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Cablegate: Eu/Turkey: Dutch Issue Rev 2 Draft Text

This record is a partial extract of the original cable. The full text of the original cable is not available.

C O N F I D E N T I A L SECTION 01 OF 03 THE HAGUE 003178

SIPDIS

SOPHIA FOR BFREDEN FOR A/S JONES

E.O. 12958: DECL: 12/07/2014
TAGS: AORC PREL TU CY EUN
SUBJECT: EU/TURKEY: DUTCH ISSUE REV 2 DRAFT TEXT

REF: THE HAGUE 3140

Classi...



23677

2004-12-06

04THEHAGUE3178

Embassy The Hague

CONFIDENTIAL

04THEHAGUE3140

C O N F I D E N T I A L SECTION 01 OF 03 THE HAGUE 003178

SIPDIS

SOPHIA FOR BFREDEN FOR A/S JONES

E.O. 12958: DECL: 12/07/2014
TAGS: AORC PREL TU CY EUN
SUBJECT: EU/TURKEY: DUTCH ISSUE REV 2 DRAFT TEXT

REF: THE HAGUE 3140

Classified By: DCM Daniel Russel for reasons 1.4 (b) and (d).

1. (C) Rob Swartbol (PM Balkenende's diplomatic advisor)
(STRICTLY PROTECT) told Ambassador Sobel late December 6 he
was alarmed about efforts by France, Austria and Denmark to
promote a third way/privileged partnership alternative for
Turkey. He said that the Dutch were working to get Germany
and the UK together to counterbalance them. Balkenende may
travel to the UK to meet PM Blair on Friday. He will meet
Erdogan in Brussels on Thursday night and plans to see
Schroeder and Chirac next week in capitals.

2. In a separate conversation with the DCM, Pieter de
Gooijer (MFA, European Integration) (STRICTLY PROTECT) said
he believed the Turkey accession talks are still on track for
a positive result December 17 although they need careful
steering by the Dutch to keep them there. The Dutch had
reassured the Turks that there was nothing to rumors of Dutch
willingness to support movement toward a third way. The
Dutch will keep holding the line on accession talks leading
to full membership, de Gooijer promised.

CYPRUS AND GREECE

3. Swartbol insisted the Turks needed to make a serious
gesture on or before December 17 by agreeing to sign the
Ankara Protocol before the start of negotiations. The Dutch
continued to work hard to prevent others packaging this as a
pre-condition for Turkey. De Gooijer told the DCM that
Turkey has signaled very clearly they can live with the
Cyprus language as it now stands, that is, they tacitly
agree to promise on December 17 that they will sign the
protocol before the starting date. PM Balkenende flies to
Greece and Cyprus tonight to meet Karamanlis Tuesday morning
and Papadopolous Tuesday afternoon. He intends to push hard
against any threatened Cyprus veto. De Gooijer repeated that
some Member States have been pushing for language about the
UN Cyprus Settlement. The Turks had adamantly opposed it,
the GOC had not indicated how they feel and the Dutch
continued to work hard to kill it. Finally, on Greece,
Swartbol told the Ambassador that the Dutch have resisted
Greece's push for stronger language on cross border issues.
(Note: the new draft text adds a reference to referral of
disputes to the ICJ in paragraph 20; see text below.)

PERMANENT SAFEGUARDS ON LABOR - PROBLEM OR CLEVER STRATEGY?

4. (C) Swartbol told Ambassador Sobel that Sweden, Finland
and even the UK might be willing to accept permanent
safeguard language stronger than Turkey would accept.
Swartbol seemed very concerned that these countries were
taking such a problematic position. De Gooijer separately
explained that the UK had not rejected safeguards outright.
He took this to mean the UK was taking a softer position on
this issue to bring problem countries along and to help
ensure Turkey gets an unqualified yes with a date. The
British reportedly think some flexibility on safeguards would
make a difference in negotiations.

REDRAFTED COUNCIL CONCLUSIONS PRESENT NO NEW PROBLEMS

5. (C) De Gooijer shared the redrafted Council Conclusions
that will be circulated to member states for the December 8
COREPER meeting (full text faxed to EUR/ERA). De Gooijer
said he and the Dutch had been accused by the French and
others of deliberately leaking the previous version to create
favorable momentum for Turkey. On an optimistic note, he
observed that only Austria, France, and Denmark came back
with new language after the last COREPER, where the Dutch
circulated original draft language for the Council decision.
He took this to mean the other 22 Member States could live
with what they had seen, a positive sign for a positive
result on December 17.

