US embassy cable - 04THEHAGUE3178

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