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Europaudvalget 2009-10, Det Udenrigspolitiske Nævn 2009-10
Det Europæiske Råd 10-11/12-09 Bilag 5, UPN Alm.del Bilag 23
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COUNCIL OF

THE EUROPEAN UNION

Brussels, 4 December 2009

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POLGEN 228

NOTE

from:

to:

Subject:

General Secretariat of the Council

Council

European Council (10 and 11 December 2009)

– Draft conclusions

Delegations will find attached the draft conclusions for adoption by the European Council on 10

and 11 December 2009.

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The meeting of the European Council was preceded by an exposé by the President of the

European Parliament, Mr Jerzy Buzek, followed by an exchange of views.

Institutional issues

The European Council welcomes the entry into force of the Treaty of Lisbon on 1 December.

The Treaty provides the Union with a stable and lasting institutional framework and will

allow the Union to fully concentrate on addressing the challenges ahead.

The intensive preparatory work carried out during the Swedish Presidency, as set out in the

Presidency's report (17033/1/09), has allowed for a smooth entry into force of the Treaty. On

1 December Herman Van Rompuy took office as President of the European Council and

Catherine Ashton as High Representative of the Union for Foreign Affairs and Security

Policy.

The European Council, further to the Presidency report it endorsed in October 2009, invites

the High Representative to rapidly present the proposal on the organisation and functioning of

the European External Action Service with a view to its adoption, together with the related

legal and budgetary acts, by the end of April 2010. Preparatory work should continue within

the current format.

The European Council welcomes the launch by the Commission of a public consultation on

the citizens' initiative. It invites the Commission to present a legislative proposal as soon as

possible, with a view to its adoption within the first half of 2010.

p.m.

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II.

The economic, financial and employment situation

The economic and financial crisis has posed severe challenges to the world economy and

resulted in the most difficult economic downturn since the 1930s. To tackle the crisis, the EU

and its Member States have implemented a wide range of extraordinary measures including

the European Economic Recovery Plan from December 2008. The support measures have

been crucial in restoring confidence in financial markets and ensuring their proper functioning

as well as dampening the impact of the crisis on growth and employment.

The economic situation has stabilised and confidence is increasing. Forecasts suggest a weak

recovery in 2010, followed by a return to stronger growth in 2011. But uncertainties and

fragilities remain, while the employment and social situation is expected to deteriorate further

in 2010. Policies in support of the economy should therefore remain in place and only be

withdrawn when recovery is fully secured. In order to anchor expectations and reinforce

confidence, the European Council reconfirms the importance of developing and

communicating credible and coordinated strategies for exiting from the broad-based stimulus

policies.

Exit strategies

The European Council emphasises that the fiscal exit strategy will be implemented within the

framework of the Stability and Growth Pact, which remains the cornerstone of the EU's

budgetary framework. Recommendations to the countries in Excessive Deficit Procedure, in

particular as adopted by the Council 2 December, are an important tool for restoring sound

public finances. In this context, the European Council reiterates its conclusions from 20

October on fiscal exit strategy and recalls that the strategy will include a consolidation of well

beyond the benchmark of 0.5% of GDP per year combined with structural reforms

underpinning long-term fiscal sustainability. Fiscal consolidation should start in 2011 at the

latest, earlier in some Member States where economic circumstances make this appropriate,

provided that the Commission forecasts continue to indicate that the recovery is strengthening

and becoming self-sustaining.

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There is a need for more broad-based exit strategies, also taking into account the need to wind

down financial support schemes. The principles for withdrawal of support to the financial

sector, as set out by the Council on 2 December 2009, must guide further work. It is crucial

to develop a coordinated approach, which takes account of financial stability and individual

Member States' circumstances and introduces progressive incentives for financial institutions

to cease to depend on public financial support.

The European Council underlined that the phasing out of public support measures should be

duly coordinated among Member States to avoid negative spill-over effects, that the timing of

exit should take into account a broad range of elements and that, depending on individual

Member States' circumstances, the phasing out of support should start with government

guarantees.

