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Home , Bohuslav Sobotka, Klaus Iohannis, Matteo Renzi, President of France, President of Slovenia

European Council

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The European Council December 2014 to April 2016

Print PDF ISBN 978-92-824-5590-6 ISBN 978-92-824-5602-6 ISSN 1977-3110 ISSN 2363-2828 Volume 1. May 2016 doi:10.2860/159459 doi:10.2860/919620 QC-AO-15-001-EN-C QC-AO-15-001-EN-N The European Council December 2014 to April 2016

Volume 1. May 2016 This publication is produced by the General Secretariat of the Council. www.consilium.europa.eu : Publications Office of the , 2016 Print ISBN 978-92-824-5590-6 ISSN 1977-3110 doi:10.2860/159459 QC-AO-15-001-EN-C PDF ISBN 978-92-824-5602-6 ISSN 2363-2828 doi:10.2860/919620 QC-AO-15-001-EN-N © European Union, 2016 Reuse is authorised provided the source is acknowledged. For any use or reproduction of photos or other material that is not under the EU copyright, permission must be sought directly from the copyright holders. Contents

The European Council: Report by President Finding in crisis Introduction 5 Securing Schengen 6 Economic recovery and avoiding Grexit 13 Responding to new security threats 19 Staying the course in 22 A new settlement for Britain 26 Conclusion 28

European Council meetings and Summits — December 2014 to April 2016 31

Conclusions of the European Council and statements by Heads of State or Government 33

3 ‘ has returned to , history is back, and such times need leadership and political unity.’ President of the European Council Donald Tusk in , 1 December 2014

Heads of State or Government meeting in the European Council on 17 March 2016 From left to right, above: PM of Luxembourg , PM of Māris Kučinskis, PM of , PM of , the of Ireland , PM of Tihomir Orešković, PM of Denmark Lars Løkke Rasmussen, PM of Beata Szydło, PM of Hungary Viktor Orbán, PM of , PM of Brey, PM of Sweden Stefan Löfven, PM of the Bohuslav Sobotka, PM of Miro Cerar, PM of Portugal António Costa, Federal Chancellor of , PM of Finland Juha Sipilä; below: the High Representative for Foreign Affairs and Security Policy , Federal Chancellor of Werner Faymann, PM of Taavi Rõivas, PM of Malta , President of the Jean-Claude Juncker, President of the Republic of Lithuania Dalia Grybauskaitė, President of the Republic of François Hollande, PM of the Netherlands , President of the European Council Donald Tusk, President of Klaus Werner Iohannis, President of the Republic of Cyprus , President of the , PM of Slovakia Robert Fico, PM of the United Kingdom Cameron, PM of Boyko Borissov, Secretary-General of the General Secretariat of the Council Jeppe Tranholm-Mikkelsen

4 Finding unity in crisis

Introduction

This report describes the work of the European Council, economic crisis and to complete a genuine Economic the European Union’s highest political body, during a and Monetary Union. Third, the European Union period of unique challenges from 1 December 2014 to must be strong internationally. Europe has to secure 30 March 2016. The chief priority during this time was its borders and support those in the neighbourhood to secure Europe’s unity while managing the various who share our values. And fourth, I consider the crises with which we were confronted. relations between Europe and the to be The European Union had to face an unprecedented the backbone of the community of democracies. These inward migration of asylum seekers which tested our relations must be strengthened. community to its limit. We had to find new settlements The role of the President of the European Council is to for Greece, regarding its future as a euro member, and convene the leaders of the European Union also for Britain ahead of an In/Out referendum on — the 28 heads of state or government along with EU membership. Simultaneously, we had to advance the President of the European Commission — to set pressing strategic priorities, including creating an political priorities and drive ’s work. Energy Union, remaining pro-active in our Eastern and The High Representative also attends our meetings Southern neighbourhoods, and working to complete which always start with an exchange of views with the Economic and Monetary Union. Lastly, there were European Parliament president. For economic debates external and internal threats where a European response the President of the is invited. was required, including terrorism and military conflict in Operationally, I have stressed the need for summit our neighbouring countries. outcomes to be clear and unambiguous. I also stepped This catalogue of urgent issues required EU leaders to up foreign travel in order to better represent the Union’s meet 15 times over the period in question. interests in our neighbourhood and further abroad. This was done with the aim of strengthening our strategic On my first day in office on 1 December 2014, I set out relationships at a critical time. my basic approach to tackling the challenges facing the European Union. This approach has not changed. First, The European Council is a dynamic institution, we must protect our fundamental values: solidarity, adjusting naturally to changing political realities. freedom and unity against the threats to the Union and Accordingly, since December 2014 we welcomed new its member states, coming from both inside and outside. leaders from Croatia, Denmark, Finland, Greece, Latvia, Second, we need ruthless determination to end the Poland, Portugal and Romania.

5 Securing Schengen

Prior to my time in office, global migration was not Iceland, a non-EU Schengen member. All participating typically an issue for European statecraft or leaders’ nations were coordinated by the Italian Maritime Search debates. Yet in 2015, month by month, a steady stream and Rescue Coordination Centre under the umbrella of asylum seekers and irregular migrants grew into of Frontex, the EU’s border agency. According to the an unprecedented tide across our external border. International Organisation for Migration, around This unrelenting flow of people became, as was often 3 400 people died in 2015 trying to reach the European repeated, the worst refugee crisis anyone in Europe had Union by sea. Through concerted European efforts, we dealt with since World War II. We did not cause this managed to save over 150 000. The European Council crisis. But like our neighbours, we had a duty to manage meeting in April also agreed on Operation Sophia, a and mitigate it. joint naval mission deployed to confront the smugglers Civil war and disorder in have created a heaven and sink their boats. By end 2015, Sophia had saved an for people smugglers, who combine a talent for spotting additional 8 000 lives and destroyed around legal and logistical vulnerabilities in Europe’s borders 70 smuggler vessels. with a callousness for human life. In early 2015, deaths Schengen under pressure in the Central Mediterranean rose sharply as people By the June European Council, the work that began smugglers sent thousands of people in unseaworthy under pressure of events in April had become more vessels from the coast of Libya every week towards Italy developed, focused and substantive. It was becoming and the island of . On 18 April the deaths of clear that the 2014-2015 flows — a mix of bona fide an estimated 700 people on a single vessel prompted a asylum seekers and economic migrants from developing Special European Council a few days later. Here leaders countries — risked turning into an indefinite, self- initiated plans that would gradually develop throughout sustaining phenomenon. People smugglers made the year, including on border management, asylum at least up to €6 billion over the course of the year, policy, return of irregular migrants and renewing our according to Europol. They sell access to Europe to migration diplomacy in , South Asia and the desperate people from unstable regions by word of . mouth and social media, and by plugging into criminal Two European Union sea border missions — networks in and around the European Union. On top in the Central Mediterranean of the thousands arriving daily in Italy, huge numbers and Operation Poseidon in the Aegean — were of irregular entrants appeared suddenly in the Western considerably expanded and, as a result, empowered , especially at Hungary’s border. This meant a to prevent further loss of life by carrying out rescue second smuggling ‘route’ had opened into the European missions at sea. This was European solidarity in . Union through Greece. In response, the June European Take Operation Triton and the sight of Britain’s HMS Council put in place a blueprint for action, defining the Bulwark, a navy vessel from a non-Schengen EU basic terms of the Union’s current strategy to contain country, saving lives alongside the ICGV Týr from and control migratory flows. These included the 6 ‘We need to correct the policy of open doors and windows. The focus should be on the proper protection of our external borders and on external assistance to refugees and the countries in our neighbourhood.’ Donald Tusk in Brussels, September 2015

creation of ‘hotspots’ in Greece and Italy to identify, The rationale was, and is, that each of these aspects register and fingerprint arrivals; voluntary relocation of should support the others. Asylum seekers must register asylum seekers from front-line member states; direct upon entering the Union, in accordance with our laws resettlement from conflict regions; and a much stronger and regulations, or jeopardise their rights. Those not in focus on returning those not in need of international need of international protection should be asked to leave protection. In parallel, we made clear the Union’s priority and detained, if necessary, while return arrangements to mainstream migration issues into its relations with the are made. Asylum seekers in front-line member states Western Balkan countries, , Jordan, Lebanon and that meet certain criteria should be relocated to other several African states. member states up to an eventual ceiling of 160 000,

The European Union saved over 150 000 lives at sea in 2015 due to the Frontex-coordinated joint operations Triton and Poseidon

77 ‘I want to state very clearly that we will not save Schengen, we will not save Europe, unless we strengthen external European borders.’ Donald Tusk in , November 2015

with 22 000 more to be resettled. Of course, for all of Aegean and the narrow stretch of water that divides these pillars to function, and for security concerns to be the Greek islands from the Turkish coast. Monthly met, the external border should be effectively manned entries at the Greek islands peaked at 215 000 in and guarded in accordance with the Schengen Borders October — which meant over 50 000 irregular entries Code. Protection of the EU’s external borders posed a to the European Union per week — most en route key challenge as it was not widely recognised as a sine to Germany and Sweden. Germany introduced the qua non condition. Therefore I have tried to make it plain first temporary internal border controls of the crisis and clear. If we want Europe to continue on its path of within the on 13 September. Over the solidarity, openness and freedom, we cannot abdicate next weeks, several other countries would follow suit, one of the most important duties that goes with public extending these controls until the year’s end and beyond. office. And the primary duty of public authority has At a second Special European Council in September, always been to provide security for its own community, it was agreed that, notwithstanding the tensions within and to protect its own territory, including through Schengen, the first priority was to address the well-being border control. of refugees in Jordan, Lebanon and Turkey. There was Substantial political and logistical difficulties were an urgent need to avoid widespread starvation amongst encountered in implementing our overall strategy. displaced people in the region. EU leaders agreed Countries were slow to build reception capacity, to increase funding to the UN Refugee Agency, the amongst other things, to support the functioning of World Food Programme and other key agencies by an the hotspots. It proved difficult to second sufficient additional €1 billion before the end of the year. personnel from already over-stretched national services I am glad to say this pledge was honoured and exceeded. to man the external border and hotspots on an ongoing Leaders also agreed more direct aid for Jordan, Lebanon basis. And managing the first ever serious attempt to and Turkey through the Union's so-called Madad Fund relocate refugees internally between European countries and to assist Western Balkan countries by coordinating ran into teething problems. In the world outside, we efforts to handle the refugee flows. were at an obvious disadvantage. In the case of Libya The October European Council welcomed a first in particular, the failure of the warring parties to come agreement with Turkey on a plan of action to manage in a Government of National Accord meant migratory flows in parallel with a deepening of our that there was no working Libyan administration with relations with this vital partner and candidate country. which to deal. This would include a €3 billion facility to assist the In the end, irregular arrivals in the Central refugees on Turkish territory. We also agreed that Mediterranean were lower in 2015 than the previous Frontex needed more powers and resources to man the year. This was because, by September, it was clear that external borders. These developments grew, respectively, the migrant route had shifted mainly to the east, to the into a useful meeting between the Union and Prime

8 ‘Some say the wave of migrants is too big to stop. That is dangerous. This wave of migrants is too big not to stop.’ Donald Tusk in Brussels, December 2015

Minister Davutoglu on 29 November; and — three rate of around 2 000-3 000 per day. This could not weeks later — strong support in principle from the continue and we could not afford to wait for the summer European Council to establish a European Border when inflows would start to spiral out of control again. Guard. With the list of unilateral border protection measures By late February 2016, it was clear that more radical growing by the day, my priority was to end months and decisive action would be necessary to end irregular of division and organise the member states around a migration to Europe. Despite winter conditions, illegal new European consensus based on a ‘comprehensive entries at the Greek islands continued to occur at the approach’. Amongst other things, this would include a

President Tusk visits the Nizip refugee camp in Turkey, near the Syrian border

99 ‘I appeal to illegal economic migrants wherever you are from: Do not come to Europe. Do not believe the smugglers. Do not risk your lives and your money.’ Donald Tusk in Athens, March 2016

shared commitment to close the Western Balkan route; model has meant huge logistical efforts from both sides, to end violations of the Schengen Borders Code and especially in the case of Greece. Crucially, Turkey also the practice of waving through migrants from country agreed to take responsibility to prevent other alternative to country; and deployment of massive and immediate routes from opening up to the European Union as humanitarian assistance to Greece. In addition, it was smugglers attempt to re-create the Western Balkan route necessary to bring our cooperation with Turkey to the elsewhere. next level. The migration crisis is an opportunity for closer During the first week of March 2016, a schedule of visits relations with an accession country with which our along the route — from Vienna to — helped connection goes deeper than any one issue. But our secure the co-operation of the main actors. Countries renewed cooperation does not mean weakening the agreed to end the wave through approach and Turkey right of asylum, or changing our often critical view of agreed to a system whereby it would accept back all Turkey’s approach to issues such as media freedom. non-Syrians entering the Greek islands illegally as well And the fundamental interests of all EU member states, as intercepting all unregistered vessels in Turkish waters. individually and as a group, are respected during this A NATO naval presence was established to link up and process. support Greek and Turkish co-operation against people In my view, what we achieved in the end was a final and smugglers in the Aegean. On 7 March, a further meeting balanced deal with Turkey at the European Council on with Prime Minister Davutoglu and the European 17 and 18 March 2016. But this took many hours of Council confirmed these new arrangements as well as negotiations, both with Turkey and with member states the closure of the Western Balkan route. which had their own specific concerns. It is now time However, Prime Minister Davutoglu came to our for all parties to work together to ensure that the new meeting convinced that an additional step was needed agreement fulfils its potential as a sensible humanitarian to end smuggling from Turkey to Greece. Ideas were response to an emergency that we hope is temporary advanced further with a view to breaking the link and extraordinary. It will remain a work in progress. between taking a boat in Turkey and claiming asylum in The Syrian refugee crisis is, as I told UN leaders in New the European Union. To achieve this, the Turkish prime York in September 2015 and leaders in Antalya minister proposed to take back all irregular arrivals on a few weeks later, a crisis of global dimensions. Europe the Greek islands on a 1-for-1 basis. Syrian refugees and the countries neighbouring are doing their would be taken back to Turkey and then resettled in best under difficult circumstances but the rest of the the European Union directly from Turkish territory. world must help too. This bold proposal to break the smugglers' business

10 ‘We have not come to make strangers of each other, but to become much closer and better neighbours.’ President Tusk, Valletta October 2015. Opening ceremony of the Valletta summit where European and African leaders discussed migration in Malta, November 2015

Making migration work summit will advance that goal in the coming months and years, not least stepped up development aid to All together EU member states, along with Norway participating countries through a new Emergency Trust and Switzerland, received over 1.3 million asylum Fund for Africa. Geography, demographics, power applications in 2015, a record number. But asylum shifts in the Middle East — as well as the impact of seekers can be welcomed and successfully integrated underestimated factors like — all suggest only if others with no legal right to stay are accepted that this will be a wise investment. During 2015, back by countries of origin and stable transit states. my conversations in refugee camps in Zaatari in Jordan, Equally, Europe must help put countries in Africa and as well as Nizip and Gaziantep in Turkey, only made this the Middle East on the path to stability and prosperity, more obvious to me. as much as it is in our power to do so. Therefore on 11 November, I invited over 70 African and European I hope that the bold plans agreed at Valletta deliver richly leaders to Valletta, Malta with the shared goal of turning for both regions and in time might become a model migration from a source of tension and tragedy into a for others. fruitful exchange between our peoples and countries. I am confident that the concrete measures agreed at this

1111 Leaders meet in the European Council to set out orientations for the work of the EU From left to right, above: Portugal's PM António Costa and France's President François Hollande; Lithuania's President Dalia Grybauskaité and Finland's PM Juha Sipilä; Romania's President Klaus Werner Iohannis and Austria's Federal Chancellor Werner Fayman; Latvia's PM Laimdota Straujuma and Slovenia's PM Miro Cerar; Germany's Federal Chancellor Angela Merkel and Poland's PM Beata Szydło; Malta's PM Joseph Muscat, Ireland's Taoiseach Enda Kenny and Greece's PM Alexis Tsipras; Italy's PM Matteo Renzi and the United Kingdom's PM ; President Tusk and Bulgaria's PM Boyko Borissov; Sweden's PM Stefan Löfven and Cyprus' President Nicos Anastasiades; the Czech Republic's PM Bohuslav Sobotka and Estonia's PM Taavi Rõivas; Croatia's PM Zoran Milanovic and Hungary's PM Viktor Orbán; Belgium's PM Charles Michel and Spain's PM Mariano Rajoy Brey; the Netherlands' PM Mark Rutte and Denmark's PM Lars Løkke Rasmussen; President of the European Commission Jean-Claude Juncker and Slovakia's PM Robert Fico; the High Representative for Foreign Affairs and Security Policy Federica Mogherini and Luxembourg's PM Xavier Bettel

12 Economic recovery and avoiding Grexit

When I took office, it was encouraging to see weak orientations for further measures to be taken in the but persistent signals that the EU economy was in longer term, including those possibly requiring changes better shape than the years before. Nevertheless, more to the EU treaties. Further to the presentation of the than 24 million men and women across the Union, report at the June European Council, the Commission of whom more than 5 million are under 25, were still made a number of proposals in the fall to make the unemployed in December 2014. This is unacceptable. short-term elements operational. The two-stage Reviving investment was key to strengthening the strategy put forward in the report was endorsed by economic recovery and boost job creation. This is why the December European Council and the Council is one of my first actions was to ensure the full support currently examining the first-stage proposals put forward of EU leaders for the Investment Plan for Europe, by the Commission. I am happy that with this report we which by the end of 2015 had already triggered about could firmly establish the process that will lead to further €50 billion in European investments. This focus on strengthening our Economic and Monetary Union in investment, coupled with member states’ commitment the years to come. to intensifying structural reforms and to pursuing The internal market remains Europe’s main engine for responsible fiscal policies will be the foundation for growth and jobs. Strengthening and deepening our more growth and jobs. single market is key to ensuring Europe’s prosperity on a Another big challenge was, and remains, to work sustainable basis. In today’s increasingly digitalised world, with euro area leaders to make our Economic and a deeper and fairer single market for goods and services is Monetary Union more resilient. Significant steps essential, but will not be sufficient to thrive in the coming towards a genuine EMU had been taken during the years. An ambitious Digital Single Market Strategy is key mandate of my predecessor, , to unleash new sources of growth for Europe. There will often in crisis situations, under financial market be no growth and no jobs without adequate financing of pressures. Making progress in stormy weather was a the European economy. Further integration of Europe’s political necessity. Making further progress after the capital markets is needed to provide European firms and storm was a political challenge. It was in this spirit entrepreneurs with more, and more diversified, sources that I together with the presidents of the European of financing in today’s globalised and highly competitive Commission, the , the European Central economy. The European Council discussed these Bank and the European Parliament, prepared the issues at its December 2015 meeting and urged rapid report ‘Completing Europe’s Economic and Monetary implementation of the Single Market Strategy, the Digital Union’. To make further progress, it was key to lay out Market Strategy and the action plan on Capital Markets the steps that could be achieved in the short term, Union. The European Union needs to move ahead swiftly including the completion of the Banking Union with with the strengthening of its internal market to secure a the establishment of a European Deposit Insurance competitive position in the world economy. Scheme. More importantly, we had to provide clear

13 Key negotiations on Greece's future as a member of the euro area.

President Tusk, Greek Prime Minister Alexis Tsipras and Greek Minister for Finance Euclid Tsakalotos

From left to right: President of the European Commission Jean-Claude Juncker, Greece's Prime Minister Alexis Tsipras, President Tusk, Secretary-General of the General Secretariat of the Council Uwe Corsepius, President of the European Central Bank , President of the Republic of France François Hollande, Federal Angela Merkel and President of the Eurogroup

Managing Director of the International Monetary 14 Fund and President of the European Central Bank Mario Draghi ‘Maybe the biggest mistake was this political blame game between creditors and Greece. Nobody here is an angel.’ Donald Tusk in Brussels, July 2015

