent (EI) and Brussels (IEE). She is the editor of L’Union Européenne et le Monde après Amsterdam (Brussels: ULB, Etudes Européennes, 1999).

Catherine Flaesch-Mougin is Professor at the University of Rennes I – Pˆole europ´een Jean Monnet and Director of the Centre de Recherches

x Notes on the Contributors xi

Européennes (CEDRE-CNRS-UPRESA-6050). She holds a Jean Monnet Chair and is specialized notably in the external relations of the EU and in the financial and institutional aspects of the EU. She is the co-editor of Le Partenariat entre l’UE et les Amériques: Le Libre Echange en Question (Rennes: Apogée, 1999).

Alain Guggenbühl is Lecturer on European Governance at the European Institute of Public Administration in Maastricht. He also teaches European policies at the Catholic University of Mons. He is a member of Team Europe Brussels, a panel of visiting lecturers of the ’s Press and Communication Service. His publications have notably dealt with eastern enlargement, the Amsterdam Treaty, Social Europe and EU openness and transparency.

Tom Haenebalcke is a Researcher at the European Institute of the University of Ghent within the framework of a project (‘geconcerteerde onderzoeksactie’, GOA) financed by the Ministry of Education of the Flemish Community (Universiteit Gent, BOF).

Stefano Inama is an UNCTAD project manager co-ordinating various tech- nical assistance programmes helping developing countries in trade negotia- tions and intergovernmental disputes. He graduated from the University of Bologna (Italy) and from the College of Europe. He has worked extensively on the trade issues contained in various trade agreements and their rela- tions and linkages with the multilateral trading system. He is currently engaged in studies and technical assistance projects on regional integration in the Mediterranean region, especially the AMU (Arab Maghreb Union) and the Pan-Arab Free Trade Area.

Kirstyn M. Inglis qualified as a Scottish solicitor, having worked in English City law firms and Brussels-based legal consultancies. She has edited and contributed to trade law and EU environment law publications. She now works as a Research Assistant at the European Institute of the University of Ghent, in the framework of a project (‘geconcerteerde onderzoeksactie’, GOA) financed by the Ministry of Education of the Flemish Community (Universiteit Gent, BOF).

Bichara Khader is Professor at the Université Catholique de Louvain and Director of the Centre d’Etudes et de Recherches sur le Monde Arabe Contemporain. He is the author of more than twenty publications on the Arab world and Euro-Mediterranean relations. His last publication is enti- tled L’Europe et la Palestine: Des Croisades à Nos Jours (Paris: l’Harmattan, 1999). xii Notes on the Contributors

Erwan Lannon studied law at the University of Rennes I (CEDRE) and political science at the Université Libre de Bruxelles (CERIS). He has been a consultant to UNCTAD and has worked at the Delegation of the European Commission to Israel. He is currently working at the European Institute of the University of Ghent within the framework of the Interuniversity Pole of Attraction (IPA): European Integration Law, Universities of Liège (IEJE), Ghent (EI) and Brussels (IEE). He is the author of several studies and articles on Euro-Mediterranean relationships.

Marc Maresceau studied at the University of Ghent, the Johns Hopkins University, Bologna and at the Institut Universitaire de Hautes Etudes Internationales, Geneva. He was Leverhulme Fellow at the University of Edinburgh and Visiting Professor at various universities. He teaches European law and institutions at the Universities of Ghent and Brussels, he is the Director of the European Institute at the University of Ghent and holds a Jean Monnet Chair. Many of his publications concentrate on the external relations of the European Union, in particular relations between the European Union and Central and Eastern Europe.

Kris Pollet was a Researcher at the European Institute of the University of Ghent from 1994 until 1999 doing research on the immigration and asylum polices of the EU in the framework of an FKFO project financed by the Fund for Scientific Research (FWO). He is currently working at the Legal Department of the Overlegcentrum voor Integratie van Vluchtelingen (OCIV – Flemish Refugee Council).