10.

The European Council encourages the Council to continue its work on exit strategies and to

report back by March 2010, both in the fiscal area and in the financial sector.

Financial markets

11.

The financial crisis has clearly demonstrated the weaknesses of the current regulatory

framework and supervisory arrangements for financial institutions. The European Council

welcomes the rapid and determined action taken by the Council which has agreed a

fundamentally new structure for financial supervision in Europe. This new structure is set up

to re-establish confidence of consumers and investors in financial markets, to provide greater

protection against future bubbles and crises in the economy and to enhance stability and bring

oversight into line with the reality of market integration.

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12.

The European Council welcomes the general approach reached by the Council on a complete

package for a new supervisory framework in the European Union. A new European Systemic

Risk Board will provide the European Union with a system for monitoring macro-prudential

risks and issuing risk warnings and recommendations for remedial action when such risks are

significant. The three new supervisory authorities for banks, insurance and securities markets

will develop common technical standards, will have a strong co-ordinating role in supervisory

colleges, be able to act efficiently in case of financial emergencies and ensure the consistent

application of EU law inter alia through binding mediation. The European Council looks

forward to a swift adoption by the European Parliament so that the new system can become

operational during the course of 2010.

13.

The adoption by the Council of a general approach regarding amendments to the Capital

Requirements Directive is a further step towards strengthening financial regulation in light of

the financial crisis. It enhances the capital requirements for certain banking activities and

introduces clear and binding rules on remuneration consistent with those endorsed by G 20

leaders. Remuneration policies within the financial sector must promote sound and effective

risk management and should contribute to preventing future crises in the economy. The

European Council is now looking to the European Parliament to swiftly reach a final

agreement. The European Council invites the financial sector to immediately implement

sound compensation practices and welcomes the Commission’s intention to closely monitor

the implementation of sound remuneration principles. The European Council also calls for

further progress on countering pro-cyclicality in the banking sector and invites the

Commission to present further proposals in 2010 taking account of the work underway in the

Basel Committee.

14.

The European Council also stresses the need to accelerate work on the draft Directive on

alternative investment fund managers, which should also address the issue of appropriate

remuneration policies. It welcomes the Commission's intention to present legislative

proposals in 2010 to improve the stability and transparency of derivative markets.

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A new EU 2020 strategy

15.

The EU faces important structural challenges. This is why the Lisbon strategy was launched

ten years ago. This strategy has been useful in setting a framework for strengthening

European competitiveness and encouraging structural reform. The time has now come to

evaluate the impact of the Lisbon strategy and, above all, to look ahead. In view of the

economic and social impact of the crisis, in view also of the challenges posed by ageing and

climate change, a new approach is needed more than ever. In order to further improve

competitiveness and increase the EU's growth potential, policies must be refocused towards

long-term reforms in an ambitious and revamped new strategy.

16.

The time leading to the Spring European Council should be used to define the elements of

such a strategy for EU 2020 and to examine how to ensure sustainable public finances whilst

preserving investment and social welfare, how to establish inclusive and efficient labour

markets, how to further strengthen the Internal market and how to fully exploit external trade

and openness. Other important issues to be examined relate to the benefits offered by a

greener economy, the improvement of the business climate and the enhancement of the

knowledge base in our economies, including research and innovation. In this context, every

effort should be made to ensure social cohesion and gender equality.

17.

At the same time the European Council calls for a new reflection on the methodology to be

used; a more efficient and transparent governance structure is needed, geared towards

reaching tangible results. In this context, monitoring and evaluation of policy measures are

crucial. Further reflection is also necessary on the best way of using country

recommendations, of strengthening the link between national and EU measures, and of

enhancing national ownership through more active involvement of social partners as well as

of regional and local authorities.

18.

The European Council takes note of the consultation launched by the Commission on the

future strategy and looks forward to an ambitious proposal as early as possible in 2010 with a

view to a full discussion at the 2010 Spring European Council.

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Sustainable Development Strategy

19.