Without any doubt, the Greek crisis represented the followed by the June European Council and two more greatest challenge faced by euro area countries in 2015, Euro Summits on 7 and 12 July. Our discussions were and the most serious yet in Greece’s membership of important to reassert a fundamental principle for the euro area. This crisis did not bring about financial financial assistance: euro area partners provide financial contagion, showing the resilience of the euro area as a assistance only against sound national policies. whole. This was not by chance, but the result of several However many hours it took, there was never any years of political commitment to the euro, including the question that I would allow the talks to fail. strengthening of the euro area institutional architecture. Not only the future of the euro area was at stake but Yet it was a severe political crisis within the euro area, of a united Europe as well. whereby diverging political positions put at risk the The comprehensive 12 July statement integrity of monetary union. As President of the Euro reasserted all the principles upon which financial Summit, it was my duty to undertake all efforts to assistance in the euro area is founded and set out a clear ensure mutual understanding between Greece and way forward. Over the following months, the Eurogroup Greece’s euro area partners. I created political room for took forward the work with Greece to implement the the President of the Eurogroup to take the negotiations €85 billion programme of assistance and embark on the forward. Progress made by the Eurogroup was essential reforms necessary to return the economy to for the preparation of the July Euro Summit deal. a sustainable recovery. But the clock was ticking and risks of very bad outcomes kept increasing during the first semester. Energy security and the climate After months of negotiations in the Eurogroup, Lower oil and gas prices gave Europe’s economies however, only full engagement by leaders in the talks an unexpected buffer in 2015, and the EU decided could bring a final breakthrough. An early escalation to use this time to build resilience in the field of energy. of the conflict between Greece and her creditors to The European Union is the largest energy importer leaders’ level would have been counterproductive. in the world, importing 90% of its crude oil and 66% It would have further eroded trust among euro area of its natural gas. Whereas in general the Union relies partners by politicising financial assistance and on a number of suppliers through both land and weakening the Eurogroup as the decision body on maritime routes, six member states depend on a single the euro area’s financial affairs. external supplier for their gas imports. It is a challenging situation given that political considerations clearly More than one summit was needed to iron out the influence supply decisions. differences between Greece and her partners. I decided to convene a Euro Summit on 22 June,

1515 ‘We have to demonstrate that prosperity is really returning. This is a race against time and against the populists.’ Donald Tusk in Brussels, March 2016

At the March 2015 European Council, leaders with the law and the energy security provisions of the gave their political agreement to detailed plans for a European Union. The significance of more focus on functioning Energy Union, setting out the first concrete energy security became clearer in December when steps to ensure sustainable, secure and affordable leaders debated the political implications of the Nord energy for all European citizens. To do this, action Stream II project. What we agreed is that any new is needed in five closely linked key areas: energy infrastructure should be fully in line with Energy Union security; the internal energy market; energy efficiency; objectives: the reduction of external dependency and reduction of emissions; and research, innovation and diversification of suppliers, sources and routes. competitiveness. Importantly, leaders agreed that all That is a clear condition for receiving support from the gas supply contracts – between governments and with EU institutions or any member state. businesses – will be more transparent, and fully comply

16 ‘Any new infrastructure should be fully in line with Energy Union objectives, such as reduction of energy dependency and diversification of suppliers, sources and routes.’ Donald Tusk in Brussels, December 2015

Over the course of 2015, the European Council agreed Europe made a significant contribution to COP21, to intensify the Union’s climate diplomacy. A major maintaining its leadership on this issue through the early goal was to create the best chances for success adoption of a number of key targets for the at the UN Climate Change Conference in in 2020-2030 period. These include inter alia a reduction

December (COP21). Leaders warmly applauded of at least 40% in CO2 emissions by 2030 compared to President Hollande and the French government for 1990 levels, to be achieved through the EU emissions their considerable efforts leading up to the historic deal trading system in the industry and energy sectors, the reached in Paris on 11 December. This was the first time interconnection of energy networks and other measures. ever a legally-binding agreement with a global scope The European institutions and member states will was concluded to combat climate change. It will be continue to build an Energy Union which provides implemented from 2020. energy security to all Europeans and is equipped with a forward-looking climate policy factoring in our future commitments under the Paris agreement.

Climate and energy policies are closely interlinked. The EU is committed to building an Energy Union that focuses on energy supply, energy security, energy efficiency, and interconnection of energy infrastructure

1717 President Tusk reports to the European Parliament on the outcome of the European Council of 17-18 March 2016

18 Responding to new security threats

The attacks on the offices of Charlie Hebdo and a kosher As I said to members of the European Parliament supermarket in Paris marked 7 January as the first in a in a few weeks after taking office, the series of violent terror attacks over the course of 2015. European Union must build a coherent internal security But our common resolve not to be intimidated by such policy that delivers results or risk the freedoms that we acts was never in question. That resolve grew stronger have built at the European level, including Schengen. after 13 November when attacks at the Bataclan theatre These words were later borne out by the reimposition and elsewhere in central Paris left 130 people dead and of border controls in France during the state of hundreds more wounded. The attacks were the worst emergency introduced after the 13 November attacks, against France since 1945, and the most serious terror and the discovery that at least two terrorists had entered incident in Europe since the 2004 bombings. the European Union posing as refugees. Europe felt the losses on its own soil first and foremost. Over the course of 2015, EU leaders worked on a range Yet 2015 saw a wave of Islamist terror attacks all across of actions to reinforce the safety and security of our the world: from the US to Africa to the Middle East to citizens, prevent radicalisation and safeguard European Asia. Several of the most affected countries were our values, and to step up counter-terror co-operation from neighbours, and many of the victims were our citizens. the Western Balkans to the Sahel and the Middle East. However, the most numerous victims of Islamic Two key deliverables were better information-sharing militants remain non-European Muslims. between European counter-terror authorities, and the Beirut was attacked the day before the second Paris agreement of a European system for sharing passenger attacks in November, and Baghdad almost daily at name records (PNR) so that it becomes possible various times throughout 2015. and Turkey to track the movements of foreign fighters and other were two democracies singled out for special attention serious criminals more accurately. by the terrorists. In Tunisia, Islamic extremists were Thanks to a skilful Luxembourg , clearly attempting to undermine the confidence of EU interior ministers were able to agree on the creation a young parliamentary democracy. The murderous of an EU PNR system two weeks after 13 November, rampages at the Bardo museum and Sousse beach bringing to an end several years of debate with the resort targeted foreign tourists and so one of the most European Parliament. Furthermore, important sectors of the economy. Similarly, Turkey member states made a major effort to exchange recorded the most serious terror attacks in its modern information on foreign fighters through Europol so history in Suruç in July, and Ankara in October 2015.

19 that almost every country contributes to building a marked a new low by the terrorists in the service of European-wide picture of the threat. Europol also hatred and violence. began work with member states and the private sector As well as an attack on Belgium — and its open and to take down jihadist propaganda through its new decent society — it was clear that a central target of ‘internet referral unit’. The December European Council the extremists is the European idea itself. Europeans agreed to use existing EU security databases more have fought and died in their millions for to systematically and to amend the Schengen Borders openness and freedom. If the extremists think they can Code to allow for better security screening at the border. intimidate Europeans into giving up their right to live These are the first steps to creating a more secure free and in peace, they are gravely mistaken. Europe, but more remain to be taken if the European We will outlast them and their ideology of hate. Union is to be tough and determined in the face of And the European Union will fulfill its role to help terrorism. Nothing made the urgency of this clearer than counter the terror threat which we are all facing. the appalling attacks on Brussels in March 2016, which

20 ‘In the face of these attacks, Europe must not only stand united but must also be tough. European solidarity and freedom will only prevail when accompanied by strength. Our tolerance must end where violence begins.’ Donald Tusk in Brussels, March 2016

EU and world leaders participate in the Silent March in Paris for the victims of the terrorist attacks in January 2015

21 Staying the course in foreign policy

Despite the dramatic events in the Mediterranean so as long as this attitude remains unchanged. throughout most of the year, the eastern neighbourhood The G7 leaders confirmed this common stance at was never a subject of which we needed to be reminded. the summit in Elmau in June and made it clear that The conflict situation in dominated early they stand ready to take further sanctions in order to European Council meetings, notably the sanctions increase the cost on should its actions so require. imposed on Russia for its aggression against Ukraine. Finally, as of 1 January 2016, the EU-Ukraine Deep and Leaders discussed the issue at our informal summit Comprehensive Free Trade Area entered into force. in February 2015 when Chancellor Merkel and This marks a historic moment in EU-Ukrainian relations President Hollande presented the results of the second because it was exactly this agreement that divided Minsk agreement intended to enforce a ceasefire and Ukrainians in 2013 and brought war to their country a settlement to the Ukrainian crisis. I initiated frequent in 2014. It highlights that Ukraine continues on the path meetings and contacts with the Ukrainian leadership towards liberal democracy and the rule of law. throughout the year, including hosting President In a broader context, we confirmed the importance Poroshenko as a guest at the February European which the European Union attaches to its eastern Council, and my visit to Kyiv for the 17th EU-Ukraine neighbourhood at the 4th Eastern Partnership Summit Summit in April. held under the able management of the Latvian Throughout the year, the European Union repeated presidency in May 2015. The Eastern Partnership was its condemnation of the illegal annexation of launched in 2009 as a joint initiative between and Sevastopol by Russia. EU leaders decided to step the European Union, its member states and six Eastern up support for the peace process in Ukraine and to link European and South Caucasus partner countries: the sanctions regime adopted against Russia to the full Armenia, Azerbaijan, Belarus, , and implementation of the Minsk agreements. By the end Ukraine. Over the last six years, we have together of 2015, the agreements remained unimplemented. established an extensive network of contacts and Consequently, sanctions were rolled over in December extended the Partnership beyond governments to for a further six months. During this difficult period, involve parliaments, local authorities, civil society and when our policy was challenged on many fronts, it was businesses. In May, all parties confirmed our intention my goal to keep European leaders united and make to make cooperation in energy, transport cooperation sure that the EU stayed the course as regards Russia. In and ‘state building’ the priorities for the years ahead. parallel, we have managed to lend a struggling Ukraine I also visited all partners except Belarus during the our support, including financial support, year. These visits were useful reminders of the growing to assist the country’s difficult path towards stabilisation, diversity in policy outlook and ambitions of the modernisation and reforms. I have also engaged countries in the region, while underlining the potential personally to ensure the unity of the G7 in response for strengthened EU relations with all of them. to Russia’s aggressive posture and will continue doing

22 ‘Europe will stay the course. Ukraine must stay the course of reforms. Staying the course And Russia must change its course.’ in foreign policy Donald Tusk in Brussels, December 2015

Throughout the year, the European Union remained Finding a settlement to the Syrian conflict will be harder steadfast in its support of the UN-driven peace process still given the deep division of the country, over a quarter in Libya, and was clear that we stand ready to support a of a million dead and the number of proxy conflicts Government of National Accord politically, financially now involved, such as the regional struggle between and in terms of capacity building. The Libyan parties Saudi Arabia and . But the establishment by the urgently need to form a working unity government. It International Syria Support Group of a UN-led process will be a hard road ahead, but crucial to save the country, in Vienna on 25 October offered at least a framework not least from the forces of extremism. to begin the work of a Syrian-led and Syrian-owned

‘What we need today on both sides of the Atlantic is a renaissance of faith in our community.’ Washington DC, May 2015 President Tusk with US President at the Oval office of the White House, 9 March 2015

2323 return to peace and stability, under the aegis of the UN of Korea took place in Seoul where we discussed free Security Council. The European Union stands ready to trade, relations on the Korean Peninsula as well as global support this effort to the greatest extent. It is clear that challenges such as climate change and the fight against there cannot be a lasting peace in Syria under the current terrorism. Earlier in the year, I also advanced talks on free regime and that the status quo is not an option. trade with Japan in the context of a further deepening Europe and the world need peace in Syria and Libya, of our close strategic relations. no matter the obstacles. The alternatives are a further Also in September last year, I visited the Middle East entrenchment of Da’esh and other groups such as Jabhat including and the Palestinian territories to al-Nusrah, which already control an area equivalent to determine the prospects for a relaunch of peace talks the size of Britain in the Middle East. The European there, as well as making the first of two visits to Turkey. Union remains committed to the global coalition against Later I would visit Jordan and to assess first-hand Da’esh, aimed at stopping and reversing the spread of the refugee situation in discussions with King Abdullah this threat and cutting off its sources of funding and and President Al-Sisi. Whilst in both countries, recruits while exposing its true nature. I underlined the European Union’s support in the fight Finally, leaders discussed the Transatlantic Trade against terrorism. I was particularly worried about and Investment Partnership (TTIP) on a number of Tunisia in this respect, travelling there earlier in the year occasions throughout 2015, urging a speedy conclusion to lay a wreath at the Bardo museum and pledge the to the negotiations. As I said during a bilateral visit to European Union’s support to a courageous neighbour the White House in March, the TTIP talks illustrate that in need of our help. Europe and America will either stand united or decline The Western Balkans were a major focus of my travel separately in a rapidly changing world. schedule. I visited the region four times in 2015 and again in early 2016, principally to meet with leaders A record year for diplomacy there on the migratory crisis. I was also honoured to Since my term began, I have visited more than attend the Brdo-Brijuni Summit in in November 20 countries outside the European Union from the US 2015 which convenes all the countries of the former to Japan, and hosted many heads of state or government Yugoslavia, alongside US Vice President . in bilateral and multilateral summits in Brussels. The G7 Summit in Elmau, in Germany in June, In June 2015, I was pleased to indulge a personal was an opportunity to discuss global challenges among a fascination with Latin America, as host of the EU- group of countries that share the same values. CELAC Summit. This took place just before the In times like these, G7 unity is perhaps more important EU-Mexico Summit. We discussed a range of important than ever. We exchanged views on foreign and security regional matters including European support to the policy, the global economy, energy and climate, and peace process but also how to put more development goals with a particular emphasis on substance into the EU-CELAC framework which has and Russia. We also met heads of state and government great political potential, given that Europe is the second of African countries to discuss counter-terrorism, peace largest investor in the region. and security in Africa, and more. The 17th EU-China Summit was held in the same The Antalya G20 Summit in November had a specific month. Our cooperation with China is part of the political relevance given the migratory and terrorism EU-China 2020 Strategic Agenda, which we decided agendas. Moreover it was, as usual, dedicated to to strengthen. Prime Minister and I also financial and economic issues: the need to strengthen agreed on the priorities for the year ahead, ranging from the recovery, lift potential economic growth, support trade and investment to human rights and migration; job creation, strengthen resilience, and promote from security and defence to climate change and development and inclusiveness. President Juncker development. In September 2015, the 8th bilateral and I met jointly with President Erdogan en marge of the summit between the European Union and the Republic G20 Summit to discuss the control of migratory flows.

24 International summits and meetings From left to right, above: President Tusk, Japanese Prime Minister Shinzo Abe and President of the European Commission Jean-Claude Juncker; President Tusk and the President of South Korea Park Geun-hye; President of Ecuador Rafael Correa and President Tusk at the EU-CELAC Summit; President Tusk at the UN General Assembly; Prime Minister of Turkey Ahmet Davutoglu and President Tusk; Latvian Prime Minister Laimdota Straujuma and President Tusk at the Eastern Partnership Summit in ; G7 Summit at Elmau, Germany, from left to right: François Hollande, UK Prime Minister David Cameron, Italian Prime Minister Matteo Renzi, President of the European Commission Jean-Claude Juncker, President Tusk, Japanese Prime Minister Shinzo Abe, Canadian Prime Minister , President of the United States of America Barack Obama and German Federal Chancellor Angela Merkel; Chinese Prime Minister Li Keqiang and President Tusk; Nkosazana Dlamini Zuma, Chairperson of the African Union Commission, and President Tusk; President of the European Commission Jean-Claude Juncker, President of Ukraine and President Tusk; President Tusk and King of Jordan Abdullah II; Kolinda Grabar-Kitarovic, President Tusk and at the Brdo-Brijuni Process Summit, Zagreb, Croatia

2525 A new settlement for Britain

Last November, I received a letter from Prime Minister non-discrimination, and without compromising the Cameron setting out four specific areas in which the future development of the Economic and Monetary United Kingdom is seeking and proposing reform: Union. The deal recognises, strengthens and protects on economic governance, on competitiveness, on Britain’s special status in the European Union. But it sovereignty, and on social benefits and free movement. does not do this at the expense of others. In response to the Prime Minister, I made it crystal Even though we found a common solution in the end, clear from the very beginning of the process: we would the real test is ahead of us. Only the British people can do all in our power to meet Britain’s concerns but we and will decide the future of the United Kingdom in the must not compromise the values and basic principles European Union. It is my dearest hope that they agree of the European Union, including — but not only — to stay, as there is so much potential benefit for the EU freedom of movement and non-discrimination. My and the UK in remaining together, both in terms of initial consultations with all other member states fully our mutual prosperity and security in the world. I am confirmed this stance although there was also great deeply committed to seeing that potential realised and good will to find a solution that would secure Britain as look forward to working with an engaged Britain in a an EU member. I aimed at settling the matter as quickly reformed European Union. as practicable. After consulting more widely, I first set out in detail the possible terms of a UK re-negotiation in a letter to leaders in early February 2016. I then undertook an exacting schedule of visits to national capitals around the European Union to hear individual concerns on a draft text. Even with this careful preparation, the ‘I deeply believe that the United February European Council that followed was as Kingdom needs Europe, and Europe difficult as any of my term. During our long and often heated discussions, we haggled over the smallest details needs the United Kingdom. of the deal. It was not an aesthetic spectacle, and far To break the link now would be from glamorous. But the important point was that no totally against our mutual interests. member state walked away from the table. We have done all we could not to let In the end, the 28 heads of state or government unanimously agreed and adopted a legally binding that happen. But the final decision is and irreversible settlement for the United Kingdom in the hands of the British people.’ in the EU. We agreed to do this in a way that does not Donald Tusk in Brussels, compromise the European Union’s fundamental values such as the freedom of movement or the principle of February 2016 26 A new settlement for Britain UK Prime Minister David Cameron and President Tusk before the start of the European Council meeting in December 2015

President Tusk visits UK Prime Minister David Cameron in

President Tusk, President of the European Commission Jean-Claude Juncker, French President François Hollande and UK Prime Minister David Cameron

27 Conclusion

When I travelled to Slovenia in August 2015, I reminded achievements — Schengen, the and the single the Bled Security Forum of Raymond Aron’s ‘In defence market — during a period of instability. I will continue of decadent Europe’, written in the 1970s. Then too, the building consensus among EU leaders and finding unity prevailing mood was one of pessimism with widespread no matter how difficult the process. The coming months doubts about the future of democracy and the free are a time in which the European Union will be tested market, as well as the West itself. Religious violence on its convictions. But I have no doubt the Union will ran riot, with geo-political consequences. Nationalists prove its critics wrong. rose on the left and right; the energy crisis shook the European economy. People became thoroughly disenchanted with mainstream politics. Terrorist groups spread panic. My point was: Europe has withstood the pressure of dealing with inter-linked crises before and endured. It will again. DONALD TUSK Europe is maturing at a time of crisis and hard decisions. Despite this and other imminent challenges to European President of the European Council stability, the future may surprise us also in good ways. Where many see purely negative outcomes, I am focused on the imperative to preserve the Union’s major

President Tusk speaks in Berlin on 9 November 2015

28 Conclusion

Behind the scenes

29

European Council meetings and Euro Summits — December 2014 to April 2016

European Council — 18 December 2014

Informal meeting of Heads of State or Government — 12 February 2015

European Council — 19–20 March 2015

Special meeting of the European Council — 23 April 2015

Euro Summit — 22 June 2015

European Council — 25–26 June 2015

Euro Summit — 7 July 2015

Euro Summit — 12 July 2015

Informal meeting of Heads of State or Government — 23 September 2015

European Council — 15 October 2015

Meeting of EU Heads of State or Government with Turkey — 29 November 2015

European Council — 17–18 December 2015

European Council — 18–19 February 2016

Meeting of EU Heads of State or Government with Turkey — 7 March 2016

European Council — 17–18 March 2016

Meeting of EU Heads of State or Government with Turkey — 18 March 2016

3131

Conclusions of the European Council and statements by Heads of State or Government

European Council — 18 December 2014 35

Statement by Donald Tusk, President of the European Council, on the attack against the newspaper Charlie Hebdo — 7 January 2015 37

Statement of the Heads of State or Government on Ukraine — 26 January 2015 38

Informal meeting of Heads of State or Government — 12 February 2015 39

European Council — 19–20 March 2015 41

Statement by the European Council on Tunisia — 20 March 2015 44

Special meeting of the European Council — 23 April 2015 45

Joint statement on Europe Day by the members of the European Council — 9 May 2015 47

European Council — 25–26 June 2015 48

Euro Summit — 12 July 2015 51

Informal meeting of Heads of State or Government — 23 September 2015 54

European Council — 15 October 2015 55

Joint statement of the EU Heads of State or Government and the leaders of the EU institutions on the terrorist attacks in Paris — 14 November 2015 57

Meeting of EU Heads of State or Government with Turkey — 29 November 2015 58

European Council — 17–18 December 2015 60

3333 Joint statement of the EU Heads of State or Government and the leaders of the EU institutions on the terrorist attack in Ankara — 18 February 2016 63