Andrei Popescu was awarded a PhD in law at the University of Bucharest in 1980. He was Director in the Ministry of Labour and Social Protection between 1990 and 1996. He was Romania’s governmental representative in the ILO governing body between 1994 and 1996. Currently, he is University Professor in the National School for Political Studies and Public Administration and Head of the Department of Approximation of Legislation with Community Regulations in the Legislative Council. He is the author of many publications and studies in the field of labour and social security law. The publication The International Labour Law (Bucharest: Holding Reporter Publishing House, 1998) was given an interdisciplinary research award.

Jean Raux, is Professeur émérite at the University of Rennes I – Co- ordinator of the Pˆole europ´een Jean Monnet and former Professor at the College of Europe (Bruges-Natolin). His main areas of research are the exter- nal relations of the EU and the constitutionalization process of the EU. He is the co-editor of Le Partenariat Entre l’Union Européenne et la Fédération de Russie (Rennes: Apogée, 1998). Notes on the Contributors xiii

Margareta Theelen is Researcher at the Trans-European Policy Studies Association (TEPSA). She is co-author of the publications From Europe Agreements to Accession. The Integration of the Central and Eastern European Countries into the European Union (Brussels: European Interuniversity Press, 1996) and L’Union européenne … Faisons la Route Ensemble (Brussels: Artis Historia, 1998).

Alfred Tovias is Associate Professor at the Department of International Relations and Deputy Director of the Helmut Kohl Institute for European Studies of the Hebrew University in Jerusalem. He has been a consultant to UNCTAD and to the World Bank. He is the author of Tariff Preferences in Mediterranean Diplomacy (London: Macmillan, 1977) and Foreign Economic Relations of the European Community: The Impact of Spain and Portugal (Boulder, Co: Rienner, 1990), and co-author of The Economics of Peace- Making: Focus on the Egyptian–Israeli Situation (London: Macmillan, 1983).

Lode Van Den Hende holds a Law degree and LLM from the University of Ghent and is teaching assistant at the European Institute. He works as an attorney in various areas of Community and WTO law. He has been legal adviser to the Belgian Delegation to the 1996 Intergovernmental Conference.

Álvaro de Vasconcelos is Director of the Institute for Strategic and International Studies (IEEI) of Lisbon and member of the Steering Committee of the Euro-Mediterranean Study Commission (EuroMeSCo). He specializes notably in the external relations of the EU and more particu- larly in Common Foreign and Security Policy and defence issues. He is the editor of La PESC, Ouvrir l’Europe au Monde (Paris: Presses de Science Po, 1998).

Peter G. Xuereb LLD (Malta), LLM (London), PhD (Cambridge) is Professor of European and Comparative Law, Head of the Department of European and Comparative Law, and Chairman of the European Documentation and Research Centre at the University of Malta. Until 1993, he held academic posts at West London University, Exeter University and the University of London. He is a consultant in European Union law and transnational busi- ness law and is head of the EU law unit in the firm of Tonna, Camilleri and Vassallo. List of Abbreviations and Acronyms

AA Association Agreement ACP African, Caribbean and Pacific States AMU Arab Maghreb Union APs Accession Partnerships ASEAN Association of South-East Asian Nations BD Barcelona Declaration BP Barcelona Process Bull. EU Bulletin of the European Union CA Co-operation Agreement CAP Common Agricultural Policy CDE Cahiers de Droit Européen CEECs Central and Eastern European Countries CEFTA Central European Free Trade Agreement CEN Comité Européen de Normalisation CFSP Common Foreign and Security Policy CIS Commonwealth of Independent States CMLRev Common Market Law Review COMECON Council for Mutual Economic Assistance CSCE Conference on Security and Co-operation in Europe CTH Change in Tariff Heading CU Customs Union EAs Europe Agreements EC European Community ECJ European Court of Justice ECOS-OUVERTURE Inter-regional co-operation with areas outside the European Union ECR European Court of Justice Reports EEA European Economic Area EFARev European Foreign Affairs Review EFTA European Free Trade Association ELRev European Law Review EMAAs Euro-Mediterranean Association Agreements EMP Euro-Mediterranean Partnership EMU Economic and Monetary Union ESCWA United Nations Economic and Social Commission for Western Asia EUROFOR Rapid Deployment Euroforce EUROMARFOR European Maritime Force

