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SELECT COMMITTEE ON FOREIGN AFFAIRS debate -
Tuesday, 20 Feb 2007

Vol. 631 No. 7

International Agreements: Motion.

The select committee will consider the following motion referred to it by Dáil Éireann on 6 February 2007. The motion approved by Dáil Éireann was as follows:

That the proposal that Dáil Éireann approves the terms of the:

(i) Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, signed at Luxembourg on 12th June, 2006, which was laid before Dáil Éireann on 3rd November, 2006; and

(ii) Partnership and Co-operation Agreement establishing a Partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, signed at Luxembourg on 11th October 2004, which was laid before Dáil Éireann on 17th January, 2006.

be referred to the Select Committee on Foreign Affairs, in accordance with paragraph (1) of the Orders of Reference of that Committee, which, not later than 27th February, 2007, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.

I welcome the Minister of State, Deputy Noel Treacy, and his officials, Mr. Ruaidhrí Dowling, Mr. Robin Henry, Mr. Donal Kelly and Miss Ciara Delaney. I propose that following the introduction and briefing by the Minister of State, committee members should be invited to speak on the motions. Is that agreed? Agreed.

The motion relating to Albania is concerned particularly with strengthening political and economic stability in the region and this is explicitly linked to the prospect of EU accession for the country concerned. The object of the partnership and co-operation agreement with Tajikistan is to support its independence and sovereignty, its efforts to consolidate democracy and develop its economy. Agreements of this kind are already in place between the European Union and other Central Asian republics.

Is cúis áthais dom a bheith anseo roimh an choiste.

I am very happy to have the opportunity of meeting the Select Committee on Foreign Affairs to discuss the motion proposed by the Minister for Foreign Affairs that Dáil Éireann approve two agreements between the European Union and its member states with, first, Albania and, second, Tajikistan, two countries with which in the past Ireland's contacts have been very limited. Our membership of the European Union has provided us with opportunities to open up or develop contacts with many countries, including in this instance Albania and Tajikistan.

Third country agreements such as these represent an invaluable tool in the promotion of the core values of the European Union, in driving internal reform in partner countries, enhancing prosperity and stability and strengthening democracy and the rule of law. Adoption of these agreements is in the best interests of both countries involved, of Ireland and of the European Union as a whole. Both agreements involve what is called "mixed competence", that is to say they deal with a range of issues, some of which fall within the exclusive competence of the European Community — economic and trade relations being the primary example — and some of which remain within the competence of the individual member states of the European Union. Prime examples of the latter are strictly political issues and justice and home affairs issues.

Where EU agreements with third countries involving mixed competence arise, they are negotiated on behalf of the European Community and the member states and the third country concerned. They are then signed on behalf of the European Community and the member states and finally, before they can formally enter into forcce, they are ratified on behalf of all the parties, including the individual EU member states. As the process of ratification in the member states can sometimes take a considerable time, arrangements are regularly made for the European Community to enter into an interim agreement with the third country concerned. An interim agreement would cover only those areas that fall within the exclusive competence of the European Community — principally economic and trade matters — and which can be applied immediately, pending formal ratification of the main agreements. Interim agreements are in force with both Albania and Tajikistan. I am pleased that Ireland, with the approval of Dáil Éireann, has a good record of ratifying such agreements without undue delay.

Let me deal first with Albania. The motion Dáil Éireann has been asked to approve is as follows:

That Dáil Éireann approves the terms of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, signed at Luxembourg on 12th June, 2006, which was laid before Dáil Éireann on 3rd November, 2006;

In June 1999 the General Affairs Council of the European Union agreed to establish a stabilisation and association process for south-east Europe, the aim of which is to strengthen political and economic stability in the region. The process is an integral part of the EU's policy towards the western Balkans. It provides for the negotiation of stabilisation and association agreements for the countries concerned — Croatia, the former Yugoslav Republic of Macedonia, FYROM, Bosnia and Herzegovina, Serbia, Montenegro and Albania, in return for compliance with certain conditions. The main aim of the stabilisation and association agreements is to bring the countries involved closer to EU standards and principles.

In June 2003 the Thessalonikí EU-western Balkans summit confirmed the EU's support for the European perspective of the western Balkan countries. At Thessalonikí the EU further expressed its readiness to assist these countries in their preparation for future integration into European structures and ultimately prospective membership of the European Union.

The stabilisation and association agreements cover a wide range of issues, focusing on trade liberalisation in goods and other trade-related issues, e.g. services, government procurement, intellectual property protection and competition issues; political dialogue; legal approximation; regional co-operation; and other areas such as industry, environment and energy. With regard to trade in goods, the aim of the agreements is to progressively establish a free trade area between the EU and the countries of the region on the basis of reciprocity but in an asymmetric manner.