European Council — 18–19 February 2016 64

Meeting of EU Heads of State or Government with Turkey — 7 March 2016 75

European Council — 17–18 March 2016 77

Meeting of EU Heads of State or Government with Turkey — 18 March 2016 79

Joint statement of the EU Heads of State or Government and the leaders of the EU institutions on the terrorist attacks in Brussels — 22 March 2016 81

34 EUROPEAN COUNCIL — 18 DECEMBER 2014

Conclusions

I. FOSTERING INVESTMENT IN EUROPE environment for investments, including moves towards better integrated capital markets, while at the same 1. Fostering investment and addressing market failure time robustly pursuing the better regulation agenda in Europe is a key policy challenge. The new focus on aimed at transparent and simple regulation achieved investment, coupled with Member States' commitment at a minimum cost, consistent with the Council to intensifying structural reforms and to pursuing growth- conclusions of 4 December 2014; friendly fiscal consolidation, will provide the foundation for growth and jobs in Europe. The European Council: e) calls for speeding up adoption, transposition and implementation of Union legislation in the Single a) calls for setting up a European Fund for Strategic Market area and enhancing efforts to remove barriers Investments (EFSI) in the EIB Group with the aim and complete the internal market in products and services; to mobilise 315 billion euro in new investments between 2015 and 2017. The Commission will f) calls on the Commission to present a comprehensive present a proposal in January 2015, which the Union Energy Union proposal well ahead of the March 2015 legislators are invited to agree on by June, so that the European Council; new investments can be activated as early as mid-2015. g) calls on the Union legislators to give new momentum The EIB Group is invited to start activities by using its to the work on the pending proposals regarding the own funds as of January 2015. The EFSI will be open to Digital Single Market and on the Commission to contributions from Member States, directly or through submit an ambitious communication in this area well national promotional banks. The European Council before the June 2015 European Council; takes note of the favourable position the Commission h) calls for the further strengthening of the multilateral has indicated towards such capital contributions in the trading system and the conclusion of bilateral trade context of the assessment of public finances under the agreements with key partners. The EU and the US Stability and Growth Pact, necessarily in line with the should make all efforts to conclude negotiations on flexibility that is built into its existing rules; an ambitious, comprehensive and mutually beneficial b) supports the Commission's and the EIB's intention TTIP by the end of 2015. to strengthen technical assistance to projects at the 2. The European Council will take regular stock of the European level and to create an investment advisory implementation of the above-mentioned orientations. hub to be operational as of mid-2015; 3. There is an urgent need to advance efforts in the fight c) underlines that the EFSI will complement and be against tax avoidance and aggressive tax planning, both additional to ongoing EU programmes and traditional at the global and EU levels. Stressing the importance of EIB activities. In this context the full use of all existing transparency, the European Council looks forward to and allocated EU resources needs to be encouraged. the Commission’s proposal on the automatic exchange The Commission will work closely with the Member of information on tax rulings in the EU. The Council will States concerned to find solutions to maximise the use discuss how to make progress on all these issues and report of commitments under the 2007-2013 MFF period back to the June 2015 European Council. and recognises the desirability of delivering long-term 4. Closer coordination of economic policies is essential to projects in the years ahead using the flexibility of the ensure the smooth functioning of the Economic and existing rules; Monetary Union. Following a discussion on this issue d) invites the Commission and the Union legislators on the basis of an analytical note at the informal meeting to step up work on key measures to increase the of the Heads of State or Government in February, the Union's attractiveness for production, investment President of the Commission, in close cooperation with and innovation, and to improve the regulatory

35 the President of the Euro Summit, the President of the and support Ukraine's reform process, together with other Eurogroup and the President of the European Central donors and in line with IMF conditionality. The European Bank, will report at the latest to the June 2015 European Council welcomes the Commission's readiness to increase Council. The Member States will be closely involved in humanitarian aid to the suffering people in Ukraine. the preparatory work. 6. The situation in eastern Ukraine remains a strong concern. The Union's policy of not recognising the II. UKRAINE illegal annexation of Crimea and Sevastopol was further 5. The European Council congratulates Ukraine on its tightened today. The EU will stay the course; the European new government and welcomes its determination to Council is ready to take further steps if necessary. All carry out political and economic reforms. Following the parties, including Russia, should actively engage in and Commission´s second disbursement in December of implement fully the Minsk agreements. The European 500 million Euro in macro-financial assistance, the EU Council calls for unhindered access to the crash site of and its Member States stand ready to further facilitate MH17 in the interest of the ongoing investigations.

36 STATEMENT BY DONALD TUSK, PRESIDENT OF THE EUROPEAN COUNCIL, ON THE ATTACK AGAINST THE NEWSPAPER CHARLIE HEBDO — 7 JANUARY 2015

I am shocked by the appalling attack that took place this morning On behalf of the European Union and myself I extend my in Paris against Charlie Hebdo. The European Union stands side deepest condolences to the families and relatives of the victims by side with France after this terrible act. It is a brutal attack and express my solidarity with the French authorities and the against our fundamental values, against freedom of expression French people. which is a pillar of our democracy. The fight against terrorism in all its forms must continue unabated.

37 STATEMENT OF THE HEADS OF STATE OR GOVERNMENT ON UKRAINE — 26 JANUARY 2015

We express our concern about the deteriorating security and We recall the European Council conclusions of 18 December humanitarian situation in eastern Ukraine. We condemn 2014, where we said that ‘the EU will stay the course’ and that the killing of civilians during the indiscriminate shelling of we are ‘ready to take further steps if necessary.’ In view of the the Ukrainian city of Mariupol on 24 January 2015. We note worsening situation we ask the upcoming Foreign Affairs Council evidence of continued and growing support given to the to assess the situation and to consider any appropriate action, in separatists by Russia, which underlines Russia’s responsibility. We particular on further restrictive measures, aiming at a swift and urge Russia to condemn the separatists’ actions and to implement comprehensive implementation of Minsk agreements. the Minsk agreements. We will be seized of the situation at our next meeting.

38 INFORMAL MEETING OF THE HEADS OF STATE OR GOVERNMENT — 12 FEBRUARY 2015

Statement

Europeans have reacted with deep sorrow and strong unity to • Member States quickly implement the strengthened rules the recent terrorist attacks in Paris. These attacks targeted the to prevent money laundering and terrorist financing, and fundamental values and human rights that are at the heart of that all competent authorities step up action to trace the European Union – solidarity, freedom, including freedom of financial flows and to freeze effectively assets used for expression, pluralism, democracy, tolerance and human dignity. financing terrorism; All citizens have the right to live free from fear, whatever their • work towards the adoption of the Network and opinions or beliefs. We will safeguard our common values and Information Security Directive advance rapidly, given protect all from violence based on ethnic or religious motivations the importance of cyber-security. and racism. This also means fighting the enemies of our values. We 2. Preventing radicalisation and safeguarding values will further reinforce action against terrorist threats, in full Preventing radicalisation is a key element of the fight against compliance with human rights and the rule of law. Today we terrorism. Instruments need to be brought together in a agreed on the following to guide work over the months to come: comprehensive approach to address this phenomenon. We call for: 1. Ensuring the security of citizens • adequate measures to be taken, in accordance with The security of citizens is an immediate necessity. We must better national , to detect and remove internet implement and further develop the tools we have, in particular content promoting terrorism or extremism, including to detect and disrupt terrorist-related travel, notably of foreign through greater cooperation between public authorities terrorist fighters. We ask that: and the private sector at EU level, also working with Europol to establish internet referral capabilities; • EU legislators urgently adopt a strong and effective • communication strategies to promote tolerance, non- European Passenger Name Records directive with discrimination, fundamental freedoms and solidarity solid data protection safeguards; throughout the EU, including through stepping up inter- • full use be made of the existing Schengen framework faith and other community dialogue, and narratives to to reinforce and modernise external borders’ control: counter terrorist ideologies, including by giving a voice we agree to proceed without delay to systematic and to victims; coordinated checks on individuals enjoying the right of • initiatives regarding education, vocational training, job free movement against databases relevant to the fight opportunities, social integration and rehabilitation in against terrorism based on common risk indicators; the the judicial context to address factors contributing to Commission should issue rapidly operational guidelines radicalisation, including in prisons. for this; we will also consider a targeted amendment to the Schengen Borders Code where necessary to provide 3. Cooperating with our international partners for permanent checks, based on a proposal by the The EU’s external relations must also contribute to countering Commission; the terrorist threat, which is escalating in certain parts of the EU’s • law enforcement and judicial authorities step up neighbourhood, in particular Syria and Libya. We need: information sharing and operational cooperation, • to address crises and conflicts, in particular in our including through Europol and Eurojust; Southern Neighbourhood, through a strategic rethinking • all competent authorities increase cooperation in the fight of our approach; against illicit trafficking of firearms, including by a swift • to engage more with third countries on security issues adaptation of the relevant legislation; and counter-terrorism, particularly in the Middle East and • Member States’ security services deepen their cooperation; and in the Sahel, but also in the Western

39 Balkans, including through new capacity building projects Over recent weeks the Council has stepped up its work in the (e.g. border controls) with partners and better targeted EU fight against terrorism. The European Union will take this work assistance; forward promptly, fully involving the High Representative, • sustained and coordinated international engagement with the EU Counter-Terrorism Coordinator and the Member States. In April the Commission will present a proposal for a the UN and Global Counterterrorism Forum as well as comprehensive European Agenda on Security. The Council will with relevant regional initiatives; report on the detailed implementation of these orientations by • a dialogue among cultures and civilisations to promote the June European Council. fundamental freedoms together. ***

40 EUROPEAN COUNCIL — 19–20 MARCH 2015

Conclusions

I. ENERGY UNION e) assessing options for voluntary demand aggregation mechanisms in full compliance with WTO and EU 1. The EU is committed to building an Energy Union competition rules; with a forward-looking climate policy on the basis of the Commission’s framework strategy, whose five dimensions f) developing a more effective, flexible market design are closely interrelated and mutually reinforcing (energy which should go together with enhanced regional security, solidarity and trust; a fully integrated European cooperation, including with neighbouring countries, energy market; energy efficiency contributing to and help integrate renewables, while ensuring that moderation of demand; decarbonising the economy; public intervention is compatible with the internal and research, innovation and competitiveness). The EU market and that the right of Member States to decide institutions and the Member States will take work forward on their own energy mix is respected. This will help and the Council will report to the European Council provide affordable energy to households and industry; before December. The European Council will continue g) reviewing and developing legislation related to to give guidance. emissions reduction, energy-efficiency and renewables 2. While emphasising the importance of all dimensions of to underpin the agreed 2030 targets; developing a the Energy Union, today, the European Council focused reliable and transparent governance system; on some of the aspects and called for: h) developing an energy and climate-related technology a) accelerating infrastructure projects, including and innovation strategy, including for example on the interconnections in particular to peripheral regions, next generation of renewables, on electricity storage for electricity and gas1 to ensure energy security and a and carbon capture and storage, on improving energy well-functioning internal energy market; efficiency in the housing sector as well as on sustainable transport; b) fully implementing and rigorously enforcing existing energy legislation; i) using all external policy instruments to establish strategic energy partnerships with increasingly c) reinforcing the legislative framework for the security important producing and transit countries, notably of supply for electricity and gas; energy security can with a view to promoting energy security, while also be strengthened by robust grids, increased energy ensuring that the sovereignty and sovereign rights of efficiency and having recourse to indigenous resources Member States to explore and develop their natural as well as safe and sustainable low carbon technologies; resources are safeguarded. d) ensuring full compliance with EU law of all agreements 3. The European Council supports a strong coordinated related to the buying of gas from external suppliers, action through an active European climate diplomacy notably by reinforcing transparency of such agreements ahead of the COP21 in Paris, in line with the ambitious and compatibility with EU energy security provisions. objective fixed by the October 2014 European Council, As regards commercial gas supply contracts, the as reflected in the contribution submitted recently by confidentiality of commercially sensitive information the EU and its Member States. It urges all Parties in a needs to be guaranteed; position to do so, including major economies, to submit their contributions by the end of March. It is also necessary to intensify work on solutions on financing, technology transfer and capacity-building, which are key issues in view of an ambitious agreement in Paris.

1 The recent agreement by France, Portugal, Spain, the Commission and the EIB is a welcome step towards achieving the 10% electricity II. EUROPEAN SEMESTER / GROWTH AND interconnections objective by 2020; the agreement by the Baltic JOBS States to proceed towards synchronous operation of Member States within the Continental European Network contributes also to the 4. The European Council held an exchange of views on the increase of energy security, as does the work of the Central East economic situation in Europe and on the implementation South Europe Gas Connectivity High Level Group. In this context, of key structural reforms undertaken by Member States. the setting up by the Commission of Regional High Level Groups composed by all relevant key players to ensure regular monitoring It endorsed the three main pillars of the Annual Growth of progress in the selection and financing of Projects of Common Survey (investment, structural reforms and growth- Interest is encouraged.

41 friendly fiscal consolidation) and invited Member States 10. The European Council agreed that the duration of the to reflect these priorities in their forthcoming National restrictive measures against the Russian Federation, Reform Programmes and Stability or Convergence adopted on 31 July 2014 and enhanced on 8 September Programmes. 2014, should be clearly linked to the complete 5. The general approach reached by the Council on the implementation of the Minsk agreements, bearing in European Fund for Strategic Investments (EFSI) is an mind that this is only foreseen by 31 December 2015. The important step towards an agreement by the co-legislators necessary decisions will be taken in the coming months. on the legislative act by June, so that the EFSI can be fully The European Council stands ready to take further deployed from mid-2015. Cooperation between the measures if necessary. EIB Group and national promotional banks needs to be 11. The European Council does not recognize and continues strengthened and the EFSI should complement and be to condemn the illegal annexation of Crimea and additional to ongoing EU programmes and traditional Sevastopol by the Russian Federation and will remain EIB Group activities. committed to fully implement its non-recognition policy. 6. The European Council discussed the state of play in the 12. The EU will continue to support Ukraine’s reform negotiations with the US on TTIP. The EU and the US process, together with other donors and in line with IMF should make every effort to conclude negotiations on conditionality. The European Council called for the an ambitious, comprehensive and mutually beneficial third Macro-Financial Assistance package for Ukraine agreement by the end of the year. Member States and the to be adopted as a matter of urgency. It acknowledged the Commission should step up efforts to communicate the Ukrainian government’s reform efforts so far and called benefits of the agreement and to enhance dialogue with on it to further intensify its work. civil society. 13. The European Council stressed the need to challenge Russia’s ongoing disinformation campaigns and invited III. EXTERNAL RELATIONS the High Representative, in cooperation with Member States and EU institutions, to prepare by June an action European Neighbourhood Policy plan on strategic communication. The establishment of a communication team is a first step in this regard. 7. The ongoing review of the European Neighbourhood Policy should ensure the continued deep involvement Libya of the EU with both Eastern and Southern partners. The 14. The crisis in Libya is a serious challenge to international European Council will have a broader discussion on the peace and security requiring the EU’s full attention. Southern Neighbourhood in October. In this context, the The European Council called for an immediate and European Council welcomed the ministerial meeting to unconditional ceasefire and for Libyan parties to rapidly be held in Barcelona on 13 April which will provide a agree on a Government of National Unity. Only a unique opportunity to hear our southern partners’ views. political solution can provide a sustainable way towards a democratic transition. The EU is committed to ongoing Eastern Partnership Summit in Riga UN efforts and will reinforce its current support to 8. The EU is fully committed to the Eastern Partnership. UNSMIL and the unity process. It commends the work It will strengthen, in a differentiated way, relations with of the Special Representative of the UN Secretary General. each of its six partners. Particular efforts should be devoted 15. As soon as agreement to form a Government of National to advance cooperation in state building, mobility and Unity is found, the EU stands ready, with countries in people-to-people contacts, market opportunities and the region and international partners, to contribute to its interconnections. The European Council looks forward implementation by making full use of all its instruments. to the earliest possible ratification by all Member States of The High Representative will present proposals as agreed the Association Agreements/Deep and Comprehensive at the Council on 16 March 2015. The EU will step up Free Trade Areas (AAs/DCFTAs) with Georgia, Republic its engagement on counter-terrorism in the region, with of Moldova and Ukraine. relevant partners. Russia/Ukraine 16. The European Council deplores the continuing loss of migrants’ lives at sea, greatly increased by organised people 9. The European Council called on all parties to swiftly and smugglers and human traffickers. Implementation of the fully implement the Minsk agreements and honour their actions, agreed by the Council in October 2014 to better commitments, and underlined the Russian authorities’ manage migratory flows, should now be stepped up, responsibility in this regard. The EU stands ready to including by strengthening Triton, the Frontex Operation support the process, notably as regards the OSCE’s ability in the Central Mediterranean. A more concerted effort and capacity to monitor and verify the implementation is needed to increase the EU’s support to the countries of the Minsk agreements, and will continue efforts in the of origin and transit. The need to manage migration trilateral processes on energy and EU-Ukraine DCFTA properly concerns the EU as a whole. Hence the European implementation.

42 Council welcomes the Commission’s initiative to submit Heads of State or Government endorsed the proposal of President in May a European Agenda for Migration built around Tusk that Mr Jeppe TRANHOLM-MIKKELSEN will be the the objectives of an effective asylum policy, well-managed next Secretary-General of the Council, and invited the Council regular migration, the fight against and the prevention of to proceed as soon as possible with the formal appointment. illegal migration and securing the external borders. 17. The European Union will continue to monitor the situation on the ground very closely over the coming months. ***

43 STATEMENT OF THE EUROPEAN COUNCIL ON TUNISIA — 20 MARCH 2015

The European Council condemns the appalling terrorist attack The European Union and its Member States will intensify against Tunisia this week. The European Union extends its cooperation with Tunisia to counter this common terrorist threat, deepest sympathy to the victims, their families and the Tunisian to strengthen Tunisia's promising democracy and to assist its people. economic and social development.

44 SPECIAL MEETING OF THE EUROPEAN COUNCIL — 23 APRIL 2015

Statement

1. The situation in the Mediterranean is a tragedy. The e) use EUROPOL to detect and request removal of internet European Union will mobilise all efforts at its disposal content used by traffickers to attract migrants and to prevent further loss of life at sea and to tackle the refugees, in accordance with national constitutions; root causes of the human emergency that we face, in cooperation with the countries of origin and transit. Our Preventing illegal migration flows immediate priority is to prevent more people from dying f) increase support to Tunisia, Egypt, , Mali and Niger at sea. among others, to monitor and control the land borders and routes, building on current CSDP operations in the region, 2. We have therefore decided to strengthen our presence as well as on regional cooperation frameworks (Rabat and at sea, to fight the traffickers, to prevent illegal Khartoum processes); step up dialogue with the African migration flows and to reinforce internal solidarity and Union at all levels on all these issues; responsibility. Given that instability in Libya creates an ideal environment for the criminal activities of traffickers, g) reinforce our political cooperation with African partners we will actively support all UN-led efforts towards re- at all levels in order to tackle the cause of illegal migration establishing government authority in Libya. We will also and combat the smuggling and trafficking of human step up efforts to address conflict and instability as key beings. The EU will raise these issues with the African Union and the key countries concerned, with whom it will push factors of migration, including in Syria. propose the holding of a summit in Malta in the coming 3. We today commit to: months; h) step up cooperation with Turkey in view of the situation Strengthening our presence at sea in Syria and ; a) rapidly reinforce EU Operations Triton and Poseidon by i) deploy European migration liaison officers in key countries at least tripling the financial resources for this purpose in to gather information on migratory flows, co-ordinate 2015 and 2016 and reinforcing the number of assets, thus with national liaison officers, and co-operate directly with allowing to increase the search and rescue possibilities the local authorities; within the mandate of FRONTEX. We welcome the j) work with regional partners in building capacity for commitments already made by Member States which maritime border management and search and rescue will allow to reach this objective in the coming weeks; operations; Fighting traffickers in accordance with international law k) launch Regional Development and Protection b) disrupt trafficking networks, bring the perpetrators programmes for North Africa and the Horn of Africa; to justice and seize their assets, through swift action l) invite the Commission and the High Representative by Member State authorities in co-operation with to mobilise all tools, including through development EUROPOL, FRONTEX, the European Asylum Support cooperation and the implementation of EU and national Office (EASO) and EUROJUST, as well as through readmission agreements with third countries, to promote increased intelligence and police-cooperation with third readmission of unauthorised economic migrants to countries; countries of origin and transit, working closely with the c) undertake systematic efforts to identify, capture and International Organisation for Migration; destroy vessels before they are used by traffickers; m) while respecting the right to seek asylum, set up a new return programme for the rapid return of illegal d) at the same time, the High Representative is invited to migrants from frontline Member States, coordinated by immediately begin preparations for a possible CSDP FRONTEX; operation to this effect;

45 Reinforcing internal solidarity and responsibility 4. The EU institutions and the Member States will work n) rapid and full transposition and effective implementation immediately on the full implementation of these of the Common European Asylum System by all orientations. The Presidency and the Commission will participating Member States, thereby ensuring common present next week a roadmap setting out work up to June. European standards under existing legislation; 5. The European Council looks forward to the Commission o) increase emergency aid to frontline Member States and Communication on a European Agenda for Migration, consider options for organising emergency relocation in order to develop a more systemic and geographically between all Member States on a voluntary basis; comprehensive approach to migration. The European Council will remain seized of the situation and will closely p) depl oy EASO teams in frontline Member States for joint monitor the implementation of these orientations. The processing of asylum applications, including registration Council and the Commission will report to the European and finger-printing; Council in June. q) set up a first voluntary pilot project on resettlement across the EU, offering places to persons qualifying for protection.