xiv List of Abbreviations and Acronyms xv

ERDF European Regional Development Fund FDI Foreign Direct Investment FRY Federal Republic of Yugoslavia FTA Free Trade Area FYROM Former Yugoslav Republic of Macedonia GATS General Agreement on Trade in Services GATT General Agreement on Tariffs and Trade GDP Gross Domestic Product GSP General System of Preferences IA Interim Agreement IGC Intergovernmental Conference ILO International Labour Organization IFOR Implementation Force IMF International Monetary Fund INTERREG Trans-European co-operation intended to encourage harmonious and balanced development of the European territory JCMS Journal of Common Market Studies JHA Justice and Home Affairs JWT Journal of World Trade KFOR Kosovo Force LIFE Financial instrument for the environment MAP Mediterranean Action Plan m ecu Million ecu MEDA Financial and Technical Measures to Accompany the Reform of Economic and Social Structures in the Framework of the Euro-Mediterranean Partnership MENA Middle East North Africa MEPP Middle East Peace Process METAP Mediterranean Environmental Technical Assistance Programme MERCOSUR Southern Common Market M euro Million euro MNMCs Mediterranean Non-Member Countries MRAs Mutual Recognition Agreements MTNs Multilateral trade negotiations NAFTA North American Free Trade Agreement NATO North Atlantic Treaty Organization NGO Non-Governmental Organization NIP National Indicative Programme NIS New Independent States of the former Soviet Union NPAA National Plan for the Adoption of the Acquis NTBs Non-Tariff Barriers xvi List of Abbreviations and Acronyms

OBNOVA Initiative for the rehabilitation and reconstruction of Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia OECD Organization for Economic Co-operation and Development OJ Official Journal of the European Communities OSCE Organization for Security and Co-operation in Europe PA Palestinian Authority PCA Partnership and Co-operation Agreement PEMA Pan-Euro-Mediterranean Area PHARE Poland–Hungary Aid for Economic Restructuring PfP Partnership for Peace QRs Quantitative Restrictions RAE/LEA Revue des Affaires Européennes/Law and European Affairs REC Regional Environmental Centre for Central and Eastern Europe REMI La Revue Europ´eenne des Migrations Internationales RIAs Regional Integration Agreements RMCUE Revue du Marché Commun et de l’Union Européenne RTDE Revue Trimestrielle de Droit Européen SEA Single European Act SFOR Stabilization Force SMAP Short and Medium Term Priority Environmental Action Programme STIMENA Swiss Trade Initiative for the Middle East and North Africa TACIS Programme for Technical Assistance to the Commonwealth of Independent States TCA Trade and Co-operation Agreements TEU Treaty on European Union UCLAF Unité de Co-ordination de la Lutte AntiFraude – Unit on Co-ordination of Fraud Prevention UN United Nations UNCTAD United Nations Conference on Trade and Development USITC United States International Trade Commission VCLT Vienna Convention on the Law of Treaties WEU Western European Union WTO World Trade Organization Introduction: the Need for a Pan-Euro-Mediterranean Strategy – The Triangular Approach Marc Maresceau and Erwan Lannon

The purpose of this study is, in the first place, to analyse and compare the preferential relations between the EU and its eastern and southern periph- eries, and then to stimulate further reflection on pan-Euro-Mediterranean regional integration. The respective frameworks for these relations share considerable similarities but also important differences (Péter Balázs).

