European Commission: Strategy Paper and Report 2003

The Copenhagen Criteria

In June 1993, the European Council at Copenhagen laid down the foundations of the current enlargement process by declaring that ``the associated countries in Central and Eastern Europe that so desire shall become members of the European Union'' and by defining the membership conditions, the so-called Copenhagen criteria. Under the Copenhagen criteria, membership requires that the candidate country ensures:

• ``stability of institutions guaranteeing democracy, the rule of law, human rights and the respect for and protection of minorities'': the political criteria.

  Since the entry into force of the Treaty of Amsterdam in May 1999, these requirements have been enshrined as constitutional principles in the Treaty on European Union, and have been emphasised in the Charter of Fundamental Rights of the European Union, that was proclaimed at the Nice European Council in December 2000.

• ``the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union'': the economic criteria.

  These criteria are consistent with the principles for economic policies as enshrined in the EC Treaty by the Maastricht Treaty that entered into force on 1 November 1993.

• ``ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union''. This criterion refers to the implementation of the Union's legislation, known as the acquis communautaire. For that reason, it is referred to thereafter as the acquis criterion. Subsequent European Councils, in particular the Madrid European Council in 1995, have highlighted the importance, not only of incorporating the acquis into national legislation, but also of ensuring its effective application through appropriate administrative and judicial structures.

Since its 1997 Opinions on the applications for membership by the countries of Central and Eastern Europe, the Commission has evaluated annually in its Regular Reports, extended also to Cyprus, Malta and Turkey, the progress made by the candidate countries towards meeting the Copenhagen criteria. The Commission developed, in the context of Agenda 2000, a methodology for that purpose.

Under this methodology, the Regular Reports assess progress in terms of legislation and measures actually adopted or implemented. This approach ensures equal treatment for all candidates and permits an objective assessment of the situation in each country. Progress towards meeting each criterion is assessed against a detailed standard checklist, which allows account to be taken of the same aspects for each country and which ensures the transparency of the exercise. The Reports draw on, and are cross-checked with, numerous sources, starting from information provided by the candidate countries themselves, and many other sources including reports from the European Parliament, evaluations from Member States, or the work of international organisations and non-governmental organisations. This year's Reports also contain some forward-looking elements.

In order to evaluate the extent to which candidates meet the political criteria, the Commission not only provides a description of their various institutions (Parliament, Executive, and Judiciary), but examines how the various rights and freedoms are exercised in practice. With regard to human rights, the Commission analyses the way in which the candidate countries respect and implement the provisions of the major human rights conventions, including in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms. As regards respect for minority rights and the protection of minorities, the Commission devotes particular attention to the implementation of the various principles laid down in the Council of Europe Framework Convention for the Protection of National Minorities. Measures undertaken by the countries in order to fight against corruption are also examined.

The economic criteria consist of two elements: the existence of a functioning market economy, and the capacity to withstand competitive pressure and market forces within the Union. These two elements are assessed through a number of sub-criteria which have been defined in Agenda 2000. The existence of a functioning market economy requires that prices, as well as trade, are liberalised and that an enforceable legal system, including property rights, is in place. Macroeconomic stability and consensus about economic policy enhance the performance of a market economy. A well-developed financial sector and the absence of any significant barriers to market entry and exit improve the efficiency of the economy. The capacity to withstand competitive pressure and market forces within the Union requires the existence of a market economy and a stable macroeconomic framework. It also requires a sufficient amount of human and physical capital, including infrastructure. It depends on the extent to which government policy and legislation influence competitiveness, on the degree of trade integration a country achieves with the Union and on the proportion of small firms.

The ability to take on the obligations of membership requires the adoption, implementation and enforcement of the acquis. In its Reports, the Commission analyses, for each of the twenty-nine chapters of the acquis, the extent to which the necessary legislative measures have been taken to enable implementation of the acquis in that chapter, and what remains to be done in this regard. Furthermore, the Commission assesses to what extent each candidate country has established administrative structures required to implement the acquis.

This year's Regular Reports take a broader perspective than in previous years. In addition to assessing progress made by each candidate, they also evaluate to what extent the candidates will fulfil the Copenhagen criteria by accession, taking into account the envisaged timeframe for enlargement defined by the European Council.

This requires a careful examination of the progress achieved by each country over the past years, of their track record in implementing the commitments made in the negotiations and of whether the countries sufficiently fulfil the Copenhagen criteria. These latter aspects are particularly important when assessing the ability to take on the obligations of membership. The implementation already now by a given candidate country of a critical mass of the acquis in the various chapters, and a positive track record over the past years, are necessary conditions for concluding that this country will be able to apply the acquis upon accession. Information available to the Commission on the relevant ongoing preparations, in particular in the context of the monitoring process, is also taken into account.

The Regular Reports identify the candidate countries which will meet the Copenhagen criteria within the envisaged accession timeframe. They are the basis upon which the Commission recommends the conclusion of the negotiations with these countries at the end of 2002. For all countries, the Reports identify the areas where further efforts are needed or reforms have to be pursued.

© European Commission; Last modified: 2003-04-09