46 JOINT STATEMENT ON EUROPE DAY BY THE MEMBERS OF THE EUROPEAN COUNCIL — 9 MAY 2015

Today, we celebrate the united Europe that arose from the ashes It is our responsibility to promote peace, freedom, democracy, of the Second World War. solidarity and prosperity, both in Europe and beyond. United Sixty-five years ago the Schuman declaration set out that only by in the European Union, seeing our diversity as our strength, we breaking the cycle of violence and vengeance could our societies will continue this task. build enduring security and prosperity together. Only in unity could Europe preserve peace. This was the beginning of the Donald Tusk, Jean-Claude Juncker, Dalia Grybauskaitė, François process but still many European nations Hollande, Nicos Anastasiades, , Angela Merkel, had to struggle for freedom from totalitarian and authoritarian Werner Faymann, David Cameron, Viktor Orban, Mark Rutte, Enda regimes. Kenny, Pedro Passos Coelho, Helle Thorning-Schmidt, Mariano Rajoy, Zoran Milanović, Robert Fico, Joseph Muscat, Xavier Bettel, Bohuslav We will never forget the catastrophe of the Second World War, Sobotka, Laimdota Straujuma, Matteo Renzi, Taavi Röivas, Alexander triggered by contempt for people and nations. Seventy years Stubb, Ewa Kopacz, Miro Cerar, Stefan Löfven, Charles Michel, Boyko ago, still in living memory, our peoples faced each other on the Borisov, Alexis Tsipras battlefields. Today, we are the closest partners, allies and friends.

47 EUROPEAN COUNCIL — 25–26 JUNE 2015

Conclusions

I. MIGRATION Europol to ensure the swift identification, registration and fingerprinting of migrants (“hotspots”). This will allow to 1. Europe needs a balanced and geographically com- determine those who need international protection and prehensive approach to migration, based on solidarity those who do not. The Commission will draw up, in close and responsibility. Following the decisions taken by the cooperation with the hosting Member States, a roadmap European Council last April, concrete measures have been by July 2015 on the legal, financial and operational aspects taken to prevent further loss of life at sea, to find new ways of these facilities; of confronting smugglers and to intensify cooperation with countries of origin and transit, while respecting the right d) the immediate provision of enhanced financial assistance to seek asylum. The launch of the EUNAVFOR MED to the frontline Member States to help alleviate the costs mission, decided on 22 June by the Council, is an important of receiving and processing applications for international contribution in this respect. Operational action to tackle the protection; traffickers and smugglers in accordance with international e) the agreement that all Member States will participate law is an essential part of our comprehensive approach. including through multilateral and national schemes in 2. Further to the Commission’s European Agenda the resettling of 20.000 displaced persons in clear need of on Migration, work should be taken forward on all international protection, reflecting the specific situations dimensions of a comprehensive and systemic approach. of Member States. 3. Wider efforts, including the reinforcement of the Return/readmission/reintegration management of the Union’s external borders, are required to better contain the growing flows of illegal 5. Effective return, readmission and reintegration policies migration. Today, the European Council focused on for those not qualifying for protection are an essential part three key dimensions which must be advanced in of combating illegal migration and will help discourage parallel: relocation/resettlement, return/readmission/ people from risking their lives. All tools shall be mobilised reintegration and cooperation with countries of origin and to promote readmission of irregular migrants to countries of origin and transit, building on the ideas presented by the transit. The Council will regularly assess progress in all 3 three strands and report back later in the year. Commission at the Council on 16 June . In particular: a) high-level dialogues with the main countries of origin Relocation/resettlement of irregular migrants should be launched by the High 4. In the light of the current emergency situation and of our Representative as soon as possible, in close cooperation commitment to reinforce solidarity and responsibility, and with the Member States. The Council, together with the in line with its April decision in all its regards, including Commission, will prepare a global package to support the paragraph 3, the European Council agreed on the negotiations with the third countries concerned; following interlinked measures to help 60.000 people: b) the Commission will ensure that readmission a) the temporary and exceptional relocation over two years commitments are implemented effectively as soon as from the frontline Member States Italy and Greece to other possible, notably those under the Cotonou Agreement, Member States of 40.000 persons in clear need of international and that ongoing negotiations on readmission agreements protection, in which all Member States2 will participate; are accelerated and concluded as soon as possible, while new negotiations will be launched with other third b) the rapid adoption by the Council of a Decision to this effect; countries; to that end, all Member States2 will agree by consensus by the end of July on the distribution of such persons, reflecting c) building on the “more-for-more” principle, EU assistance the specific situations of Member States; and policies will be used to create incentives for implementing existing readmission agreements and c) the setting up of reception and first reception facilities concluding new ones. Commitments set out in trade in the frontline Member States, with the active support agreements regarding the temporary presence of persons of Member States’ experts and of EASO, Frontex and for the provision of services should be used as an incentive to conclude readmission agreements; development policy

2 Without prejudice to the specific situation of the United Kingdom, Ireland and Denmark pursuant to Protocols 21 and 22 to the Treaties. The UK will not participate. 3 Doc. 10170/15.

48 tools should reinforce local capacity-building, including II. SECURITY AND DEFENCE for border control, asylum, counter-smuggling and 10. Europe’s security environment has changed dramatically. reintegration; This requires action in three interconnected areas: d) Member States will fully implement the Return Directive, a) further to the Commission’s “European Agenda on making full use of all measures it provides to ensure the Security” and the Council conclusions of 16 June 2015, swift return of irregular migrants; return decisions issued work will be taken forward on the renewed European by the Member States will be introduced in the Schengen Union Internal Security Strategy; full implementation of Information System; the orientations on the fight against terrorism agreed at e) the Commission will set out by July 2015 how Frontex the February 2015 meeting remains a priority; will bring immediate support to frontline States on return. b) the High Representative will continue the process of The Commission has announced its intention to propose strategic reflection with a view to preparing an EU global to amend the Frontex Regulation to strengthen the role of strategy on foreign and security policy in close cooperation Frontex, notably so that it can initiate return missions; with Member States, to be submitted to the European f) in order to accelerate the treatment of asylum applications, Council by June 2016; the Commission will set out by July 2015 measures to be c) in line with the European Council conclusions of taken to use EASO to coordinate the implementation December 2013 and the Council conclusions of 18 May of the “safe country of origin” provisions in the Asylum 2015, work will continue on a more effective, visible and Procedures Directive. The Commission has indicated result-oriented CSDP, the further development of both its intention to strengthen the “safe country of origin” civilian and military capabilities, and the strengthening of provisions in the Asylum Procedures Directive, including Europe’s defence industry, including SMEs. The European the possible establishment of a common EU list of safe Council recalls the need for: countries of origin; • the Member States to allocate a sufficient level of g) adequate means will rapidly be made available in support expenditure for defence and the need to make the most of an effective EU return policy; furthermore, the effective use of the resources; Commission is invited to make proposals in this respect in the context of the 2016 EU budget, and to set up a • the EU budget to ensure appropriate funding for the dedicated European Return Programme. preparatory action on CSDP-related research, paving the way for a possible future defence research and technology Cooperation with countries of origin and transit programme; 6. It is crucial to reinforce our overall cooperation with • fostering greater and more systematic European defence countries of origin and transit, both on stemming the cooperation to deliver key capabilities, including through flows of irregular migrants and on tackling the root EU funds; causes of migration so as to reduce the incentives for • mobilising EU instruments to help counter hybrid threats; illegal migration and to combat the smuggling networks. • intensifying partnerships, namely with the UN, NATO, Development assistance will play an important role in this OSCE and AU; respect. • empowering and enabling partners to prevent and manage 7. A true partnership between European and African crises, including through concrete projects of capacity countries, working together to tackle illegal migration in building with a flexible geographic scope. an integrated way, is essential. The Valletta Summit will The European Council will keep security and defence policy seek in particular to achieve, together with the African regularly on its agenda. partners: a) assistance to partner countries in their fight against III. JOBS, GROWTH AND COMPETITIVENESS smugglers; b) a strengthened cooperation on an effective return policy; 11. The European Council concluded the 2015 European Semester by generally endorsing the Country Specific c) better targeting of development cooperation and Recommendations and calling for their implementation. enhancing investments in Africa to address the root The European Council welcomed the agreement reached causes of migration, as well as providing economic and on the European Fund for Strategic Investments (EFSI) social opportunities. and called for its rapid implementation. The Council will prepare proposals for areas of cooperation with 12. Digital technologies bring immense opportunities for countries of origin and transit for the Valletta Summit. innovation, growth and jobs. In order to benefit fully from 8. The EU will also step up its cooperation with Turkey and this technological revolution, we need to tackle market the relevant countries in the Middle East (notably Iraq, fragmentation, ensure future-proof regulation, build Jordan and Lebanon). supporting infrastructure, help the digitisation of industry, 9. A high-level conference will be organised to address the create conditions to facilitate growth in all sectors and challenges of the Western Balkans route. protect our citizens. The Digital Single Market should

49 be used as a vehicle for inclusive growth in all regions • identify and deliver rapidly on the key ICT standardisation within the EU. While emphasising the importance of all priorities; dimensions of the Commission’s strategy and pursuing an • ensure the free flow of data; ambitious reform of the telecommunications framework, • assess the role of on-line platforms and intermediaries; including more effective spectrum coordination while • improve digital skills; respecting national competences, the European Council agreed that: • encourage e-Government. a) the Telecommunications Single Market Regulation, 13. The European Council took note of the report on including roaming, and the Directive on Network and the Economic and Monetary Union requested by the December 2014 European Council and asked the Council Information Security must be rapidly adopted; the Data to rapidly examine it. Protection package must be adopted by the end of this year; IV. UK b) action must be taken on key components of the Commission communication, notably to: 14. The UK Prime Minister set out his plans for an (in/out) referendum in the UK. The European Council agreed to • remove the remaining barriers to the free circulation of revert to the matter in December. goods and services sold on-line and tackle unjustified discrimination on the grounds of geographic location; *** • guarantee the portability and facilitate cross-border access The European Council expressed its gratitude to Jacques to online material protected by copyright, while ensuring Delors, former President of the European Commission, for his a high level of protection of intellectual property rights and remarkable contribution to the development of the European taking into account cultural diversity, and help creative project and decided to bestow the title of “Honorary Citizen of industries to thrive in a digital context; Europe” on him. • ensure effective investment instruments and improve the innovation climate, targeting in particular SMEs and start- ups;

50 EURO SUMMIT — 12 JULY 2015

Statement

The Euro Summit stresses the crucial need to rebuild trust decision to mandate the Institutions to negotiate a Memorandum with the Greek authorities as a pre-requisite for a possible of Understanding (MoU) be taken. This decision would be taken future agreement on a new ESM programme. In this context, subject to national procedures having been completed and if the the ownership by the Greek authorities is key, and successful preconditions of Article 13 of the ESM Treaty are met on the implementation should follow policy commitments. basis of the assessment referred to in Article 13.1. A euro area Member State requesting financial assistance from In order to form the basis for a successful conclusion of the the ESM is expected to address, wherever possible, a similar MoU, the Greek offer of reform measures needs to be seriously request to the IMF4. This is a precondition for the Eurogroup strengthened to take into account the strongly deteriorated to agree on a new ESM programme. Therefore Greece will economic and fiscal position of the country during the last request continued IMF support (monitoring and financing) year. The Greek government needs to formally commit to from March 2016. strengthening their proposals in a number of areas identified Given the need to rebuild trust with Greece, the Euro Summit by the Institutions, with a satisfactory clear timetable for welcomes the commitments of the Greek authorities to legislate legislation and implementation, including structural benchmarks, milestones and quantitative benchmarks, to have clarity on the without delay a first set of measures. These measures, taken in full direction of policies over the medium-run. They notably need, prior agreement with the Institutions, will include: in agreement with the Institutions, to: by 15 July • carry out ambitious pension reforms and specify policies to • the streamlining of the VAT system and the broadening fully compensate for the fiscal impact of the Constitutional of the tax base to increase revenue; Court ruling on the 2012 pension reform and to implement the zero deficit clause or mutually agreeable • upfront measures to improve long-term sustainability of alternative measures by October 2015; the pension system as part of a comprehensive pension • adopt more ambitious product market reforms with reform programme; a clear timetable for implementation of all OECD • the safeguarding of the full legal independence of toolkit I recommendations, including Sunday trade, ELSTAT; sales periods, pharmacy ownership, milk and bakeries, • full implementation of the relevant provisions of the except over-the-counter pharmaceutical products, Treaty on Stability, Coordination and Governance in the which will be implemented in a next step, as well as for Economic and Monetary Union, in particular by making the opening of macro-critical closed professions (e.g. ferry the Fiscal Council operational before finalizing the MoU transportation). On the follow-up of the OECD toolkit-II, and introducing quasi-automatic spending cuts in case of manufacturing needs to be included in the prior action; deviations from ambitious primary surplus targets after • on energy markets, proceed with the privatisation of the seeking advice from the Fiscal Council and subject to prior electricity transmission network operator (ADMIE), approval of the Institutions; unless replacement measures can be found that have equivalent effect on competition, as agreed by the by 22 July Institutions; • the adoption of the Code of Civil Procedure, which is a • on labour markets, undertake rigorous reviews and major overhaul of procedures and arrangements for the modernisation of collective bargaining, industrial action civil justice system and can significantly accelerate the and, in line with the relevant EU directive and best judicial process and reduce costs; practice, collective dismissals, along the timetable and • the transposition of the BRRD with support from the the approach agreed with the Institutions. On the basis European Commission. of these reviews, labour market policies should be aligned Immediately, and only subsequent to legal implementation of the with international and European best practices, and first four above-mentioned measures as well as endorsement of should not involve a return to past policy settings which all the commitments included in this document by the Greek are not compatible with the goals of promoting sustainable Parliament, verified by the Institutions and the Eurogroup, may a and inclusive growth; • adopt the necessary steps to strengthen the financial sector, including decisive action on non-performing loans and measures to strengthen governance of the HFSF and 4 ESM Treaty, recital (8).

51 the banks, in particular by eliminating any possibility for (including financing needs, debt sustainability and possible political interference especially in appointment processes. bridge financing). On top of that, the Greek authorities shall take the following The Euro Summit takes note of the possible programme actions: financing needs of between EUR 82 and 86bn, as assessed by • to develop a significantly scaled up privatisation the Institutions. It invites the Institutions to explore possibilities programme with improved governance; to reduce the financing envelope, through an alternative fiscal valuable Greek assets will be transferred to an independent fund path or higher privatisation proceeds. Restoring market access, that will monetize the assets through privatisations and other which is an objective of any financial assistance programme, means. The monetization of the assets will be one source to make lowers the need to draw on the total financing envelope. The Euro the scheduled repayment of the new loan of ESM and generate Summit takes note of the urgent financing needs of Greece which over the life of the new loan a targeted total of EUR 50bn of which underline the need for very swift progress in reaching a decision EUR 25bn will be used for the repayment of recapitalization of on a new MoU: these are estimated to amount to EUR 7bn by banks and other assets and 50 % of every remaining euro (i.e. 50% 20 July and an additional EUR 5bn by mid August. of EUR 25bn) will be used for decreasing the debt to GDP ratio The Euro Summit acknowledges the importance of ensuring that and the remaining 50 % will be used for investments. the Greek sovereign can clear its arrears to the IMF and to the This fund would be established in Greece and be managed by the Bank of Greece and honour its debt obligations in the coming Greek authorities under the supervision of the relevant European weeks to create conditions which allow for an orderly conclusion Institutions. In agreement with Institutions and building on of the negotiations. The risks of not concluding swiftly the best international practices, a legislative framework should be negotiations remain fully with Greece. The Euro Summit invites adopted to ensure transparent procedures and adequate asset the Eurogroup to discuss these issues as a matter of urgency. sale pricing, according to OECD principles and standards on the Given the acute challenges of the Greek financial sector, the management of State Owned Enterprises (SOEs); total envelope of a possible new ESM programme would have • in line with the Greek government ambitions, to modernise to include the establishment of a buffer of EUR 10 to 25bn for the and significantly strengthen the Greek administration, banking sector in order to address potential bank recapitalisation and to put in place a programme, under the auspices of needs and resolution costs, of which EUR 10bn would be made the European Commission, for capacity-building and available immediately in a segregated account at the ESM. de-politicizing the Greek administration. A first proposal The Euro Summit is aware that a rapid decision on a new should be provided by 20 July after discussions with the programme is a condition to allow banks to reopen, thus avoiding Institutions. The Greek government commits to reduce an increase in the total financing envelope. The ECB/SSM will further the costs of the Greek administration, in line with conduct a comprehensive assessment after the summer. The a schedule agreed with the Institutions; overall buffer will cater for possible capital shortfalls following the • to fully normalize working methods with the Institutions, comprehensive assessment after the legal framework is applied. including the necessary work on the ground in Athens, to There are serious concerns regarding the sustainability of Greek improve programme implementation and monitoring. debt. This is due to the easing of policies during the last twelve The government needs to consult and agree with the months, which resulted in the recent deterioration in the domestic Institutions on all draft legislation in relevant areas with macroeconomic and financial environment. The Euro Summit adequate time before submitting it for public consultation recalls that the euro area Member States have, throughout the or to Parliament. The Euro Summit stresses again that last few years, adopted a remarkable set of measures supporting implementation is key, and in that context welcomes the Greece’s debt sustainability, which have smoothed Greece’s debt intention of the Greek authorities to request by 20 July servicing path and reduced costs significantly. support from the Institutions and Member States for Against this background, in the context of a possible future technical assistance, and asks the European Commission ESM programme, and in line with the spirit of the Eurogroup to coordinate this support from Europe; statement of November 2012, the Eurogroup stands ready to • With the exception of the humanitarian crisis bill, consider, if necessary, possible additional measures (possible the Greek government will reexamine with a view to longer grace and payment periods) aiming at ensuring that gross amending legislations that were introduced counter to financing needs remain at a sustainable level. These measures the February 20 agreement by backtracking on previous will be conditional upon full implementation of the measures to programme commitments or identify clear compensatory be agreed in a possible new programme and will be considered equivalents for the vested rights that were subsequently after the first positive completion of a review. created. The Euro Summit stresses that nominal haircuts on the debt The above-listed commitments are minimum requirements to cannot be undertaken. start the negotiations with the Greek authorities. However, the Euro Summit made it clear that the start of negotiations does not The Greek authorities reiterate their unequivocal commitment preclude any final possible agreement on a new ESM programme, to honour their financial obligations to all their creditors fully which will have to be based on a decision on the whole package and in a timely manner.