6. (C) At first glance, non-trivial changes include:

para 17: new language re EU integration and absorption
capacity;

para 18: new language referring to specific Turkish
legislation, close monitoring by the commission, and a
zero-tolerance policy on torture;

para 20: new language on neighborly dispute resolution
including reference to the ICJ;
para 22: tic one: new language describing how the acquis
chapters will be handled; tic five: revised language on
qualified majority voting on the brake; and a new reference
to the European Parliament

7. (SBU) BEGIN TEXT OF DRAFT CONCLUSIONS ON TURKEY:

Quote

Turkey

17. The European Council recalled its previous conclusions
regarding Turkey, in which at a first stage it agreed that
Turkey was a candidate state destined to join the Union on
the basis of the same criteria as applied to the other
candidate states and, subsequently, concluded that, if it
were to decide at its December 2004 meeting, on the basis of
a report and recommendation from the Commission, that Turkey
fulfills the Copenhagen political criteria, the European
Union will open accession negotiations with Turkey without
delay. It also recalled its previous conclusions that the
Union,s capacity to absorb new members, while maintaining
the momentum of European integration, is also an important
consideration in the general interest of both the Union and
the candidate countries.

18. The European Council welcomed the decisive progress
made by Turkey in its far-reaching reform process and
reiterated its determination to enable Turkey to join the
European community of values, confident that Turkey will
sustain the process of reform to that end. Furthermore, it
expects Turkey to actively pursue its efforts to bring into
force the six specific items of legislation identified by the
Commission. To ensure the irreversibility of the political
reform process and its full implementation, notably with
regard to fundamental freedoms and to full respect of human
rights, that process will continue to be closely monitored by
the Commission, which is invited to continue to report
regularly on it to the Council, addressing all identified
points of concern, including the implementation of the
zero-tolerance policy relating to torture and ill-treatment.

19. The European Council welcomed Turkey,s (decision) to
sign the protocol regarding the adaptation of the Ankara
Agreement, taking account of the accession of the ten new
Member States.

20. The European Council welcomed the improvement in
Turkey,s relations with its neighbours and Turkey,s
unequivocal commitment to good neighbourly relations and its
readiness to continue to work with Member States towards
resolution of border disputes, in conformity with the
principle of peaceful settlement of disputes in accordance
with the United Nations Charter. In accordance with its
previous conclusions, the European Council reviewed the
situation relating to outstanding disputes; in this
connection it reaffirmed its view that unresolved bilateral
issues, which might have repercussions on the accession
process, should if necessary be brought to the International
Court of Justice for settlement.

21. The European Council noted the resolution adopted by
the European Parliament on (() December 2005.

(PM: decision, date, process)

Framework for negotiations

22. The European Council agreed that accession
negotiations with individual candidate states will be based
on a framework for negotiations. Each framework, which will
be established by the Council on a proposal by the
Commission, taking account of the experience of the fifth
enlargement process, will address the following elements,
according to own merits and specific situations and
characteristics of each candidate state:

-- As in previous negotiations, the substance of the
negotiations, which will be conducted in an Intergovernmental
Conference where decisions require unanimity, will be broken
down into a number of chapters, each covering a specific
policy area. The Council, acting by unanimity on a proposal
by the Commission, will lay down benchmarks for the
provisional closure and, where appropriate, for the opening
of each chapter; depending on the chapter concerned, these
benchmarks will refer to legislative alignment and a
satisfactory track record of implementation of the acquis as
well as obligations deriving from contractual relations with
the European Union.

-- Long transition periods, derogations, specific
arrangements or permanent safeguard clauses may be
considered. The Commission will include these, as
appropriate, in its proposals for each framework, for areas
such as freedom of movement of persons, structural policies
or agriculture. Furthermore, the decision-taking process
regarding the eventual establishment of freedom of movement
of persons should allow for a maximum role of individual
Member States. Transitional arrangements or safeguards
should be reviewed regarding their impact on competition or
the functioning of the internal market.

-- The financial aspects of accession of a candidate state
must be allowed for in the applicable Financial Framework.
Hence, accession negotiations yet to be opened with
candidates whose accession could have substantial financial
consequences requiring financial reform can only be concluded
after the establishment of the Financial Framework for the
period from 2014.

-- (PM: paragraph regarding goal and outcome of
negotiations; ref. COM line: &open-ended process whose
outcome cannot be guaranteed beforehand8)

-- In the case of a serious and persistent breach in a
candidate state of the principles of liberty, democracy,
respect for human rights and fundamental freedoms and the
rule of law on which the Union is founded, the Commission
will, at its own initiative or on the request of the Members
States, recommend the suspension of negotiations and propose
the conditions for eventual resumption. The Council will
decide by qualified majority on such a recommendation, after
having heard the candidate state, whether to suspend the
negotiations and on the conditions for their resumption. The
Member States will act in the IGC in accordance with the
Council decision, without prejudice to the general
requirement for unanimity in the IGC. The European
Parliament will be informed.

-- Parallel to accession negotiations, the Union will engage
with every candidate state in an intensive political and
cultural dialogue. With the aim of enhancing mutual
understanding by bringing people together, this inclusive
dialogue also will involve civil society.

END QUOTE.
RUSSEL

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