Sustainable development remains a fundamental objective of the European Union under the

Lisbon Treaty. As emphasised in the Presidency's report on the 2009 review of the Union's

Sustainable Development Strategy (16818/09), the strategy will continue to provide a long

term vision and constitute the overarching policy framework for all Union policies and

strategies.

20.

A number of unsustainable trends require urgent action. Significant additional efforts are

needed to curb and adapt to climate change, to decrease high energy consumption in the

transport sector and to reverse the current loss of biodiversity. The shift to a safe and

sustainable low-carbon and low-input economy will require a stronger focus in the future.

Priority actions should be more clearly specified in future reviews. Governance, including

implementation, monitoring and follow up mechanisms should be reinforced for example

through clearer links to the future EU 2020 strategy and other cross-cutting strategies.

_________

21.

The European Council welcomes the Commission' s intention to establish the Forum for

"Outermost Europe" open to all Member States and outermost regions, as set out in its

communication presented on 17 October 2008. The inaugural forum will be held in Brussels

on 27 and 28 May 2010 and from then on, every two years.

22.

The European Council recalls the objective to carry out a comprehensive budget review

covering all aspects of EU spending and resources. The European Council invites the

Commission to come forward with a report in order for the Council to provide orientations on

priorities during 2010.

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III. The Stockholm Programme - An open and secure Europe serving and protecting the

citizens

23.

Five years after the Hague Programme, it is time for the Union to review its policy to effectively

meet the new challenges. To this end the European Council adopted a new multi-annual

programme for the years 2010-2014, the Stockholm Programme.

24.

The European Council considers that the priority for the coming years shall be to focus on the

interests and needs of the citizens and other persons for whom the EU has a responsibility. The

challenge will be to ensure respect for fundamental rights and freedoms and integrity while

guaranteeing security in Europe. It is of paramount importance that law enforcement measures

and measures to safeguard individual rights, the rule of law and international protection rules

are coherent and mutually reinforcing. The Stockholm programme focuses on the priorities set

out below.

25.

Promoting citizenship and fundamental rights:

European citizenship must become a tangible

reality. The area of freedom, security and justice must above all be a single area in which

fundamental rights are protected. The enlargement of the Schengen area must continue.

Respect for the human person and human dignity and for the other rights set out in the Charter

of Fundamental Rights and the European Convention on Human Rights are core values. For

example, the exercise of these freedoms and citizens' privacy must be preserved beyond

national borders, especially by protecting personal data. Allowance must be made for the

special needs of vulnerable people and European citizens and others must be able to exercise

their specific rights to the full within the European Union, even, where relevant, outside the

Union.

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26.

A Europe of law and justice:

The achievement of a European area of justice must be

consolidated so as to move beyond the current fragmentation. Priority should be given to

mechanisms that facilitate access to justice, so that people can enforce their rights

throughout the Union. Cooperation between public professionals and their training should

also be improved, and resources should be mobilised to eliminate barriers to the recognition

of legal acts in other Member States.

27.

A Europe that protects:

An internal security strategy should be developed in order to further

improve security in the Union and thus protect the lives and safety of European citizens and

tackle organised crime, terrorism and other threats. The strategy should be aimed at

strengthening cooperation in law enforcement, border management, civil protection, disaster

management as well as criminal judicial cooperation in order to make Europe more secure.

Moreover, the European Union needs to base its work on solidarity between Member States

and make full use of Article 222 TFEU.

28.

Access to Europe in a globalised world:

Access to Europe for businessmen, tourists, students,

scientists, workers, persons in need of international protection and others having a legitimate

interest to access EU territory has to be made more effective and efficient. At the same time, the

Union and its Member States have to guarantee security for its citizens. Integrated border

management and visa policies should be construed to serve these goals.

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29.

A Europe of responsibility, solidarity and partnership in migration and asylum matters:

The development of a forward-looking and comprehensive European migration policy, based

on solidarity and responsibility, remains a key policy objective for the European Union.