52 Provided that all the necessary conditions contained in this EU programmes) to fund investment and economic activity, document are fulfilled, the Eurogroup and ESM Board of including in SMEs. As an exceptional measure and given Governors may, in accordance with Article 13.2 of the ESM the unique situation of Greece the Commission will propose Treaty, mandate the Institutions to negotiate a new ESM to increase the level of pre-financing by EUR 1bn to give an programme, if the preconditions of Article 13 of the ESM Treaty immediate boost to investment to be dealt with by the EU co- are met on the basis of the assessment referred to in Article 13.1. legislators. The Investment Plan for Europe will also provide To help support growth and job creation in Greece (in the funding opportunities for Greece. next 3-5 years) the Commission will work closely with the Greek authorities to mobilise up to EUR 35bn (under various

53 INFORMAL MEETING OF HEADS OF STATE OR GOVERNMENT — 23 SEPTEMBER 2015

Statement

Tonight we met to deal with the unprecedented migration an optimal preparation of the Valletta Summit (11-12 and refugee crisis we are facing. We decided on a number of November) to achieve maximum progress; immediate priorities and had an in-depth discussion on how • tackle the dramatic situation at our external borders and to achieve long-term sustainable solutions. We all recognised strengthen controls at those borders, including through that there are no easy solutions and that we can only manage additional resources for Frontex, EASO and Europol, and this challenge by working together, in a spirit of solidarity and with personnel and equipment from Member States; responsibility. In the meantime we have all to uphold, apply and • meet requests from front-line Member States for assistance implement our existing rules, including the Dublin regulation by the institutions, the agencies and other Member and the Schengen acquis. States in order to ensure identification, registration and We ask the EU institutions and our Governments to work fingerprinting of migrants (hotspots) and at the same time speedily on the Priority Actions proposed by the Commission. ensure relocation and returns, at the latest by November We want operational decisions on the most pressing issues before 2015; the October European Council, along the following orientations: • enhance the funding of the Emergency Fund for Asylum, • respond to the urgent needs of refugees in the region Integration and Migration and the Internal Security Fund- by helping the for Borders. Refugees, the World Food Programme and other agencies As regards Syria, we call for a renewed UN-led international effort with at least an additional 1 billion euro; to bring an end to the war that has caused so much suffering and • assist Lebanon, Jordan, Turkey and other countries in forced an estimated 12 million people to leave their homes; the dealing with the Syrian refugee crisis, including through EU commits to doing its part in this respect, as well as for the a substantial increase of the EU’s Regional Trust Fund in formation of a government of national unity in Libya. response to the Syrian Crisis (“Madad Fund”); The orientations agreed today must be complemented by the • reinforce the dialogue with Turkey at all levels, including transposition and implementation by Member States of the rules at the upcoming visit of the Turkish President (5 October), of the Common Asylum System. In this context it is important in order to strengthen our cooperation on stemming and to create the conditions for all Member States to participate fully managing the migratory flows; in the Dublin system. • assist the Western Balkan countries in handling the refugee We urge institutions, agencies and Member States to accelerate flows, including through pre-accession instruments, their work on all aspects of the migration crisis. The Commission as well as ensure a speedy and solid preparation of the will present proposals on the mobilisation of the EU budget to Western Balkans route conference (8 October); support these orientations. Member States will match them with • increase the funding of the Emergency Trust Fund for their contributions. stability and addressing the root causes of irregular We will revert to the challenge of migration at the October migration and displaced persons in Africa through European Council. additional contributions by Member States, and ensure

54 EUROPEAN COUNCIL — 15 OCTOBER 2015

Conclusions

MIGRATION lasting prospects and adequate procedures for refugees and their families, including through access to education 1. Tackling the migration and refugee crisis is a common and jobs, until return to their country of origin is possible; obligation which requires a comprehensive strategy and a determined effort over time in a spirit of solidarity and e) ask Member States to further contribute to the efforts responsibility. The orientations agreed by Heads of State made to support UNHCR, World Food Programme or Government on 23 September focused on the most and other agencies, as well as to support the EU’s Regional pressing issues. Their implementation is advancing rapidly, Trust Fund responding to the Syria crisis and the EU Trust as evidenced by work undertaken within the Council and Fund for Africa. by the Commission report of 14 October. This will be kept under close review, including as concerns the financial Strengthening the protection of the EU’s external borders pledges and possible further needs. (building on the Schengen acquis) 2. Today, the European Council set out the following further f) work towards the gradual establishment of an integrated orientations: management system for external borders; g) make full use of the existing Frontex mandate, including Cooperating with third countries to stem the flows as regards the deployment of Rapid Border Intervention a) welcomes the joint Action Plan with Turkey as part of Teams; a comprehensive cooperation agenda based on shared h) in accordance with the distribution of competences under responsibility, mutual commitments and delivery. the Treaty, in full respect of the national competence of the Successful implementation will contribute to accelerating Member States, enhance the mandate of Frontex in the the fulfilment of the visa liberalisation roadmap towards all context of discussions over the development of a European participating Member States and the full implementation Border and Coast Guard System, including as regards the of the readmission agreement. Progress will be assessed in deployment of Rapid Border Intervention Teams in cases spring 2016. The EU and its Member States stand ready where Schengen evaluations or risk analysis demonstrate to increase cooperation with Turkey and step up their the need for robust and prompt action, in cooperation with political and financial engagement substantially within the Member State concerned; the established framework. The accession process needs i) devise technical solutions to reinforce the control of the to be re-energized with a view to achieving progress in EU’s external borders to meet both migration and security the negotiations in accordance with the negotiating objectives, without hampering the fluidity of movement; framework and the relevant Council conclusions. j) welcome the Commission’s intention to rapidly present The European Council expressed its condolences to the a package of measures with a view to improving the people of Turkey following the Ankara bomb attack and management of our external borders. pledged its support to fight terrorism; b) ensure effective and operational follow up to the High- Responding to the influx of refugees in Europe and ensuring level Conference on the Eastern Mediterranean/ returns Western Balkans Route, with particular emphasis on k) in accordance with the decisions taken so far, press ahead the management of migratory flows and the fight against with the establishment of further hotspots within the criminal networks; agreed timeframe to ensure the identification, registration, c) achieve concrete operational measures at the forthcoming fingerprinting and reception of applicants for international Valletta Summit with African Heads of State or protection and other migrants and at the same time ensure Government, focusing, in a fair and balanced manner, relocation and returns. Member States will support these on effective return and readmission, dismantling of efforts to the full, in the first place by meeting the calls criminal networks and prevention of illegal migration, for expertise from Frontex and EASO for the Migration accompanied by real efforts to tackle root causes and Management Support Teams to work in hotspot areas and to support the African socio-economic development by the provision of necessary resources; together with a commitment concerning continued l) further to the first successful relocations, proceed rapidly possibilities for legal migration; with the full implementation of the decisions taken so far d) explore possibilities for developing safe and sustainable on relocation as well as our commitments on resettlement reception capacities in the affected regions and providing and on the functioning of hotspots;

55 m) at the same time step up implementation by the Member DAESH and other UN-designated terrorist groups in the States of the Return Directive and, before the end of the framework of a united and coordinated strategy and a year, create a dedicated return office within Frontex in political process on the basis of the Geneva Communiqué order to scale up support to Member States; of 2012. The EU is fully engaged in finding a political n) enlarge the Frontex mandate on return to include the right solution to the conflict in close cooperation with the UN to organise joint return operations on its own initiative, and the countries of the region and calls on all parties and enhance its role regarding the acquisition of travel involved to work to that effect. There cannot be a lasting documents for returnees; peace in Syria under the present leadership and until the legitimate grievances and aspirations of all components o) promote the acceptance by third countries of an improved of Syrian society are addressed. The European Council European return laissez-passer as the reference document expressed its concern about the Russian attacks on the for return purposes; Syrian opposition and civilians and the risk of further p) effectively implement all readmission commitments, military escalation. whether undertaken through formal readmission 5. As regards Libya, the European Council welcomed agreements, the Cotonou Agreement or other the announcement made by the UN and called on all arrangements; parties to swiftly endorse it. The EU reiterates its offer q) further increase leverage in the fields of return and of substantial political and financial support to the readmission, using where appropriate the “more‐for‐ Government of National Accord as soon as it takes office. more” principle. In this regard, the Commission and the High Representative will propose, within six months, OTHER ITEMS comprehensive and tailor‐made incentives to be used 6. The European Council took stock of the discussions on vis‐à‐vis third countries. the Presidents’ report on completing Europe’s Economic 3. The orientations set out above represent a further and Monetary Union. The European Council reiterates important step towards our comprehensive strategy, that the process of completing the Economic and consistent with the right to seek asylum, fundamental Monetary Union must be taken forward in full respect of rights and international obligations. There are however the single market and in an open and transparent manner. other important priority actions that require further The European Council will revert to these issues at its discussions in the relevant fora, including the Commission December meeting. proposals. And there is a need for continuing reflection on 7. The European Council was informed about the the overall migration and asylum policy of the EU. The process ahead concerning the UK plans for an (in/out) European Council will keep developments under review. referendum. The European Council will revert to the matter in December. Syria and Libya 8. The European Council welcomes the international and 4. The European Council discussed political and independent report, conducted by the Dutch Safety Board, military developments in Syria, including their impact published on 13 October into the downing of flight MH17 on migration. The Assad regime bears the greatest and supports the ongoing efforts to hold to account those responsibility for the 250.000 deaths of the conflict responsible for the downing of MH17, in accordance with and the millions of displaced people. The European UNSC Resolution 2166. Council agreed on the need to focus on the fight against

56 JOINT STATEMENT OF THE EU HEADS OF STATE OR GOVERNMENT AND THE LEADERS OF THE EU INSTITUTIONS ON THE TERRORIST ATTACKS IN PARIS — 14 NOVEMBER 2015

The European Union is deeply shocked and in mourning after Good is stronger than evil. Everything that can be done at the terrorist attacks in Paris. It is an attack against us all. We will European level to make France safe will be done. We will do what face this threat together with all necessary means and ruthless is necessary to defeat extremism, terrorism and hatred. determination. We Europeans will all remember November 13th 2015 as a France is a great and strong nation. Its values of liberty, equality European day of mourning. All Europeans are invited to join and fraternity inspired and inspire the European Union. Today in one minute of silence in memory of the victims at noon on we stand united with the French people and the Government Monday, November 16th. of France. This shameful act of terrorism will only achieve the opposite of its purpose, which was to divide, frighten, and sow hatred.

57 MEETING OF EU HEADS OF STATE OR GOVERNMENT WITH TURKEY — 29 NOVEMBER 2015

Statement

1. Today the Leaders of the European Union met in Brussels EU-Turkey readmission agreement will become fully with their Turkish counterpart. Turkey has been a applicable from June 2016 in order for the Commission to candidate since 1999 and negotiating for accession since be able to present its third progress report in autumn 2016 2005. with a view to completing the visa liberalisation process i.e. 2. Turkey and the EU discussed the importance of the lifting of visa requirements for Turkish citizens in the overcoming the common challenges ahead. In line with Schengen zone by October 2016 once the requirements the conclusions of the European Council of 15 October, of the Roadmap are met. they agreed that the accession process needs to be re- 6. The EU will provide immediate and continuous energized. They are committed to carry further their humanitarian assistance in Turkey. It will also expand existing ties and solidarity and adopt result-oriented action significantly its overall financial support. A Refugee to prepare their common future. They are determined to Facility for Turkey was established by the Commission confront and surmount the existing risks and threats in to coordinate and streamline actions financed in order a concerted manner to reinforce the European Project. to deliver efficient and complementary support to Syrians Recalling the final declaration of the last G20 in Antalya, under temporary protection and host communities in as well as the 2249 UNSC resolution, Turkey and the EU Turkey. The EU is committed to provide an initial 3 billion reaffirm that the fight against terrorism remains a priority. euro of additional resources. The need for and nature of this funding will be reviewed in the light of the developing 3. For this purpose it was agreed that a structured and more situation. As Turkey hosts more than 2.2 million Syrians frequent high-level dialogue is essential to explore the and as it has spent 8 billion US Dollars, the EU thus vast potential of Turkey-EU relations, which has not been underlined the importance of burden-sharing within the realised fully yet. In this framework, both sides agreed framework of Turkey-EU cooperation. In this context, they to have regular Summits twice a year, in an appropriate underlined the contribution by Member State and existing format. Regular summits will provide a platform to assess EU resettlement schemes and programmes. the development of Turkey-EU relations and discuss international issues. Regular discussions and cooperation 7. Turkey and the EU have decided to activate the Joint on foreign and security policy should be enhanced Action Plan that had been agreed until now ad referenda including on counter-terrorism against the background on 15 October 2015, to step up their cooperation for of serious security challenges notably the rising threat support of Syrians under temporary protection and of terrorism in all its forms and manifestations. In this migration management to address the crisis created by the context, the two sides agreed to have comprehensive situation in Syria. Results must be achieved in particular regular political dialogue meetings at Ministerial/High in stemming the influx of irregular migrants. The EU and Turkey agreed to implement the Joint Action Plan Representative/Commissioner level. These will be in which will bring order into migratory flows and help to addition to the regular Association Council meetings. stem irregular migration. As a consequence, both sides High level dialogues should also be conducted on key will, as agreed and with immediate effect, step up their thematic issues. active cooperation on migrants who are not in need of 4. Both sides welcomed the announcement to hold the international protection, preventing travel to Turkey and Intergovernmental Conference on 14 December 2015 the EU, ensuring the application of the established bilateral for opening of chapter 17. Furthermore, they noted the readmission provisions and swiftly returning migrants European Commission's commitment to complete, in the who are not in need of international protection to their first quarter of 2016, the preparatory work for the opening countries of origin. Equally, they welcomed the intention of a number of chapters without prejudice to the position of Turkey to adopt immediately measures to further of Member States. Preparatory work could subsequently improve the socio-economic situation of the Syrians under begin also on further chapters. temporary protection. Both sides underlined their shared 5. The EU welcomed the commitment by Turkey to commitment to take decisive and swift action to enhance accelerate the fulfilment of the Visa Roadmap benchmarks the fight against criminal smuggling networks. vis-à-vis all participating Member States. The European 8. As stipulated in the European Council Conclusions on Commission will present the second progress report on Enlargement of December 2014, Turkey and the EU the implementation by Turkey of the visa liberalisation have been working on the establishment of a High Level roadmap by early March 2016. Both sides agree that the

58 Economic Dialogue Mechanism which will contribute to 10. They took note of the launching of preparatory steps for further enhancement of economic relations and create a upgrading the Customs Union. After completion of this business platform to bring business circles together. They preparatory work by both sides, formal negotiations could agreed to launch it in the first quarter of 2016. be launched towards the end of 2016. 9. They welcomed the establishment of a High Level Energy 11. All these elements will have to be taken forward in parallel Dialogue and Strategic Energy Cooperation, which had and monitored closely. Turkey and the EU are determined to advance together the widespread spectrum of their been launched in Ankara on 16 March 2015. A regular actual agenda to ensure that this fresh impetus yields exchange of information on energy cooperation at the concrete results. global and regional level serves to the benefit of both sides. They agreed to hold the second meeting of this kind in the first quarter of 2016.

59 EUROPEAN COUNCIL — 17–18 DECEMBER 2015

Conclusions

I. MIGRATION i) continue to closely monitor flows along migration routes so as to be able to rapidly react to developments. 1. Over the past months, the European Council has developed a strategy aimed at stemming the 2. The Council should continue work on the crisis relocation unprecedented migratory flows Europe is facing. However, mechanism taking into account experience gained, and implementation is insufficient and has to be speeded rapidly decide on its position on the list of safe countries up. For the integrity of Schengen to be safeguarded it is of origin. The Council is invited to rapidly examine indispensable to regain control over the external borders. the situation concerning . The Council Deficiencies, notably as regards hotspots, relocation and should rapidly examine the Commission proposals of 15 December on a ‘European Border and Coast Guard’, returns, must be rapidly addressed. The EU institutions the Schengen Borders Code, ‘A voluntary humanitarian and the Member States must urgently: admission scheme’, and travel documents for returns. The a) address the shortcomings at the Schengen external Council should adopt its position on the ’European Border borders, notably by ensuring systematic security checks and Coast Guard’ under the Netherlands Presidency. with relevant databases, and prevent document fraud; The Commission will rapidly present the review of the b) address deficiencies in the functioning of hotspots, Dublin system; in the meantime, existing rules must be including by establishing the necessary reception capacity implemented. It will also soon present a revised proposal to achieve their objectives; rapidly agree a precise calendar on Smart Borders. for further hotspots to become operational; ensure that 3. The Presidency, the Commission and the High Frontex and EASO have the necessary expertise and Representative will report back on progress before the equipment; February meeting of the European Council. c) ensure systematic and complete identification, registration and fingerprinting, and take measures to tackle refusal of II. FIGHT AGAINST TERRORISM registration and stem irregular secondary flows; 4. The Paris terrorist attacks of 13 November 2015 have only d) implement relocation decisions as well as consider strengthened our resolve to continue our uncompromising including among the beneficiaries of existing decisions fight against terrorism and to make full use of all the tools other Member States under high pressure who have at our disposal, including close cooperation with key requested this; partners such as the United States. The measures set out e) take concrete measures to ensure the actual return and in the Statement of the Heads of State or Government of readmission of people not authorised to stay and provide 12 February 2015, including those operationalised by the support to Member States as regards return operations; Council conclusions of 20 November 2015, need to be f) enhance measures for fighting smuggling and trafficking urgently implemented. The European Council will keep of human beings; the situation regularly under review. g) ensure implementation and operational follow up to: 5. The recent terrorist attacks demonstrate in particular the urgency of enhancing relevant information sharing, • the High Level Conference on the Eastern notably as regards: Mediterranean–Western Balkans route; in this context, it is important to help non EU Member a) ensuring the systematic entry of data on foreign terrorist States along the Western Balkans route to accomplish fighters into the Schengen Information System II; registration according to EU standards; b) ensuring the systematic sharing of criminal records • the Valletta Summit, particularly as regards returns data for people connected to terrorism (and serious and organised crime) and the extension of European Criminal and readmission, and Records Information System (ECRIS) to third country • the EU-Turkey Statement of 29 November 2015 and nationals; the EU-Turkey Action Plan; in this context COREPER c) ensuring the interoperability of the relevant databases with is asked to rapidly conclude its work on how to mobilise regard to security checks; the 3 billion euro for the Turkey Refugee Facility; h) continue implementing the agreed resettlement scheme;

60 d) improving information exchange between Member States’ internal market and in an open and transparent manner. counter-terrorism authorities, supporting the work of the It asks the Council to swiftly examine the proposals put new Europol CT Centre, and forward by the Commission as a follow-up to the report. e) increasing Member States’ contributions to Europol In particular, work should rapidly advance as regards: databases, as well as providing for the access of Europol a) more effective economic and fiscal governance, to boost and Frontex to relevant databases. competitiveness, convergence and sustainability; 6. The agreement between the co-legislators on the proposal b) the euro area’s external representation, to better reflect its for a Directive on the use of passenger name record (PNR) weight in the world economy; data for the prevention, detection, investigation and c) the Banking Union, to enhance financial stability in the prosecution of terrorist offences and serious crime paves euro area. the way for its rapid adoption and implementation which The Council will report on the progress achieved by will constitute a crucial step in the fight against terrorism. June 2016. The European Council recalls the commitment of all 15. The legal, economic and political aspects of the more long- Member States to apply the PNR to intra-EU flights, as term measures contained in the report need to be further well as to non air-carriers such as travel agencies and tour explored. Further to additional work to be undertaken by operators. the Commission and the Council, the European Council 7. The commitment made by the Heads of State or will come back to those measures at the latest by the end Government last February for deeper cooperation of 2017. between security services should be further pursued, in full respect of Member States’ sole responsibility for IV. INTERNAL MARKET national security, notably by structuring further their information exchange so that interested Member States 16. The internal market is Europe’s main engine for growth can engage in enhanced joint operational threat analysis. and job creation and a key to investment and increasing 8. It is also crucial that Member States implement systematic European competitiveness. To reap all its benefits it is crucial for its legislation to be transparent, simple and and coordinated checks at external borders, including on based on the most efficient tools, such as harmonisation individuals enjoying the right of free movement. as well as mutual recognition. It should also be effectively 9. The Council will rapidly examine the Commission and fully applied and enforced in practice, while adapting proposals on combatting terrorism and on firearms, in it to emerging challenges and minimising burdens on particular on high-powered semi-automatic weapons. economic actors. Further to the Commission’s initiatives Member States should fully implement the Regulation to strengthen and deepen the Single Market, the European on explosives precursors. Council: 10. The Council and the Commission will take rapidly further a) calls for ambition in the implementation of the roadmap action against terrorist finance in all domains identified to delivering on the Single Market Strategy to achieve a by the Council of 20 November; regarding in particular deeper and fairer Single Market for goods and services in asset freeze and other restrictive measures, priority should all key areas; be given to strengthening and, if need be, extending the b) in the interest of consumers and industry alike, invites the existing measures to tackle ISIL/Da’esh-related activity EU institutions to accelerate implementation of the Digital throughout the EU. Single Market Strategy; welcomes the agreement reached 11. The EU will urgently strengthen counter-terrorism on the data protection package as a major step forward; engagement with partners in North Africa, the Middle c) further to the Action Plan on Capital Markets Union, calls East, Turkey and the Western Balkans. on the Parliament and Council to reach rapid agreement 12. To support criminal investigations, work will be taken on the early actions, including securitisation. forward on obtaining electronic evidence, especially when 17. The European Council stresses the importance it attaches located abroad. This will include further engagement with to a successful conclusion of the TTIP negotiations. the internet industry. It urges all sides to redouble their efforts with a view to 13. The Commission, the High Representative and the EU concluding an ambitious, comprehensive and mutually Counter-terrorism Coordinator will monitor the situation beneficial agreement as soon as possible with a view to closely and report to the Council. harnessing the full potential of the transatlantic economy.