The European Union has already largely liberalised its import trade with the countries of the western Balkans. In 2000 the EU granted autonomous trade measures to beneficiary countries and territories of the region. As the different agreements are being negotiated, implemented and developed, the appropriate changes and amendments to the scheme of autonomous preferences are being made.

Stabilisation and association agreements are already in force between the EU and Croatia and the former Yugoslav Republic of Macedonia, FYROM. The agreement with Albania is now in the process of being ratified by all the parties to it. Negotiations on similar agreements are well under way with Bosnia and Herzegovina and with Montenegro. Negotiations on an agreement with Serbia are at present suspended. The agreements include an evolutionary clause, which recalls the EU's readiness to integrate to the fullest possible extent the countries concerned into the political and economic mainstream of Europe.

The agreement also recognises their status as potential candidates for EU membership on the basis of the Treaty on the European Union and the fulfilment of the criteria defined by the European Council in June 1993, subject to the successful implementation of the respective agreements, notably regarding regional co-operation.

Croatia has been recognised as a candidate for membership of the EU and negotiations have already begun. The former Yugoslav Republic of Macedonia has also been granted candidate status, but no date for the beginning of accession negotiations has yet been agreed. The EU's policy to support a European perspective for each of the countries of the western Balkans has been a major factor in bringing stability to the region, as it continues its recovery from the wars of the 1990s. Ireland remains committed to this policy as a means of giving hope to the people of the region for a better future for themselves and their children.

Albanian membership of the EU is not something that will become a feasible prospect for quite a number of years. Nonetheless, the agreement we are now discussing will, if successfully implemented and applied by Albania, greatly assist that country to develop its European perspective. It will also confer benefits on the people of Albania and on the Albanian economy.

Regarding Tajikistan, the motion Dáil Éireann has been asked to approve is as follows:

That Dáil Éireann approves the terms of the Partnership and Co-operation Agreement establishing a Partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, signed at Luxembourg on 11th October 2004, which was laid before Dáil Éireann on 17th January, 2006.

The purpose of this agreement is to allow the European Union to update its relations with the Republic of Tajikistan. It is the final such partnership and co-operation agreement between the EU and the Central Asian republics to be negotiated and will replace the 1989 trade and co-operation agreement, TCA, between the EU and the former Soviet Union. The trade and co-operation agreement was endorsed by Tajikistan by exchange of letter in 1994, but lay dormant until 2001 due to internal difficulties in that country. Following the events of 11 September 2001, the TCA was revived at the initiative of the European Commission. Since December 2001 six joint committee meetings dealing with trade, economic and co-operation issues have been held within the framework of the TCA.

The strategy paper for Central Asia, adopted by the European Commission in 2002, provides the strategic framework for the European Union's relations with the countries of Central Asia, including Tajikistan, and sets out the EU's co-operation objectives with each. A new Central Asia strategy for the period 2007-13 is currently under discussion and is likely to be adopted by the European Council in June next. Ratification of the partnership and co-operation agreement should be seen in this context.

While the specific challenges facing each country in the region vary, there are a number of common development problems. These include slow democratic transition, poor records of implementing human rights obligations, poor business and investment climates and widening income disparities and poverty. Tajikistan remains the poorest of the former Soviet republics, despite a period of economic recovery in recent years. It is the most significant per capita beneficiary of European Community assistance in Central Asia, having received funding through a variety of instruments such the food security programme, human rights and democracy, the European initiative for democracy and human rights and the TACIS programme for Central Asia. As of this year, EU assistance will be provided through the development co-operation and economic co-operation instrument. The PCA is designed to address the challenges facing Tajikistan and to promote the profile and interests of the European Union in that country. It is intended to reinforce stability in Tajikistan and the wider region and to consolidate democracy. It promotes economic growth and sustainability through co-operation in a broad range of fields, including industrial co-operation, investment, supply of services, science and technology, education and training, consumer protection, enterprise restructuring and regional development.

Co-operation in relation to energy is provided for, governed by the principles of the market economy and the European energy charter.

The principles of market economy — is that a document?

The European energy charter is a charter agreed between the European Union member states in an effort to create a common energy service supply, to achieve commonality in how we negotiate on energy supply. The market economy principles are the ordinary principles of business and trade rather than the dominant, centralised communist-style operation of the past. We can deal with that in more detail as I conclude.

The agreement also provides for co-operation in preventing illegal activities such as corruption, counterfeiting, money laundering and the illegal transaction of goods, including arms and industrial waste. The fight against drugs and terrorism is given particular attention, not least because Tajikistan has the longest shared border with Afghanistan of all the Central Asian countries.