Effective implementation of all relevant legal instruments needs to be undertaken and full use

should be made of relevant Agencies and Offices operating in this field. Well-managed

migration can be beneficial to all stakeholders. The European Pact on Immigration and

Asylum provides a clear basis for further development in this field. Europe will need a

flexible policy which is responsive to the priorities and needs of Member States and enables

migrants to take full advantage of their potential. People in need of protection must be

ensured access to legally safe and efficient asylum procedures. Moreover, in order to maintain

credible and sustainable immigration and asylum systems in the EU, it is necessary to prevent,

control and combat illegal migration as the EU faces an increasing pressure from illegal

migration flows and particularly the Member States at its external borders, including at its

Southern borders in line with the conclusions of the European Council in October 2009.

30.

The role of Europe in a Globalised world – the external dimension:

The importance of the

external dimension of the EU's policy in the area of freedom, security and justice underlines the

need for increased integration of these policies into the general policies of the European Union.

The external dimension is essential to address the key challenges we face and providing greater

opportunities for EU citizens to work and do business with countries across the world. The

external dimension of JLS is crucial to the successful implementation of the objectives of this

programme and should in particular be taken into account in, and be fully coherent with, all

other aspects of EU foreign policy.

31.

The European Council invites the Commission to present an Action Plan for implementing the

Stockholm Programme, to be adopted at the latest in June 2010, and to submit a midterm review

before June 2012.

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IV. The Copenhagen conference on climate change

32.

The Copenhagen Conference constitutes a historic opportunity for the international

community to act together to respond to the challenge of climate change. The European

Council recalls the negotiating position that it adopted on 30 October 2009. All Parties must

devote themselves fully to reaching a global, comprehensive and ambitious Copenhagen

Agreement that will cover all building blocks of the Bali Action plan. A prerequisite for a

Copenhagen Agreement is that it uses commonly agreed, transparent, international standards

for measurement, reporting and verification of greenhouse gases, thus ensuring transparency

of commitments, actions and support. The agreement should lead to finalising a legally

binding instrument, preferably within six months after the Copenhagen Conference, for the

period starting on 1 January 2013.

33.

The European Council welcomes in this context the recent pledges for emission reductions

from a number of countries. Our common objective must be to stay below the science-based

two degree limit for global warming. Some Parties have not yet presented offers

corresponding to this objective. The European Council urges them to do so without further

delay.

34.

The European Union is at the forefront of efforts to fight climate change. As part of a global

and comprehensive agreement for the period beyond 2012, the EU reiterates its conditional

offer to move to a 30% reduction by 2020 compared to 1990 levels, provided that other

developed countries commit themselves to comparable emission reductions and that

developing countries contribute adequately according to their responsibilities and respective

capabilities.

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35.

The Copenhagen agreement should include provisions on immediate action, starting in 2010.

The European Council acknowledges that this requires scaled up financial support. Fast-start

international public support should imply specific and separate support for adaptation,

mitigation and capacity building, with a special emphasis on least developed countries. The

EU calls on developed countries to announce their contributions to such support. The EU

member states are ready to contribute with fast-start funding of at least [X] billion Euros for

the years 2010 to 2012.

Enlargement

[to be completed after discussion in the General Affairs Council]

VI. External relations

Eastern Partnership and the Union for the Mediterranean

36.

The European Council welcomes the start of the implementation of the Eastern Partnership

since its launch at the Summit held in Prague on 7 May 2009 and notes with satisfaction the

recent steps taken to strengthen and deepen the relations between the EU and the Partners.

The European Council underlines the European Union’s commitment to further the

implementation of the Eastern Partnership and to promote the partner countries’ European

integration.

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37.

The European Council underlines the importance of the enhanced partnership between the EU

and the Mediterranean partner countries and welcomes the process of reinforcing relations as

well as efforts to further strengthen cooperation and dialogue and establishing the structures

of the Union for the Mediterranean.

Iran

38.

The European Council welcomes the attached declaration on Iran

[to be discussed in the Foreign Affairs Council]

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