III. ECONOMIC AND MONETARY UNION V. ENERGY UNION WITH A FORWARD- 14. Further to the Five Presidents’ report on completing LOOKING CLIMATE POLICY the Economic and Monetary Union requested by the 18. The European Council welcomes the historic outcome December 2014 European Council, the European Council reached in Paris where the world adopted the first-ever confirms its commitment to work towards completing global and legally-binding climate agreement with the aim the Economic and Monetary Union, in full respect of the

61 to hold the global warming well below 2°C and to pursue to find mutually satisfactory solutions in all the four areas efforts to limit it to 1.5°C. It invites the Commission and at the European Council meeting on 18-19 February 2016. the Council to assess the results of COP21 by March 2016, in particular in view of the 2030 climate and energy VII. EXTERNAL RELATIONS framework and to prepare the next steps. 21. The European Council fully supports the efforts of the 19. The European Council assessed progress in building the International Syria Support Group to end the conflict Energy Union with a forward-looking climate policy in all in Syria through a political process in line with the 2012 its dimensions. In this context, it calls for: Geneva Communique, and the efforts of the Global a) swift of the relevant legislative proposals in Coalition to defeat the regional and global threat posed line with its previous guidance; by ISIL/Da’esh. There cannot be a lasting peace in Syria under the present regime. The EU is committed to b) full implementation of the legislation on renewable energy, continue its active engagement in the International Syria energy-efficiency and other measures, such as improved Support Group and in the Global Coalition against ISIL/ investment opportunities, in order to meet the 2020 target; Da’esh. The European Council looks forward to the Syria c) preparation of an integrated strategy for research, Conference to be co-hosted by Germany, Norway, Kuwait, innovation and competitiveness; the UK and the UN on 4 February 2016. d) swift implementation of projects of common interest 22. The European Council notes that the objective of and optimal use of infrastructure for the benefit of a providing an additional 1 billion euro to respond to the fully-functioning and interconnected market and energy urgent needs of refugees in the region to the United security. Any new infrastructure should entirely comply Nations High Commissioner for Refugees, the World with the Third Energy Package and other applicable EU Food Programme and other agencies has been exceeded legislation as well as with the objectives of the Energy and that it will remain attentive to the needs of the Union. countries of the region. 23. The EU welcomes the signing in Skhirat of the Libyan VI. UNITED KINGDOM political agreement as a very important step and stands ready to support the Government of National Accord 20. The European Council had a political exchange of views as soon as it is formed. It urges all other parties not yet on the UK plans for an (in/out) referendum. Following involved to join into the process. today’s substantive and constructive debate, the members of the European Council agreed to work closely together

62 JOINT STATEMENT OF THE EU HEADS OF STATE OR GOVERNMENT AND THE LEADERS OF THE EU INSTITUTIONS ON THE TERRORIST ATTACK IN ANKARA — 18 FEBRUARY 2016

We, the leaders of the European Union, strongly condemn Acts of terrorism, by whomever and wherever they take place, are yesterday's terrorist attack in Ankara. always unacceptable. The European Union and its Member States We extend our deepest condolences to the families and friends of will step up all efforts to counter this scourge, in cooperation with the victims and express our solidarity with the people of Turkey. partners.

63 EUROPEAN COUNCIL — 18–19 FEBRUARY 2016

Conclusions

I. THE UNITED KINGDOM AND THE (iii) this Decision is legally binding, and may be amended or EUROPEAN UNION repealed only by common accord of the Heads of State or Government of the Member States of the European 1. At their December meeting, the members of the European Union; Council agreed to work together closely to find mutually (iv) this Decision will take effect on the date the Government satisfactory solutions in all the four areas mentioned in the of the United Kingdom informs the Secretary-General British Prime Minister's letter of 10 November 2015. of the Council that the United Kingdom has decided to 2. Today, the European Council agreed that the following remain a member of the European Union. set of arrangements, which are fully compatible with 4. It is understood that, should the result of the referendum the Treaties and will become effective on the date in the United Kingdom be for it to leave the European the Government of the United Kingdom informs the Union, the set of arrangements referred to in paragraph 2 Secretary-General of the Council that the United above will cease to exist. Kingdom has decided to remain a member of the European Union, constitute an appropriate response to II. MIGRATION the concerns of the United Kingdom: a) a Decision of the Heads of State or Government, 5. In response to the migration crisis facing the EU, the meeting within the European Council, concerning a new objective must be to rapidly stem the flows, protect our settlement for the United Kingdom within the European external borders, reduce illegal migration and safeguard the integrity of the Schengen area. As part of this Union (Annex 1); comprehensive approach, the European Council assessed, b) a Statement containing a draft Council Decision on on the basis of detailed reports from the Presidency and specific provisions relating to the effective management the Commission, the state of implementation of the of the banking union and of the consequences of further orientations agreed in December. integration of the euro area which will be adopted on 6. The European Council welcomes NATO's decision to the day the Decision referred to in point (a) takes effect assist in the conduct of reconnaissance, monitoring and (Annex 2); surveillance of illegal crossings in the Aegean sea and c) a Declaration of the European Council on competitiveness calls on all members of NATO to support this measure (Annex 3); actively. The EU, in particular FRONTEX, should closely d) a Declaration of the Commission on a subsidiarity cooperate with NATO. implementation mechanism and a burden reduction 7. The full and speedy implementation of the EU-Turkey implementation mechanism (Annex 4); Action Plan remains a priority, in order to stem migration e) a Declaration of the European Commission on the flows and to tackle traffickers and smugglers networks. indexation of child benefits exported to a Member State Steps have been taken by Turkey to implement the other than that where the worker resides (Annex 5); Action Plan, notably as regards access by Syrian refugees f) a Declaration of the Commission on the safeguard to Turkey's labour market and data sharing with the mechanism referred to in paragraph 2(b) of Section D of the EU. However, the flows of migrants arriving in Greece Decision of the Heads of State or Government (Annex 6); from Turkey remain much too high. We need to see a substantial and sustainable reduction of the number g) a Declaration of the Commission on issues related to the of illegal entries from Turkey into the EU. This calls abuse of the right of free movement of persons (Annex 7). for further, decisive efforts also on the Turkish side to 3. Regarding the Decision in Annex 1, the Heads of State or ensure effective implementation of the Action Plan. The Government have declared that: European Council welcomes the agreement reached (i) this Decision gives legal guarantee that the matters of on the Facility for Refugees in Turkey and calls on the concern to the United Kingdom as expressed in the letter Commission and the Member States to implement swiftly of 10 November 2015 have been addressed; the priority projects. It also welcomes the progress on (ii) the content of the Decision is fully compatible with the preparing a credible voluntary humanitarian admission Treaties; programme with Turkey.

64 8. In addition, g) the humanitarian situation of migrants along the Western a) regarding relations with relevant third countries, the Balkans route calls for urgent action using all available comprehensive and tailor-made packages of incentives EU and national means to alleviate it. To this end, the that are currently being developed for specific countries European Council considers it necessary to now put in to ensure effective returns and readmission require place the capacity for the EU to provide humanitarian the full support of the EU and the Member States. The assistance internally, in cooperation with organisations European Council also calls on the Commission, the High such as the UNHCR, to support countries facing large Representative and the Member States to monitor and numbers of refugees and migrants, building on the address any factors that may prompt migration flows; experience of the EU Humanitarian Aid and Civil Protection department. The European Council welcomes b) implementation and operational follow-up to the Valletta the Commission's intention to make concrete proposals Summit, in particular the agreed list of 16 priority actions, as soon as possible; should continue and be stepped up; h) all the elements agreed last December should be c) humanitarian assistance should continue to be provided implemented rapidly, including the decisions on relocation to Syrian refugees and to the countries neighbouring and measures to ensure returns and readmissions. As far Syria. This is an urgent global responsibility. In this as the 'European Border and Coast Guard' proposal is context, the European Council welcomes the outcome concerned, work should be accelerated with a view to of the Conference on supporting Syria and the Region reaching a political agreement under the Netherlands in London on 4 February and calls on the Commission, Presidency and to make the new system operational as Member States and all other contributing countries to soon as possible; rapidly implement their commitments; i) the European Council invites the European Investment d) the continued and sustained irregular migrant flows along Bank to rapidly develop ideas, in cooperation with the the Western Balkans route remain a grave concern that Commission, on how it can contribute to the EU response. requires further concerted action and an end to the wave 9. The comprehensive strategy agreed in December will only through approach and to uncoordinated measures along bring results if all its elements are pursued jointly and if the the route, taking into account humanitarian consequences institutions and the Member States act together and in full for Member States affected. It is also important to remain coordination. At the same time, progress must be made vigilant about potential developments regarding other towards reforming the EU's existing framework so as to routes so as to be able to take rapid and concerted action; ensure a humane and efficient asylum policy. To this end, e) the Council adopted a Recommendation on 12 February following today's in-depth discussion, preparations will be 2016. It is important to restore, in a concerted manner, the stepped up so as to allow for a comprehensive debate at normal functioning of the Schengen area, with full support the next European Council, where, on the basis of a more for Member States which face difficult circumstances. We definitive assessment, further orientations have to be fixed need to get back to a situation where all Members of the and choices made. Schengen area apply fully the Schengen Borders Code and refuse entry at external borders to third-country III. EXTERNAL RELATIONS nationals who do not satisfy the entry conditions or who have not made an asylum application despite Syria having had the opportunity to do so, while taking into 10. Recalling UNSC Resolution 2254, the European Council account the specificities of maritime borders, including welcomes the commitments made by the International by implementing the EU-Turkey agenda; Syria Support Group meeting in Munich on 11/12 f) with the help of the EU, the setting up and functioning of February and calls on all parties to swiftly implement these hotspots is gradually improving as regards identification, commitments in full. A nationwide cessation of hostilities registration, fingerprinting and security checks on persons must urgently be implemented, applying to any party and travel documents; however, much remains to be done, currently engaged in military or paramilitary hostilities, in particular to make hotspots fully functional, to ensure other than groups designated as terrorist organisations by the full 100% identification and registration of all entries the United Nations Security Council. (including systematic security checks against European The European Council calls on the Syrian regime and its databases, in particular the Schengen Information allies to stop at once attacking non-terrorist opposition System, as required under EU law), to fully implement the groups, which threatens the prospects for peace, benefits relocation process, to stem secondary flows of irregular Da'esh and drives the refugee crisis. The European migrants and asylum-seekers and to provide the significant Council is concerned by the risk of further military reception facilities needed to accommodate migrants escalation and condemns the repeated bombing of civilian under humane conditions while their situation is being infrastructure and calls for an immediate cessation of clarified. Asylum seekers do not have the right to choose bombardments in civilian areas, in particular in the the Member State in which they seek asylum; corridor between Aleppo and the Turkish-Syrian border.

65 The implementation should jointly be verified by the so. Accordingly, for as long as the said derogations are not relevant parties. The European Council welcomes the abrogated or the said protocols have not ceased to apply following start of delivery of humanitarian aid within one week to notification or request from the relevant Member State, not all civilians in besieged areas and urges all sides to ensure that Member States have the euro as their currency. Recalling that the this continues and use this as a first step to full sustained process towards the establishment of the banking union and a and unimpeded humanitarian access throughout Syria, more integrated governance of the euro area is open to Member as agreed in Munich, including Aleppo, and in full States that do not have the euro as their currency, compliance with international humanitarian law. Recalling that the Treaties, together with references to the process of European integration and to the process of creating Libya an ever closer union among the peoples of Europe, contain also 11. Stabilising Libya remains a high priority for regional and specific provisions whereby some Member States are entitled not European security and for managing migration flows in to take part in or are exempted from the application of certain the central Mediterranean. The European Council urges provisions or chapters of the Treaties and Union law as concerns all parties to implement the Libyan Political Agreement, matters such as the adoption of the euro, decisions having defence install a Government of National Accord, and focus efforts implications, the exercise of border controls on persons, as well on restoring the economy and fighting terrorism. The EU, as measures in the area of freedom, security and justice. Treaty in cooperation with the UN, will support these efforts. provisions also allow for the non-participation of one or more Member States in actions intended to further the objectives IV. EUROPEAN SEMESTER of the Union, notably through the establishment of enhanced cooperations. Therefore, such processes make possible different 12. The European Council endorsed the recommendation paths of integration for different Member States, allowing those on the economic policy of the euro area. that want to deepen integration to move ahead, whilst respecting the rights of those which do not want to take such a course, Recalling in particular that the United Kingdom is entitled under ANNEX I the Treaties: – not to adopt the euro and therefore to keep the British DECISION OF THE HEADS OF STATE OR pound sterling as its currency (Protocol No 15), GOVERNMENT, MEETING WITHIN THE – not to participate in the Schengen acquis (Protocol EUROPEAN COUNCIL, CONCERNING A NEW No 19), SETTLEMENT FOR THE UNITED KINGDOM – to exercise border controls on persons, and therefore not WITHIN THE EUROPEAN UNION to participate in the Schengen area as regards internal and external borders (Protocol No 20), The Heads of State or Government of the 28 Member States of the European Union, meeting within the European Council, – to choose whether or not to participate in measures in the whose Governments are signatories of the Treaties on which the area of freedom, security and justice (Protocol No 21), Union is founded, – to cease to apply as from 1 December 2014 a large Desiring to settle, in conformity with the Treaties, certain issues majority of Union acts and provisions in the field of police raised by the United Kingdom in its letter of 10 November 2015, cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Lisbon Treaty Intending to clarify in this Decision certain questions of while choosing to continue to participate in 35 of them particular importance to the Member States so that such (Article 10(4) and (5) of Protocol No 36), clarification will have to be taken into consideration as being an instrument for the interpretation of the Treaties; intending as well Recalling also that the Charter of Fundamental Rights of the to agree arrangements for matters including the role of national European Union has not extended the ability of the Court of Parliaments in the Union, as well as the effective management of Justice of the European Union or any court or tribunal of the the banking union and of the consequences of further integration United Kingdom to rule on the consistency of the laws and of the euro area, practices of the United Kingdom with the fundamental rights that it reaffirms (Protocol No 30), Recalling the Union's objective of establishing, in accordance with the Treaties, an economic and monetary union whose Determined to exploit fully the potential of the internal market currency is the euro and the importance which a properly in all its dimensions, to reinforce the global attractiveness of the functioning euro area has for the European Union as a whole. Union as a place of production and investment, and to promote While nineteen Member States have already adopted the single international trade and market access through, inter alia, the currency, other Member States are under a derogation which negotiation and conclusion of trade agreements, in a spirit of applies until the Council decides that the conditions are met mutual and reciprocal benefit and transparency, for its abrogation and two Member States have, pursuant to Determined also to facilitate and support the proper functioning Protocols No 15 and No 16 annexed to the Treaties, respectively of the euro area and its long-term future, for the benefit of all no obligation to adopt the euro or an exemption from doing Member States,

66 Respecting the powers of the institutions of the Union, including safeguarded notably through the Council Decision5 referring to it. throughout the legislative and budgetary procedures, and not 1. Discrimination between natural or legal persons based affecting the relations of the Union institutions and bodies with on the official currency of the Member State, or, as the the national competent authorities, case may be, the currency that has legal tender in the Respecting the powers of the central banks in the performance Member State, where they are established is prohibited. of their tasks, including the provision of central bank liquidity Any difference of treatment must be based on objective within their respective jurisdictions, reasons. Having regard to the Statement containing the draft Decision Legal acts, including intergovernmental agreements of the Council on specific provisions relating to the effective between Member States, directly linked to the functioning management of the banking union and of the consequences of of the euro area shall respect the internal market, as well as economic and social and territorial cohesion, and shall not further integration of the euro area, constitute a barrier to or discrimination in trade between Having regard to the Conclusions of the European Council of 26 Member States. These acts shall respect the competences, and 27 June 2014 and of 18 and 19 February 2016, rights and obligations of Member States whose currency Noting the Declaration of the European Council on is not the euro. competitiveness, Member States whose currency is not the euro shall not Noting the Declaration of the Commission on a subsidiarity impede the implementation of legal acts directly linked implementation mechanism and a burden reduction imple- to the functioning of the euro area and shall refrain from mentation mechanism, measures which could jeopardise the attainment of the objectives of economic and monetary union. Noting the Declaration of the Commission on the safeguard mechanism referred to in paragraph 2(b) of Section D of the 2. Union law on the banking union conferring upon the Decision, European Central Bank, the Single Resolution Board or Union bodies exercising similar functions, authority over Noting the Declaration of the Commission on issues related to credit institutions is applicable only to credit institutions the abuse of the right of free movement of persons, located in Member States whose currency is the euro or Having taken into account the views expressed by the President in Member States that have concluded with the European and members of the European Parliament, Central Bank a close cooperation agreement on prudential Have agreed on the following Decision: supervision, in accordance with relevant EU rules and subject to the requirements of group and consolidated SECTION A supervision and resolution. ECONOMIC GOVERNANCE The single rulebook is to be applied by all credit institutions and other financial institutions in order to In order to fulfil the Treaties' objective to establish an economic ensure the level-playing field within the internal market. and monetary union whose currency is the euro, further Substantive Union law to be applied by the European deepening is needed. Measures, the purpose of which is to Central Bank in the exercise of its functions of single further deepen economic and monetary union, will be voluntary supervisor, or by the Single Resolution Board or Union for Member States whose currency is not the euro and will be bodies exercising similar functions, including the single open to their participation wherever feasible. This is without rulebook as regards prudential requirements for credit prejudice to the fact that Member States whose currency is not institutions or other legislative measures to be adopted the euro, other than those without an obligation to adopt the for the purpose of safeguarding financial stability, may euro or exempted from it, are committed under the Treaties to need to be conceived in a more uniform manner than make progress towards fulfilling the conditions necessary for the corresponding rules to be applied by national authorities of adoption of the single currency. Member States that do not take part in the banking union. It is acknowledged that Member States not participating in the To this end, specific provisions within the single rulebook further deepening of the economic and monetary union will not and other relevant instruments may be necessary, while create obstacles to but facilitate such further deepening while this preserving the level-playing field and contributing to process will, conversely, respect the rights and competences of the financial stability. non-participating Member States. The Union institutions, together 3. Emergency and crisis measures designed to safeguard the with the Member States, will facilitate the coexistence between financial stability of the euro area will not entail budgetary different perspectives within the single institutional framework responsibility for Member States whose currency is not the ensuring consistency, the effective operability of Union mechanisms and the equality of Member States before the Treaties, as well as the level-playing field and the integrity of the internal market. Mutual respect and sincere cooperation between Member 5 Council Decision on specific provisions relating to the effective States participating or not in the operation of the euro area will management of the banking union and of the consequences of be ensured by the principles recalled in this Section, which are further integration of the euro area.