Political dialogue between the parties, both at ministerial and senior official levels, is provided for in the agreement and may take place on a regional basis. The objectives of such dialogue are to strengthen Tajikistan's links with the European Union and with the community of democratic nations as a whole; to increase the convergence of positions on international issues of mutual concern; and to enhance co-operation on matters pertaining to the observance of the principles of democracy and the respect, protection and promotion of human rights. Respect for the rule of law and the protection of human rights, particularly those of persons belonging to minorities, is an essential element of the PCA and the agreement contains specific provisions for co-operation on this important issue. This co-operation will take the form of technical assistance, including training, enhanced contacts and exchange visits, as appropriate, intended to reinforce and support democratic institutions. The agreement is concluded for an initial period of ten years, after which time it will be automatically renewed from year to year with the consent of all parties.

I emphasise the importance of adopting these agreements. Both Albania and Tajikistan are countries which have experienced difficult histories and which have the potential, with our assistance and in partnership with the European Union, to enhance their political and economic freedoms in the coming years. Each is, by virtue of its geographical locations, at the centre of a region to which the European Union attaches the highest priority, namely the western Balkans and Central Asia, where the promotion of stability and the continued process of reform is in the interests of us all, both within and outside the European Union.

I thank the committee for its time and hope it will be able to recommend to Dáil Éireann that the motions proposed be approved. I will be happy to take any questions members may raise.

The Minister of State referred to Macedonia as having candidate status. Negotiations with Croatia are under way. What is delaying negotiations with Macedonia? We looked upon the elections in Macedonia last July as the litmus test for their commitment to the democratic process. The Joint Committee on Foreign Affairs was there in April 2005 and we were quite impressed with the advances made. Macedonia has observer status at the COSAC meetings, the most recent of which was in Berlin.

In view of the sudden demise of the President of Tajikistan and the election of his successor, are we happy that there is a democratic process there? The news media have described Tajikistan as an energy-rich country whose full potential has not been exploited to the benefit of its people. What are the Minister of State's views on the democratic process there?

Where do these association agreements sit in relation to the neighbourhood policy of the European Union? We talk of the new borders and the need to nurture democracy in the new neighbourhoods. Is this of tangible benefit to the Union or is it something that will benefit only the two states concerned?

I am not anxious to hold up these agreements, but I am somewhat confused about some parts of the Minister of State's speech. I understand that the European Union has an office in Tirana and is discussing the reform of institutions in Albania. Perhaps the Minister of State could tell us about that activity. The phrase I find unusual, perhaps because of my lack of familiarity with the discourse, is "support for the European perspective". I presume, since Tajikistan is in Central Asia, that one cannot require it to imagine it is not in Asia, but at the same time there are people who aspire to have closer relations with Europe. Is that all the phrase means? If it means more than that, is it an evolution or an imposition?

The Minister of State went on to refer to stabilisation and association agreements. There is the suggestion of the establishment of a free trade area between the EU and countries of the region on the basis of reciprocity, which I understand, but in an asymmetric manner. Is it asymmetric to the benefit of Europe or to the other side?

Reciprocity from Europe. Europe's big heart is like little Ireland's big heart — generosity outwards, reaching out, helping.

That is not asymmetric as we understand it in west Galway. In Galway asymmetry means that it is heavier at one side than the other. The question is where the flow of benefits goes.

The Albanian European perspective is also referred to. This is part of a paragraph which suggests that Albanian membership of the EU is not a short-term prospect. That will be depressing for them. I understood that the Albanian preparations were going much faster.

There is also a reference to the European initative for democracy and human rights. I would like to hear where that operates from. I do not mind waiting for a note if it is not possible to give that information at this meeting.

I understand entirely what the European energy charter is, but I cannot understand why the principles of the market economy are given capital letters in the Minister of State's supplied script. I am not aware of any such charter. The Washington consensus is sometimes referred to in the literature as the Washington Consensus. I do not know of any document, statement or charter which I have seen described in that way that is not dangerous. It is rather like the way the USSR used to describe the central economy.

Another interesting point is the process of reform but we can return to it on another occasion. It is not one-way traffic. Some of the countries with which we have had these agreements in the past have certain indicators that are better than ours. Music and literacy indicators in some of these countries are higher than here in terms of cultural expenditure, participation and so on.

When I was Minister and we were welcoming other countries to the European Union, at the end of the Council meeting all the applicant countries would be invited to stay on to get a feel of what Europe was like, at which point many of the senior Ministers would have left to catch their flights. It was a humiliating and demeaning exercise. During the French Presidency I said I would not attend any such post-imperialist nonsense ever again — and it stopped. I think there is a problem about language. One has to be very careful as to the way in which we are actually creating a common discourse for the future. There is backwardness associated with primitive versions of economy built on greed.