Association and differentiation

It is true that the legal basis of the bilateral frameworks with the CEECs remains a ‘classical’ one, that is to say that Europe Agreements are, after all, association agreements. Association agreements are also the bilateral legal framework for relations with the Mediterranean Non-Member Countries (MNMCs), regardless of whether they are candidates for accession or not. Since, at least from a legal point of view, association is a common denomi- nator for the relationships with the ten eastern candidates and southern EU neighbours (the Agreement concluded between the EC and the PLO for the benefit of the Palestinian Authority being a special case), two contributions in this book unravel the many mysteries surrounding this basic notion. Indeed, association is far from being a monolithic concept and has many faces and forms of appearance. Therefore, when approaching this notion in the context of our study, differentiation provides the vantage point of ref- erence (Catherine Flaesch-Mougin). Interestingly enough, thanks to the fact that it is multifaceted, it may serve to improve the quality of relation- ships for those still having a long way to go or who are simply excluded from the enlargement dynamic. It is in this context that the concept of association of proximity has been suggested and developed (Jean Raux). But, however important the legal basis for developing relationships between the EU and third countries may be, it is interesting to note that the enlargement-dimension phenomenon largely falls outside the formal framework of the association agreements. The role of the European Council has been predominant in providing the political impetus and in formulat- ing the political conditions for EU membership. Of course, the role of the European Commission in the long accession process is also crucial. The joint efforts of these two institutions have produced the pre-accession strat- xvii xviii Marc Maresceau and Erwan Lannon egy whereby candidate countries politically, legally and economically are gradually brought closer to the EU. As at the time of writing, the various stages of this pre-accession phase, which is not yet completed, are explained and analysed (Marc Maresceau).

The Mediterranean flavour of EU enlargement

Enlargement is not exclusively a matter for the CEECs. Cyprus, Malta and Turkey are also part of the enlargement process and this unequivocally brings a Mediterranean dimension to the enlargement debate. An important and unavoidable question raised in connection with any reflection on enlargement is where to draw the borders of enlargement. Turkey, although a candidate since 1987, had been left aside by the Commission in Agenda 2000 and the 1997 Luxembourg European Council for various reasons. As a result of this, relations between the EU and Turkey went through a difficult and strained period. Turkey felt discriminated against and it was only at the 1999 Helsinki European Council that she was granted candidate status. However, accession negotiations with Turkey will only start once the Copenhagen political conditions can be satisfied. That is to say that Turkey is now facing a substantial political challenge and that its candidate status does not necessarily mean its admission. Indeed, the admission of Turkey has its opponents within the EU and in Turkey. One should also not forget that the integration of this regional power into the European Union would have tremendous (geo)political consequences. The EU will, in such a case, directly border Armenia, Georgia, Iran, Iraq and Syria – and via the Black Sea, countries such as Ukraine and the Russian Federation. In this particular case as well as at the regional level (i.e. in the Pan-Euro-Mediterranean Area), conditionality should be implemented in the framework of a more constructive and coherent approach and the export of the Community model should be tactfully implemented by the EU (Erwan Lannon, Kirstyn Inglis, Tom Haenebalcke). One of the main considerations in favour of the incorporation of Turkey in the enlargement process is that such a move constitutes a major factor in guaranteeing peace and stability in Europe. Indeed, the stability of the Mediterranean basin and of the Middle East is in the interests of the European continent as a whole. Therefore, Mediterranean Non-Member Countries should be treated as full partners in any security arrangements in which they are concerned (Álvaro de Vasconcelos).

The Russia factor

Security is also one of the leading underlying driving forces for EU enlarge- ment eastwards. However, in the long run this may prove to be true only if Introduction xix an adequate relationship with Russia is established. For the moment, Russia is not an associate country or candidate for accession and is thus not included in the enlargement process. An enlargement that would leave Russia feeling pushed aside or an underdog in any way would not be advantageous. Therefore, it appears that opening up a dialogue with Russia is an urgent imperative in order to explore its perceptions of the possible positive but certainly also the adverse effects of EU enlargement. Several contributions have incorporated the impact of enlargement on Russia (Jean Raux, Catherine Flaesch-Mougin, Marc Maresceau).