67 euro, or, as the case may be, for those not participating in the changing environment. At the same time, the relevant EU the banking union. institutions and the Member States will take concrete steps Appropriate mechanisms to ensure full reimbursement towards better regulation, which is a key driver to deliver the will be established where the general budget of the Union above-mentioned objectives. This means lowering administrative supports costs, other than administrative costs, that derive burdens and compliance costs on economic operators, especially from the emergency and crisis measures referred to in the small and medium enterprises, and repealing unnecessary first subparagraph. legislation as foreseen in the Declaration of the Commission on a subsidiarity implementation mechanism and a burden reduction 4. The implementation of measures, including the implementation mechanism, while continuing to ensure high supervision or resolution of financial institutions and standards of consumer, employee, health and environmental markets, and macro-prudential responsibilities, to be taken protection. The European Union will also pursue an active and in view of preserving the financial stability of Member ambitious trade policy. States whose currency is not the euro is, subject to the Progress on all these elements of a coherent policy for requirements of group and consolidated supervision and competitiveness will be closely monitored and reviewed as resolution, a matter for their own authorities and own appropriate. budgetary responsibility, unless such Member States wish to join common mechanisms open to their participation. SECTION C This is without prejudice to the development of the single SOVEREIGNTY rulebook and to Union mechanisms of macro-prudential oversight for the prevention and mitigation of systemic 1. It is recognised that the United Kingdom, in the light financial risks in the Union and to the existing powers of of the specific situation it has under the Treaties, is not committed to further political integration into the Union to take action that is necessary to respond to the European Union. The substance of this will be threats to financial stability. incorporated into the Treaties at the time of their next 5. The informal meetings of the ministers of the Member revision in accordance with the relevant provisions of the States whose currency is the euro, as referred to in Protocol Treaties and the respective constitutional requirements (No 14) on the Euro Group, shall respect the powers of the of the Member States, so as to make it clear that the Council as an institution upon which the Treaties confer references to ever closer union do not apply to the United legislative functions and within which Member States Kingdom. coordinate their economic policies. The references in the Treaties and their preambles to the In accordance with the Treaties, all members of the process of creating an ever closer union among the peoples Council participate in its deliberations, even where not of Europe do not offer a legal basis for extending the all members have the right to vote. Informal discussions scope of any provision of the Treaties or of EU secondary by a group of Member States shall respect the powers of legislation. They should not be used either to support an the Council, as well as the prerogatives of the other EU extensive interpretation of the competences of the Union institutions. or of the powers of its institutions as set out in the Treaties. 6. Where an issue relating to the application of this Section These references do not alter the limits of Union is to be discussed in the European Council as provided in competence governed by the principle of conferral, or paragraph 1 of Section E, due account will be taken of the the use of Union competence governed by the principles possible urgency of the matter. of subsidiarity and proportionality. They do not require 7. The substance of this Section will be incorporated into that further competences be conferred upon the European the Treaties at the time of their next revision in accordance Union or that the European Union must exercise its with the relevant provisions of the Treaties and the existing competences, or that competences conferred on respective constitutional requirements of the Member the Union could not be reduced and thereby returned to States. the Member States. The competences conferred by the Member States on the SECTION B Union can be modified, whether to increase or reduce COMPETITIVENESS them, only through a revision of the Treaties with the The establishment of an internal market in which the free agreement of all Member States. The Treaties already contain specific provisions whereby some Member movement of goods, persons, services and capital is ensured is an States are entitled not to take part in or are exempted essential objective of the Union. To secure this objective and to from the application of certain provisions of Union generate growth and jobs, the EU must enhance competitiveness, law. The references to an ever closer union among the along the lines set out in the Declaration of the European Council peoples are therefore compatible with different paths of on competitiveness. integration being available for different Member States To this end, the relevant EU institutions and the Member and do not compel all Member States to aim for a common States will make all efforts to fully implement and strengthen destination. the internal market, as well as to adapt it to keep pace with

68 The Treaties allow an evolution towards a deeper degree Protocols No 21 and No 22 will apply to it, including when of integration among the Member States that share such this entails the splitting of the measure into two acts. a vision of their common future, without this applying to 5. Article 4(2) of the Treaty on European Union confirms other Member States. that national security remains the sole responsibility 2. The purpose of the principle of subsidiarity is to ensure of each Member State. This does not constitute a that decisions are taken as closely as possible to the citizen. derogation from Union law and should therefore not be The choice of the right level of action therefore depends, interpreted restrictively. In exercising their powers, the inter alia, on whether the issue under consideration has Union institutions will fully respect the national security transnational aspects which cannot be satisfactorily responsibility of the Member States. regulated by action by Member States and on whether The benefits of collective action on issues that affect the action at Union level would produce clear benefits by security of Member States are recognised. reason of its scale or effects compared with actions at the level of Member States. SECTION D Reasoned opinions issued by national Parliaments in SOCIAL BENEFITS AND FREE MOVEMENT accordance with Article 7(1) of Protocol No 2 on the Free movement of workers within the Union is an integral part application of the principles of subsidiarity and proportionality of the internal market which entails, among others, the right for are to be duly taken into account by all institutions involved workers of the Member States to accept offers of employment in the decision-making process of the Union. Appropriate anywhere within the Union. Different levels of remuneration arrangements will be made to ensure this. among the Member States make some offers of employment 3. Where reasoned opinions on the non-compliance of a more attractive than others, with consequential movements that draft Union legislative act with the principle of subsidiarity, are a direct result of the freedom of the market. However, the sent within 12 weeks from the transmission of that draft, social security systems of the Member States, which Union law represent more than 55 % of the votes allocated to the coordinates but does not harmonise, are diversely structured and national Parliaments, the Council Presidency will include this may in itself attract workers to certain Member States. It is the item on the agenda of the Council for a comprehensive legitimate to take this situation into account and to provide, both discussion on these opinions and on the consequences to at Union and at national level, and without creating unjustified be drawn therefrom. direct or indirect discrimination, for measures limiting flows of Following such discussion, and while respecting workers of such a scale that they have negative effects both for the the procedural requirements of the Treaties, the Member States of origin and for the Member States of destination. representatives of the Member States acting in their The concerns expressed by the United Kingdom in this regard are capacity as members of the Council will discontinue duly noted, in view of further developments of Union legislation the consideration of the draft legislative act in question and of relevant national law. unless the draft is amended to accommodate the concerns expressed in the reasoned opinions. Interpretation of current EU rules For the purposes of this paragraph, the votes allocated 1. The measures referred to in the introductory paragraph to the national Parliaments are calculated in accordance should take into account that Member States have the with Article 7(1) of Protocol No 2. Votes from national right to define the fundamental principles of their social Parliaments of Member States not participating in the security systems and enjoy a broad margin of discretion to adoption of the legislative act in question are not counted. define and implement their social and employment policy, including setting the conditions for access to welfare 4. The rights and obligations of Member States provided benefits. for under the Protocols annexed to the Treaties must be fully recognised and given no lesser status than the other (a) Whereas the free movement of workers under Article 45 provisions of the Treaties of which such Protocols form TFEU entails the abolition of any discrimination based an integral part. on nationality as regards employment, remuneration and other conditions of work and employment, this right In particular, a measure adopted pursuant to Title V of Part may be subject to limitations on grounds of public policy, Three of the Treaty on the Functioning of the European public security or public health. In addition, if overriding Union (TFEU) on the area of freedom, security and justice reasons of public interest make it necessary, free movement does not bind the Member States covered by Protocols No of workers may be restricted by measures proportionate 21 and No 22, unless the Member State concerned, where to the legitimate aim pursued. Encouraging recruitment, the relevant Protocol so allows, has notified its wish to be reducing , protecting vulnerable workers bound by the measure. and averting the risk of seriously undermining the The representatives of the Member States acting in their sustainability of social security systems are reasons of capacity as members of the Council will ensure that, where public interest recognised in the jurisprudence of the a Union measure, in the light of its aim and content, falls Court of Justice of the European Union for this purpose, within the scope of Title V of Part Three of the TFEU, based on a case by case analysis.

69 Based on objective considerations independent of the Changes to EU secondary legislation nationality of the persons concerned and proportionate 2. It is noted that, following the taking effect of this Decision, to the legitimate aim pursued, conditions may be imposed the Commission will submit proposals for amending in relation to certain benefits to ensure that there is a real existing EU secondary legislation as follows: and effective degree of connection between the person (a) a proposal to amend Regulation (EC) No 883/2004 concerned and the labour market of the host Member of the European Parliament and of the Council6 on the State. coordination of social security systems in order to give (b) Free movement of EU citizens under Article 21 TFEU is Member States, with regard to the exportation of child to be exercised subject to the limitations and conditions benefits to a Member State other than that where the laid down in the Treaties and the measures adopted to give worker resides, an option to index such benefits to the them effect. conditions of the Member State where the child resides. The right of economically non active persons to reside in This should apply only to new claims made by EU workers the host Member State depends under EU law on such in the host Member State. However, as from 1 January persons having sufficient resources for themselves and 2020, all Member States may extend indexation to existing their family members not to become a burden on the social claims to child benefits already exported by EU workers. assistance system of the host Member State, and on those The Commission does not intend to propose that the persons having comprehensive sickness insurance. future system of optional indexation of child benefits be Member States have the possibility of refusing to grant extended to other types of exportable benefits, such as old- social benefits to persons who exercise their right to age pensions; freedom of movement solely in order to obtain Member (b) in order to take account of a pull factor arising from a States' social assistance although they do not have Member State's in-work benefits regime, a proposal to sufficient resources to claim a right of residence. amend Regulation (EU) No 492/2011 of the European 7 Member States may reject claims for social assistance by Parliament and of the Council on freedom of movement EU citizens from other Member States who do not enjoy a for workers within the Union which will provide for an right of residence or are entitled to reside on their territory alert and safeguard mechanism that responds to situations solely because of their job-search. This includes claims by of inflow of workers from other Member States of an EU citizens from other Member States for benefits whose exceptional magnitude over an extended period of time, predominant function is to cover the minimum subsistence including as a result of past policies following previous EU costs, even if such benefits are also intended to facilitate enlargements. A Member State wishing to avail itself of access to the labour market of the host Member States. the mechanism would notify the Commission and the Council that such an exceptional situation exists on a scale (c) Those enjoying the right to free movement shall abide by that affects essential aspects of its social security system, the laws of the host Member State. including the primary purpose of its in-work benefits In accordance with Union law, Member States are able system, or which leads to difficulties which are serious and to take action to prevent abuse of rights or fraud, such as liable to persist in its employment market or are putting an the presentation of forged documents, and address cases excessive pressure on the proper functioning of its public of contracting or maintaining marriages of convenience services. On a proposal from the Commission after having with third country nationals for the purpose of making use examined the notification and the reasons stated therein, of free movement as a route for regularising unlawful stay the Council could authorise the Member State concerned in a Member State or address cases of making use of free to restrict access to non-contributory in-work benefits to movement as a route for bypassing national the extent necessary. The Council would authorise that rules applying to third country nationals. Member State to limit the access of newly arriving EU Host Member States may also take the necessary restrictive workers to non-contributory in-work benefits for a total measures to protect themselves against individuals whose period of up to four years from the commencement of personal conduct is likely to represent a genuine and employment. The limitation should be graduated, from an serious threat to public policy or security. In determining initial complete exclusion but gradually increasing access whether the conduct of an individual poses a present threat to such benefits to take account of the growing connection to public policy or security, Member States may take into of the worker with the labour market of the host Member account past conduct of the individual concerned and State. The authorisation would have a limited duration the threat may not always need to be imminent. Even in the absence of a previous criminal conviction, Member States may act on preventative grounds, so long as they are specific to the individual concerned. 6 Regulation (EC) No 883/2004 of the European Parliament and of Further exchange of information and administrative the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). cooperation between Member States will be developed 7 Regulation (EU) No 492/2011 of the European Parliament and of together with the Commission in order to more effectively the Council of 5 April 2011 on freedom of movement for workers fight against such abuse of rights and fraud. within the Union (OJ L 141, 27.5.2011, p. 1).

70 and apply to EU workers newly arriving during a period Whereas: of 7 years. (1) Supplementing Decision 2009/857/EC of 13 December The representatives of the Member States, acting in their capacity 20078, provisions should be adopted in order to allow for as members of the Council, will proceed with work on these the effective management of the banking union and of legislative proposals as a matter of priority and do all within their the consequences of further integration of the euro area. power to ensure their rapid adoption. (2) The mechanism in this Decision contributes to the respect The future measures referred to in this paragraph should not of the principles laid down in Section A of the Decision result in EU workers enjoying less favourable treatment than of the Heads of State or Government as regards legislative third country nationals in a comparable situation. acts relating to the effective management of the banking union and of the consequences of further integration of Changes to EU primary law the euro area, the adoption of which is subject to the vote 3. With regard to future enlargements of the European of all members of the Council. Union, it is noted that appropriate transitional measures (3) In accordance with paragraph 1 of Section E of the concerning free movement of persons will be provided Decision of the Heads of State or Government, meeting for in the relevant Acts of Accession to be agreed by all within the European Council, concerning a new Member States, in accordance with the Treaties. In this settlement for the United Kingdom within the European context, the position expressed by the United Kingdom Union9, any Member State may ask the President of the in favour of such transitional measures is noted. European Council that an issue relating to the application of that Decision be discussed in the European Council. SECTION E (4) This Decision is without prejudice to the specific voting APPLICATION AND FINAL PROVISIONS arrangements agreed by the representatives of the 28 1. Any Member State may ask the President of the European Member States meeting within the Council on 18 Council that an issue relating to the application of this December 201310, concerning the adoption of Decisions Decision be discussed in the European Council. by the Council on the basis of Article 18 of Regulation 2. This Decision shall take effect on the same date as (EU) No 806/2014 of the European Parliament and of 11 the Government of the United Kingdom informs the the Council . Secretary-General of the Council that the United (5) In the application of this Decision, and in particular with Kingdom has decided to remain a member of the reference to the reasonable time for the Council to discuss European Union. the issue concerned, due account should be taken of the possible urgency of the situation, HAS ADOPTED THIS DECISION: ANNEX II

STATEMENT ON SECTION A OF THE DECISION OF THE HEADS OF STATE OR GOVERNMENT, MEETING WITHIN THE EUROPEAN COUNCIL, CONCERNING A NEW SETTLEMENT FOR THE UNITED KINGDOM WITHIN THE EUROPEAN UNION The Heads of State or Government declare that the Council Decision on specific provisions relating to the effective management of the banking union and of the consequences 8 Council Decision 2009/857/EC of 13 December 2007 relating of further integration of the euro area will be adopted by the to the implementation of Article 16(4) of the Treaty on European Union and Article 238(2) of the Treaty on the Functioning of the Council on the date of the taking effect of the Decision of the European Union between 1 November 2014 and 31 March 2017 Heads of State or Government, meeting within the European on the one hand, and as from 1 April 2017 on the other (OJ L 314, Council, concerning a new settlement for the United Kingdom 1.12.2009, p. 73). within the European Union, and will enter into force on that 9 Decision of the Heads of State or Government, meeting within the European Council, concerning a new settlement for the United same day. Kingdom within the European Union (OJ C .., …2016, p. ..). The draft Decision is set out below: 10 Declaration of 18 December 2013 of the Representatives of the 28 Member States meeting within the Council, doc. No. 18137/13. Draft Council Decision 11 Regulation (EU) No 806/2014 of the European Parliament and on specific provisions relating to the effective management of the of the Council of 15 July 2014 establishing uniform rules and a banking union and of the consequences of further integration of uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution the euro area Mechanism and a Single Resolution Fund and amending THE COUNCIL OF THE EUROPEAN UNION, Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1). 71 Article 1 ANNEX III 1. If, in relation to the legislative acts to which Section A of the Decision of the Heads of State or Government applies, EUROPEAN COUNCIL DECLARATION ON the adoption of which is subject to the vote of all members COMPETITIVENESS of the Council, at least one member of the Council that does not participate in the banking union indicates its Europe must become more competitive if we are to generate reasoned opposition to the Council adopting such an act growth and jobs. Although this goal has been at the heart of EU by qualified majority, the Council shall discuss the issue. activities in recent years, the European Council is convinced more The Member State concerned shall justify its opposition can be done in order to exploit fully the potential of all strands by indicating how the draft act does not respect the of the internal market, promote a climate of entrepreneurship principles laid down in Section A of that Decision. and job creation, invest and equip our economies for the future, facilitate international trade, and make the Union a more 2. The Council shall, in the course of these discussions, do all attractive partner. in its power to reach, within a reasonable time and without prejudicing obligatory time limits laid down by Union The European Council highlights the enormous value of the law, a satisfactory solution to address concerns raised by internal market as an area without frontiers within which goods, the member or members of the Council referred to in persons, services and capital move unhindered. This constitutes paragraph 1. one of the Union's greatest achievements. In these times of economic and social challenges, we need to breathe new life into 3. To that end, the President of the Council, with the the internal market and adapt it to keep pace with our changing assistance of the Commission and in compliance with the 12 environment. Europe must boost its international competiveness Rules of Procedure of the Council , shall undertake any across the board in services and products and in key areas such initiative necessary to facilitate a wider basis of agreement as energy and the digital single market. in the Council. The members of the Council shall lend him or her their assistance. The European Council urges all EU institutions and Member States to strive for better regulation and to repeal unnecessary While taking due account of the possible urgency of legislation in order to enhance EU competitiveness while having the matter and based on the reasons for opposing as due regard to the need to maintain high standards of consumer, indicated under paragraph 1, a request for a discussion in employee, health and environmental protection. This is a key the European Council on the issue, before it returns to the driver to deliver economic growth, foster competitiveness and Council for decision, may constitute such an initiative. Any job creation. such referral is without prejudice to the normal operation of the legislative procedure of the Union and cannot result To contribute to this objective, the European Parliament, the in a situation which would amount to allowing a Member Council and the Commission have agreed the Interinstitutional State a . Agreement on Better Law Making. Effective cooperation in this framework is necessary in order to simplify Union legislation Article 2 and to avoid overregulation and administrative burdens for This Decision, which supplements Decision 2009/857/EC, shall citizens, administrations and businesses, including small and enter into force on the date of the taking effect of the Decision of medium sized enterprises, while ensuring that the objectives of the Heads of State or Government, meeting within the European the legislation are met. Council, concerning a new settlement for the United Kingdom The focus must be on: within the European Union. It shall cease to apply if the latter • a strong commitment to regulatory simplification and ceases to apply. burden reduction, including through withdrawal or Done at …, [date] repeal of legislation where appropriate, and a better use For the Council of impact assessment and ex-post evaluation throughout the legislative cycle, at the EU and national levels. This The President work should build on the progress already made with the [name] Regulatory Fitness Programme (REFIT); • doing more to reduce the overall burden of EU regulation, especially on SMEs and micro-enterprises; • establishing where feasible burden reduction targets in key sectors, with commitments by EU institutions and Member States. The European Council welcomes the Commission's commitment to review every year the success of the Union's efforts to simplify legislation, avoid over-regulation and reduce burdens on business. This annual overview done in support of the Commission's REFIT program will include an Annual Burden 12 Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35). Survey and also look at the stock of existing EU law.

72 The European Council also asks the Council to examine small and medium size enterprises. Once established, the the annual reviews conducted by the Commission under its Commission will monitor progress against these targets and Declaration on Subsidiarity with a view to ensuring that these report to the European Council annually. are given appropriate follow up in the different areas of the Union's activities. It invites the Commission to propose repealing measures that are inconsistent with the principle of subsidiarity ANNEX V or that impose a disproportionate regulatory burden. The European Council stresses the importance of a strong, DECLARATION OF THE EUROPEAN rules-based multilateral trading system and the need to conclude COMMISSION ambitious bilateral trade and investment agreements with third on the indexation of child benefits exported to a countries, in a spirit of reciprocity and mutual benefit. In this context it welcomes the recent agreement reached by the WTO Member State other than that where the worker resides in Nairobi. Work must be advanced in negotiations with the US, The Commission will make a proposal to amend Regulation Japan and key partners in Latin America, notably Mercosur, and (EC) No 883/2004 of the European Parliament and of the in the Asia-Pacific region. Trade must benefit all, consumers, Council13 on the coordination of social security systems in order workers and economic operators alike. The new trade strategy to give Member States, with regard to the exportation of child ("Trade for All: Towards a more responsible trade and investment benefits to a Member State other than that where the worker policy") is a crucial component. resides, an option to index such benefits to the conditions of the The European Council will keep developments under review Member State where the child resides. and asks the General Affairs Council and the Competitiveness The Commission considers that these conditions include the Council to regularly evaluate progress on the various elements standard of living and the level of child benefits applicable in that set out in this Declaration. Member State.

ANNEX VI ANNEX IV DECLARATION OF THE EUROPEAN DECLARATION OF THE EUROPEAN COMMISSION COMMISSION on the Safeguard Mechanism referred to in paragraph on a subsidiarity implementation mechanism 2(b) of Section D of the Decision of the Heads of State and a burden reduction implementation mechanism or Government, meeting within the European Council, The Commission will establish a mechanism to review the body concerning a new settlement for the United Kingdom of existing EU legislation for its compliance with the principle of subsidiarity and proportionality, building on existing processes within the European Union and with a view to ensuring the full implementation of this With reference to paragraph 2(b) of Section D of the Decision of principle. the Heads of State or Government, meeting within the European The Commission will draw up priorities for this review taking Council, concerning a new settlement for the United Kingdom into account the views of the European Parliament, the Council within the European Union, the European Commission will and the national parliaments. table a proposal to amend Regulation 492/2011 on freedom of movement for workers within the Union to provide for a The Commission will propose a programme of work by the safeguard mechanism with the understanding that it can and end of 2016 and subsequently report on an annual basis to the will be used and therefore will act as a solution to the United European Parliament and the Council. Kingdom's concerns about the exceptional inflow of workers The Commission is fully committed to and will continue from elsewhere in the European Union that it has seen over the its efforts to make EU law simpler and to reduce regulatory last years. burden for EU business operators without compromising The European Commission considers that the kind of policy objectives by applying the 2015 Better Regulation information provided to it by the United Kingdom, in Agenda, including in particular the Commission's Regulatory particular as it has not made full use of the transitional periods Fitness and Performance Programme (REFIT). Cutting on free movement of workers which were provided for in recent tape for entrepreneurship, in particular small and medium size Accession Acts, shows the type of exceptional situation that the enterprises, remains an overarching goal for all of us in delivering proposed safeguard mechanism is intended to cover exists in the growth and jobs. The Commission, within the REFIT platform, will work with Member States and stakeholders, towards establishing specific 13 Regulation (EC) No 883/2004 of the European Parliament and of targets at EU and national levels for reducing burden on business, the Council of 29 April 2004 on the coordination of social security particularly in the most onerous areas for companies, in particular systems (OJ L 166, 30.4.2004, p. 1).

