92001E0226

WRITTEN QUESTION P-0226/01

by Olivier Dupuis (TDI) to the Council

(1 February 2001)

Subject: Legal basis for stabilisation and association agreements

In spite of repeated commitments and statements by the European Union vis-à-vis the Balkan states those commitments having been reiterated recently at the Zaghreb Conference the process of defining the Stabilisation and Association Agreement between the EU and Macedonia, designed to serve as the basis for all future agreements, risks ending in stalemate, should the Council Secretariat carry through its intention to put forward a specific legal basis for stabilisation and association agreements based on the articles of the Treaty on European Union relating to justice and home affairs and the CFSP. Such a move would be bound to have serious implications. First and foremost it would be tantamount to an indefinite postponement of the conclusion of the Agreement, with obvious repercussions for Macedonia. Moreover, it would inevitably be interpreted by public opinion in Macedonia and in the other countries due to sign similar agreements as a further indication of the lack of genuine interest in the region concerned on the part of the Union. Lastly, it would mark a new stage in the ongoing moves to chip away at the Commission's powers.

Is the Council fully aware of how far-reaching and serious the implications of establishing a specific legal basis for stabilisation and association agreements would be? Furthermore, is it aware that making such a proposal official would risk sparking off an interinstitutional dispute which might be referred to the Court of Justice in Luxembourg?

Reply

(20 November 2001)

The Stabilisation and Association Agreement with the Former Yugoslav Republic of Macedonia was signed at the General Affairs Council on 9 April. The legal base of the Decision to sign was identical to that proposed by the Commission, i.e. the TEC and in particular Article 310 in conjunction with the first subparagraph of Article 300(2).

As far as the Commission's proposal for a Council and Commission Decision on the conclusion of the Stabilisation and Association Agreement is concerned, the legal basis proposed by the Commission is the TEC and in particular Article 310 thereof in conjunction with Article 300(2), first subparagraph, and Article 300(3), second subparagraph thereof, the Treaty establishing the European Coal and Steel Community, in particular Article 95 thereof and the Treaty establishing the European Atomic Energy Community, in particular the second paragraph of Article 101 thereof. The Council has reached a common orientation on this legal basis, as proposed by the Commission, and this was also the basis upon which the Council requested the Parliament's assent. The Parliament gave its assent on 2 May 2001.

Member States have ratified the Stabilisation and Association Agreement nationally. Once these procedures have been completed, the Council and Commission Decision on the conclusion of the Agreement can take place. In the meantime, an Interim Agreement will cover the commercial parts of the Stabilisation and Association Agreement. The Interim Agreement will enter into force on 1 June this year.