Connecting the EU’s southern and eastern peripheries

Connecting the EU’s southern and eastern peripheries is not an easy task. However, since the 1991 Intergovernmental Conference, the idea of equilib- rium between the policies implemented by the EU towards its eastern and southern peripheries has emerged. The 1995 Cannes European Council, for example, endorsed this new approach by asserting that ‘an ambitious policy to the South forms a counterpart to the policy of openness to the East’. The concept of a ‘geopolitical coherence’ in the EU’s external actions is nevertheless still in its infancy, even if the 1999 Helsinki European Council stressed that there was a need ‘to ensure that optimum use is made of all the various means at the Union’s disposal for more effective and com- prehensive external action by the Union’. But the EU–CEECs–MNMCs triangle remains an imperfect one. Interconnections between the two preferential zones are to be developed and the specificities of the strategies and interests of the EU’s partners are to be taken into account (Alfred Tovias). Interrelations and common inter- ests are obvious. The transboundary nature of the environment (Kirstyn Inglis), migratory pressures (Kris Pollet) and terrorism (Álvaro de Vasconcelos) are clear, and such issues are particularly sensitive in the Pan- Euro-Mediterranean Area. No doubt such challenges cannot be resolved effectively without creating appropriate Pan-Euro-Mediterranean fora. Dialogue is the key, misperception the danger.

Towards a Pan-Euro-Mediterranean regional integration: challenges ahead

In the process of linking the Central and Eastern European Countries with the Mediterranean Non-Member Countries key trade issues remain numer- ous. The agricultural sector is of crucial importance as Pan-Euro- Mediterranean regional integration will not be achieved without significant repercussions for the Common Agricultural Policy (Marianne Dony). One of the main objectives, in the first stage of integrating the Pan-Euro- Mediterranean region, is to create the conditions for the establishment of a xx Marc Maresceau and Erwan Lannon vast free trade zone. This presupposes notably a workable mechanism on rules of origin without which such an objective cannot be attained (Stefano Inama). Another aspect which is of considerable relevance in any modern approach to the concept of commercial policy is that of services. This is true in an intra-Community and enlarged Community context but services also constitute an area for further development in Euro-Mediterranean rela- tions (Lode Van den Hende). Most of these strategic trade aspects must be considered in the light of the expected Millennium Round but also through the willingness of the EU to export the Community model. The financial dimension of this emerging regional integration is also fun- damental. Connecting PHARE and MEDA financial programmes could be a first step in the right direction (Alain Guggenbühl and Margareta Theelen). Bringing together the economic operators is also of great importance and must be considered as an opportunity for further convergence (Peter G. Xuereb). On the other hand, one must be aware that enlargement has its price (Geoffrey Denton) and that enlargement cannot take place to the detri- ment of the EU’s Mediterranean partners. Furthermore, one should not forget the social dimension of enlargement (Andrei Popescu), nor can the social cost of the envisaged Euro-Mediterranean free trade zone be underes- timated. The creation of the conditions for social harmony and political stability (Bichara Khader) are fundamental preconditions for the creation of a viable regional integration. While it is clear that there are initiatives and programmes taking into account the emerging Pan-Euro-Mediterranean regional integration, the EU, at the beginning of the year 2000, has no clear ‘triangular policy’ nor any ‘Pan-Euro-Mediterranean strategy’. The creation of Pan-Euro- Mediterranean regional integration and the development of triangular co- operation are essentially a matter of political will. We hope the present study may, for its part, contribute to an understanding of the increasing complexity and interconnections of the EU’s relations with its eastern and southern peripheries.