73 United Kingdom today. Accordingly, the United Kingdom would • Member States can address specific cases of abuse of be justified in triggering the mechanism in the full expectation free movement rights by Union citizens returning to of obtaining approval. their Member State of nationality with a non-EU family member where residence in the host Member State has not been sufficiently genuine to create or strengthen family life ANNEX VII and had the purpose of evading the application of national immigration rules. DECLARATION OF THE EUROPEAN • The concept of marriage of convenience - which is not COMMISSION protected under Union law – also covers a marriage which is maintained for the purpose of enjoying a right on issues related to the abuse of the right of free of residence by a family member who is not a national of movement of persons a Member State. The Commission notes the Decision of the Heads of State or The Commission will also clarify that Member States may take Government, meeting within the European Council, concerning into account past conduct of an individual in the determination a new settlement for the United Kingdom within the European of whether a Union citizen's conduct poses a "present" threat to Union and notably its section D. public policy or security. They may act on grounds of public The Commission intends to adopt a proposal to complement policy or public security even in the absence of a previous Directive 2004/38 on free movement of Union citizens in order criminal conviction on preventative grounds but specific to the to exclude, from the scope of free movement rights, third country individual concerned. The Commission will also clarify the nationals who had no prior lawful residence in a Member State notions of "serious grounds of public policy or public security" before marrying a Union citizen or who marry a Union citizen and "imperative grounds of public security". Moreover, on only after the Union citizen has established residence in the host the occasion of a future revision of Directive 2004/38 on free Member State. Accordingly, in such cases, the host Member movement of Union citizens, the Commission will examine the State's immigration law will apply to the third country national. thresholds to which these notions are connected. This proposal will be submitted after the above Decision has These clarifications will be developed in a Communication taken effect. providing guidelines on the application of Union law on the free As regards situations of abuse in the context of entry and movement of Union citizens. residence of non-EU family members of mobile Union citizens the Commission will clarify that:

74 MEETING OF EU HEADS OF STATE OR GOVERNMENT WITH TURKEY — 7 MARCH 2016

Statement

1. Following their meeting with Prime Minister Davutoğlu, The President of the European Council will take forward the EU Heads of State or Government addressed the these proposals and work out the details with the Turkish migration situation, in particular as regards the Western side before the March European Council. This work will Balkans route. They welcomed their discussion with respect European and international law. the Turkish Prime Minister on EU-Turkey relations The EU Heads of State or Government also discussed with and on the progress made in the implementation of the the Turkish Prime Minister the situation of the media in Joint Action Plan. Turkey confirmed its commitment in Turkey. implementing the bilateral Greek-Turkish readmission 2. Heads of State or Government further recalled that the agreement to accept the rapid return of all migrants not European Council, at its meeting on 18-19 February, in need of international protection crossing from Turkey decided to get back to a situation where all Members of into Greece and to take back all irregular migrants the Schengen area fully apply the Schengen Borders Code, apprehended on Turkish waters. while taking into account the specificities of the maritime The Heads of State or Government agreed that bold moves borders, and to end the wave-through approach. Irregular were needed to close down people smuggling routes, to flows of migrants along the Western Balkans route have break the business model of the smugglers, to protect our now come to an end. external borders and to end the migration crisis in Europe. 3. In order to make this sustainable, action is required along We need to break the link between getting in a boat and the following lines: getting settlement in Europe. a) stand by Greece, in this difficult moment and do our That is why they underlined the importance of the NATO utmost to help manage the situation that has arisen as a activity in the Aegean Sea that became operational today. consequence of this development. This is a collective EU They called on all members of NATO to support it responsibility requiring fast and efficient mobilisation actively. They warmly welcomed the additional proposals of all available EU means and resources and of Member made today by Turkey to address the migration issue. They States' contributions; agreed to work on the basis of the principles they contain: b) provide an immediate and effective response to the • to return all new irregular migrants crossing from Turkey very difficult humanitarian situation which is rapidly into the Greek islands with the costs covered by the EU; developing on the ground. Emergency support will • to resettle, for every Syrian readmitted by Turkey from be provided urgently by the Commission, in close Greek islands, another Syrian from Turkey to the EU cooperation with Greece, other Member States and non- Member States, within the framework of the existing governmental organisations on the basis of an assessment, commitments; by the Commission and Greece, of the needs and a • to accelerate the implementation of the visa liberalization contingency and response plan. In this context, Heads of roadmap with all Member States with a view to lifting the State or Government welcome the Commission proposal visa requirements for Turkish citizens at the latest by the on the provision of emergency support within the EU end of June 2016; and call on the Council to adopt it before the March • to speed up the disbursement of the initially allocated 3 European Council, thus expanding the range of financial billion to ensure funding of a first set of projects instruments that can be used; they invite the budgetary before the end of March and decide on additional funding authority to take any necessary follow-up measures; for the Refugee Facility for Syrians; c) provide further assistance to Greece in managing the • to prepare for the decision on the opening of new chapters external borders, including those with the former Yugoslav in the accession negotiations as soon as possible, building Republic of Macedonia and Albania, and ensuring the on the October 2015 European Council conclusions; proper functioning of hotspots, with 100% identification, registration and security checks, and the provision of • to work with Turkey in any joint endeavour to improve sufficient reception capacities. Frontex will launch an humanitarian conditions inside Syria which would allow additional call for national guest officers as soon as for the local population and refugees to live in areas which possible and all Member States should respond in full by will be more safe.

75 1 April at the latest. Europol will rapidly deploy guest officers in h) take any necessary measures immediately in respect of all hotspots to reinforce security checks and support the Greek any new routes opening up, and step up the fight against authorities in the fight against smugglers; smugglers; d) assist Greece in ensuring comprehensive, large scale and i) take forward, as a matter of priority, all the elements of the fast-track returns to Turkey of all irregular migrants not in Commission roadmap on getting "back to Schengen", so as need of international protection, building on the Greece- to end temporary internal border controls and re-establish Turkey readmission agreement and, from 1 June, the EU- the normal functioning of the Schengen area before the Turkey readmission agreement; end of the year. e) accelerate substantially the implementation of relocation to This document does not establish any new commitments alleviate the heavy burden that presently weighs on Greece. on Member States as far as relocation and resettlement is EASO will launch a further call for national expertise to concerned. support the Greek asylum system and all Member States 4. These are urgent measures that have to be taken against should respond rapidly and in full. Member States are also the background of the present situation on the ground invited to provide more places for relocation as a matter and should be kept under review. The European Council of urgency. The Commission will report on a monthly will come back to the migration file in all its aspects at basis to the Council on the implementation of relocation the March European Council to further consolidate the commitments; joint European implementation of our comprehensive migration strategy. f) continue to cooperate closely with the non-EU countries of the Western Balkans and provide any necessary assistance; g) implement the existing resettlement commitments and continue work on a credible voluntary humanitarian admission programme with Turkey;

76 EUROPEAN COUNCIL — 17–18 MARCH 2016

Conclusions

I. MIGRATION 3. The European Council takes note of the Commission Communication "Next operational steps in EU-Turkey 1. The European Council confirms its comprehensive cooperation in the field of migration", in particular as to strategy to tackle the migration crisis. Several elements how an asylum application from a migrant crossing from of our common European response are in place today Turkey into Greece can be declared inadmissible, based and are yielding results. Work on other elements is being on the concept of "first country of asylum" or "safe third taken forward diligently, so that they can be implemented country", in accordance with European and international as soon as possible. Priority will continue to be given to law. regaining control of our external borders. 4. The European Council reiterates that the EU-Turkey 2. Following the decisions of the Heads of State or Statement does not establish any new commitments on Government of 7 March, and in the context of the Joint Member States as far as relocation and resettlement are Action Plan with Turkey and its expansion, the European concerned. Council calls for: 5. The EU reiterates that it expects Turkey to respect the • more work to be done on hotspots; much progress has highest standards when it comes to democracy, rule of law, been achieved in making all hotspots fully operational respect of fundamental freedoms, including freedom of and increasing reception capacities; this effort should be expression. continued, with the full assistance of the EU, including 6. The European Council reaffirms its support to Jordan support for Greek asylum structures; and Lebanon. It calls for pledges to be disbursed promptly • the use of all means to support the capacity of Greece for and EU Compacts to be finalised to enhance support to the return of irregular migrants to Turkey in the context refugees and host communities in both countries. of the Greek-Turkish readmission Protocol and the EU- 7. The European Council calls for strengthening of Turkey readmission agreement as of 1 June 2016. Member cooperation with the Western Balkans countries in States declare their willingness to provide Greece at tackling the migration crisis and contributing to the short notice with the necessary means, including border objectives of the European Council. guards, asylum experts and interpreters. The European 8. Further to its February 2016 conclusions, the European Council asks the Commission to coordinate all necessary Council invites the European Investment Bank to present support for Greece, for the full implementation of the EU- to its June meeting a specific initiative aimed at rapidly Turkey statement, and to develop an operational plan. mobilising additional financing in support of sustainable The Commission will coordinate and organise together growth, vital infrastructure and social cohesion in with Member States and agencies the necessary support Southern neighbourhood and Western Balkans countries. structures to implement it effectively. The Commission 9. The European Council is extremely vigilant as regards will regularly report to the Council on its implementation; possible new routes for irregular migrants and calls • emergency support to be provided to help Greece cope for taking any measures that may become necessary in with the humanitarian situation. The rapid adoption of that respect. In this context, the fight against smugglers the Regulation on emergency support is an important everywhere and by all appropriate means remains key. The step in that respect. The draft amending budget presented EU stands ready to support the Government of National by the Commission should be adopted without delay. Accord, as the sole legitimate government of Libya, Member States are invited to make immediate additional including, at its request, to restore stability, fight terrorism contributions under the Civil Protection Mechanism as and manage migration in the central Mediterranean. well as to provide bilateral humanitarian assistance; 10. The European Council reaffirms its previous conclusions • accelerated relocation from Greece, which includes on the various elements of the comprehensive strategy conducting the necessary security checks; the number of and is pleased with progress on the European Border and applications now being larger than the number of offers, Coast Guard proposal, which should be adopted as soon as shown in the Commission report of 16 March, Member as possible. Work will also be taken forward on the future States should swiftly offer more places, in line with the architecture of the EU's migration policy, including the existing commitments. Dublin Regulation.

77 II. JOBS, GROWTH AND COMPETITIVENESS 15. The European Council notes that the Commission intends to publish shortly a communication on an action 11. To steer the Council's discussions on the 2016 European plan on VAT. It welcomes the intention of the Commission Semester, the European Council endorsed the policy to include proposals for increased flexibility for Member priority areas of the Annual Growth Survey: re-launching States with respect to reduced rates of VAT, which would investment, pursuing structural reforms to modernise provide the option to Member States of VAT zero rating our economies, and conducting responsible fiscal for sanitary products. policies. Member States will reflect these priorities in their forthcoming National Reform Programmes and Stability or Convergence Programmes. Such policies III. CLIMATE AND ENERGY will contribute to placing the current recovery on a more 16. The European Council welcomes the submission by sustainable basis and to fostering growth and employment. the Commission of the package on energy security as well as The European Council notes the Commission of the Communication "Road from Paris". It encourages the consultation on social issues and stresses the importance legislators to proceed with work on the proposals to reinforce of well-functioning labour markets and welfare systems. the EU energy security as a matter of priority on the basis of its 12. At its June meeting, the European Council will discuss previous conclusions and the relevant strategies endorsed by the progress achieved in the work towards completing the European Council. It also recalled the importance of a fully- the Economic and Monetary Union. It will also adopt an functioning and interconnected energy market. Based on the Agenda for the implementation of all aspects of the Single Climate Communication, it underlines the EU's commitment Market, including delivery of the Commission’s Single to reduce greenhouse gas emissions domestically and to increase Market, Digital Single Market and Capital Markets Union the share of renewable energies and improve energy efficiency strategies, with a view to exploiting in full its untapped as agreed by the European Council in October 2014. Adapting growth and productivity potential. the legislation in order to implement this framework remains a priority. The European Council invites the Commission to 13. In the light of the difficult situation of the European steel rapidly present all the remaining relevant proposals to this end so sector, in a context of overcapacity at global level, the as to swiftly engage the legislative process. The European Council European Council calls on the Council to rapidly examine looks forward to the signature of the Paris Agreement in New the Commission's communication with a view to taking York on 22 April and underlines the need for the European Union strong action in response to this challenge. and its Member States to be able to ratify the Paris Agreement as 14. The European Council notes the situation of farmers, soon as possible and on time so as to be Parties as of its entry into notably in the dairy and pig sectors, who are seriously force. affected by the drop in prices. It invites the Commission to quickly act upon the outcome of the Council (Agriculture) meeting of 14 March. It will closely follow the evolution of this sector of such importance for Europe.

78 MEETING OF EU HEADS OF STATE OR GOVERNMENT WITH TURKEY — 18 MARCH 2016

Statement

Today the Members of the European Council met with their or inadmissible in accordance with the said directive will Turkish counterpart. This was the third meeting since November be returned to Turkey. Turkey and Greece, assisted by EU 2015 dedicated to deepening Turkey-EU relations as well as institutions and agencies, will take the necessary steps and addressing the migration crisis. agree any necessary bilateral arrangements, including the The Members of the European Council expressed their deepest presence of Turkish officials on Greek islands and Greek condolences to the people of Turkey following the bomb attack officials in Turkey as from 20 March 2016, to ensure liaison in Ankara on Sunday. They strongly condemned this heinous and thereby facilitate the smooth functioning of these act and reiterated their continued support to fight terrorism in arrangements. The costs of the return operations of irregular all its forms. migrants will be covered by the EU. Turkey and the European Union reconfirmed their commitment 2) For every Syrian being returned to Turkey from Greek to the implementation of their joint action plan activated on 29 islands, another Syrian will be resettled from Turkey to November 2015. Much progress has been achieved already, the EU taking into account the UN Vulnerability Criteria. including Turkey's opening of its labour market to Syrians under A mechanism will be established, with the assistance of temporary protection, the introduction of new visa requirements the Commission, EU agencies and other Member States, for Syrians and other nationalities, stepped up security efforts by as well as the UNHCR, to ensure that this principle will the Turkish coast guard and police and enhanced information be implemented as from the same day the returns start. sharing. Moreover, the European Union has begun disbursing Priority will be given to migrants who have not previously the 3 billion euro of the Facility for Refugees in Turkey for entered or tried to enter the EU irregularly. On the EU concrete projects and work has advanced on visa liberalisation side, resettlement under this mechanism will take place, and in the accession talks, including the opening of Chapter 17 in the first instance, by honouring the commitments taken last December. On 7 March 2016, Turkey furthermore agreed to by Member States in the conclusions of Representatives accept the rapid return of all migrants not in need of international of the Governments of Member States meeting within protection crossing from Turkey into Greece and to take back the Council on 20 July 2015, of which 18.000 places for all irregular migrants intercepted in Turkish waters. Turkey and resettlement remain. Any further need for resettlement the EU also agreed to continue stepping up measures against will be carried out through a similar voluntary migrant smugglers and welcomed the establishment of the arrangement up to a limit of an additional 54.000 persons. NATO activity on the Aegean Sea. At the same time Turkey The Members of the European Council welcome the and the EU recognise that further, swift and determined efforts Commission’s intention to propose an amendment to the are needed. relocation decision of 22 September 2015 to allow for any resettlement commitment undertaken in the framework In order to break the business model of the smugglers and to of this arrangement to be offset from non-allocated places offer migrants an alternative to putting their lives at risk, the EU under the decision. Should these arrangements not meet and Turkey today decided to end the irregular migration from the objective of ending the irregular migration and the Turkey to the EU. In order to achieve this goal, they agreed on number of returns come close to the numbers provided the following additional action points: for above, this mechanism will be reviewed. Should the 1) All new irregular migrants crossing from Turkey into number of returns exceed the numbers provided for above, Greek islands as from 20 March 2016 will be returned to this mechanism will be discontinued. Turkey. This will take place in full accordance with EU 3) Turkey will take any necessary measures to prevent new and international law, thus excluding any kind of collective sea or land routes for illegal migration opening from expulsion. All migrants will be protected in accordance Turkey to the EU, and will cooperate with neighbouring with the relevant international standards and in respect of states as well as the EU to this effect. the principle of non-refoulement. It will be a temporary and extraordinary measure which is necessary to end the human 4) Once irregular crossings between Turkey and the EU are suffering and restore public order. Migrants arriving in the ending or at least have been substantially and sustainably Greek islands will be duly registered and any application for reduced, a Voluntary Humanitarian Admission Scheme asylum will be processed individually by the Greek authorities will be activated. EU Member States will contribute on a in accordance with the Asylum Procedures Directive, in voluntary basis to this scheme. cooperation with UNHCR. Migrants not applying for 5) The fulfilment of the visa liberalisation roadmap will be asylum or whose application has been found unfounded accelerated vis-à-vis all participating Member States with

79 a view to lifting the visa requirements for Turkish citizens 7) The EU and Turkey welcomed the ongoing work on the at the latest by the end of June 2016, provided that all upgrading of the Customs Union. benchmarks have been met. To this end Turkey will take 8) The EU and Turkey reconfirmed their commitment to the necessary steps to fulfil the remaining requirements re-energise the accession process as set out in their joint to allow the Commission to make, following the required statement of 29 November 2015. They welcomed the assessment of compliance with the benchmarks, an opening of Chapter 17 on 14 December 2015 and decided, appropriate proposal by the end of April on the basis of as a next step, to open Chapter 33 during the Netherlands which the European Parliament and the Council can make presidency. They welcomed that the Commission will a final decision. put forward a proposal to this effect in April. Preparatory 6) The EU, in close cooperation with Turkey, will further work for the opening of other Chapters will continue at speed up the disbursement of the initially allocated 3 billion an accelerated pace without prejudice to Member States' euros under the Facility for Refugees in Turkey and ensure positions in accordance with the existing rules. funding of further projects for persons under temporary 9) The EU and its Member States will work with Turkey in protection identified with swift input from Turkey before any joint endeavour to improve humanitarian conditions the end of March. A first list of concrete projects for refugees, inside Syria, in particular in certain areas near the Turkish notably in the field of health, education, infrastructure, food border which would allow for the local population and and other living costs, that can be swiftly financed from refugees to live in areas which will be more safe. the Facility, will be jointly identified within a week. Once All these elements will be taken forward in parallel and these resources are about to be used to the full, and provided monitored jointly on a monthly basis. the above commitments are met, the EU will mobilise The EU and Turkey decided to meet again as necessary in additional funding for the Facility of an additional 3 billion accordance with the joint statement of 29 November 2015. euro up to the end of 2018.

80 JOINT STATEMENT OF THE EU HEADS OF STATE OR GOVERNMENT AND THE LEADERS OF THE EU INSTITUTIONS ON THE TERRORIST ATTACKS IN BRUSSELS — 22 MARCH 2016

The European Union mourns the victims of today's terrorist stand firm with Belgium in solidarity and are determined to face attacks in Brussels. It was an attack on our open democratic this threat together with all necessary means. society. This latest attack only strengthens our resolve to defend Our common European institutions are hosted in Brussels, European values and tolerance from the attacks of the intolerant. thanks to the generosity of the government of Belgium and the We will be united and firm in the fight against hatred, violent Belgian people. The European Union and its Member States extremism and terrorism.

81 Cover photos: Left above: European leaders at the European Council meeting, March 2016 Left below: World leaders at the G7 meeting in Elmau, Germany, June 2015 Right: Donald Tusk in Georgia, June 2015

Photo credits © European Union Page 7: Rescue at sea: © Francesco Malavolta, Frontex Page 16: Refining plant: © Cobalt / Fotolia.com Gas tanker: © Carabay / Fotolia.com Page 17: Eiffel Tower: © Patrick Kovarik / AFP Wind turbine: © Pixinoo / Fotolia.com Page 20: Rallye at Rennes: © Jean-Francois Monier / AFP European Council European Council

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The European Council December 2014 to April 2016

Print PDF ISBN 978-92-824-5590-6 ISBN 978-92-824-5602-6 ISSN 1977-3110 ISSN 2363-2828 Volume 1. May 2016 doi:10.2860/159459 doi:10.2860/919620 QC-AO-15-001-EN-C QC-AO-15-001-EN-N