Having regard to the wars in the Balkans over the years and the consequent devastation, I wonder if the European Union fully recognises the importance of calming that area permanently. I know the difficulties outstanding. I spent some time there during the summer, visiting places such as Dubrovnik and Mostar. The most shocking example of the aftermath of war was Mostar, where the buildings still have a concentration of bullet holes around the windows of the various vantage points. Cemeteries are on opposite sides of the road, one Muslim and one Christian, the two traditions facing each other in death, a situation not unknown in this country. The average age of those who died was between 18 and 21. The numbers killed there were in the region of 600 or 700. Is sufficient emphasis being placed within the European Union on bringing together these polarised communities?

I note the comments of my colleagues, Deputies Michael D. Higgins and Bernard Allen, on Tajikistan. There comes a time when the European Union has to have a relationship with its neighbours. Some 75% of the population of Russia lives in Europe. We must consider when determining the extent of enlargement of the Union whether we will have associate membership with countries like Tajikistan, goodwill, ongoing trade and so on. It is essential that some degree of dialogue, above and beyond the ordinary, should be maintained with those countries on the boundary, particulary Tajikistan which has a very long border with another country which has had a troubled history over many centuries. I wonder whether the Union fully appreciates that a decision has to be made regarding places like Russia, Tajikistan and the Balkan states, which are within Europe but have not been stable in the past 500 years. A particular mechanism is required to deal with that area.

I thank my colleagues for their comments and questions, which I will do my utmost to answer.

Deputy Allen asked why Macedonia has not progressed more rapidly towards membership of the European Union. Macedonia has to fulfil the conditions of the stabilisation and association agreement before accession can be granted. There are economic criteria to be met and market economy work to be done. Progress has been made and it is a matter for Macedonia to respond, given the opportunities and the environment in which it finds itself.

What conditions of the agreement have not been fulfilled?

Many parts, as I understand. Many criteria have not been met. I do not have an exact inventory. It is a long and detailed agreement, both macro and micro. Indications from the investigations carried out by the Commission are that many conditions and criteria have not been fulfilled as yet. The situation will be kept under review and progress will be acknowledged. The European Union is generous and fair, absorbing and inclusive.

I recently met the Macedonian Minister for Integration and we gave advice as to how we could help with preparations for accession. We also gave advice as to how they might link up bilaterally with others who have similar aspirations. Together they may be in a much better position to make progress. The Commission's latest report indicates that Macedonia is not yet ready for EU membership. It is receiving assistance from the Union to fulfil the various conditions. Member states, including the Presidency, are also working with Macedonia. There is a good bit to go yet.

Can the accession application proceed despite the fact that the treaty on the European constitution has not been fully ratified?

That is not a problem.

Not a problem.

No. They cannot become full members, of course, until the constitution is passed, but progress towards accession can be made in the meantime. There is no impediment to their achieving a status which would allow them to become a full member of the Union. The position under the Treaty of Nice is that the Union can have only 27 members. However, every assistance is being given to Macedonia to fulfil its aspirations and to prepare for membership of the Union. All the information indicates that it is a long way from the starting gate as yet.

Perhaps we could have a note on the areas that are hindering progress.

I am not aware from the Minister of State's response which areas these are.

I do not have any details.

I appreciate that and I am not trying to cause a problem.

The Minister of State is not briefed on that.

We will definitely get a response for the Deputy.

I appreciate that.

If it is provided for the secretariat, it will be circulated to members.

Excellent. I think the Deputy made reference to Turkmenistan rather than Tajikistan. President Rahmonov is in charge in Tajikistan, while President Turkmenbashi of Turkmenistan died. RTE recently broadcast a programme about that area which may have caused the confusion. The new President of Turkmenistan has suggested that he will introduce reforms but it is too soon to tell whether he will fulful this commitment. Elections were held on 11 February. Media reports indicate a major need for reform, which we hope will be implemented.

Deputy Higgins referred to market principles and mentioned the EU office in Tirana. Market principles relating to energy refer to fair costings, including costings within the countries of the region where energy is heavily subsidised. The European perspective refers only to Albania, not to Tajikistan.

Deputy Durkan referred to Mostar, where I have friends who have been victims of that terrible war. Nobody could ever stand by again and allow such a situation to evolve. The European Union has taken positive steps to ensure it will not be found wanting again. It has been a calming influence in that region and is trying very hard to encourage regional co-operation and integration, particularly in the areas of trade, so that through trading and working together these countries can develop mutual respect, common systems and an economic base that will be beneficial to their people, reaching the standards of democracy expected within the EU and on a wider basis through the neighbourhood policy. It supports these countries through association agreements with the Union.

Deputy Higgins talked about the asymmetric manner of aid delivery under these agreements. They are certainly one sided in that we give the benefits to Albania and do not expect anything in return. It is generosity at its best. The European Union, like Ireland, continues to help others. It provides human, financial and structural resources to assist countries which need support to achieve democratization and economic opportunity.

One of the sub-committees discussed a project concerning a relationship between NUIG's medical faculty and medicine in Tirana. I ask the Minister of State to review that because it might be extended to skills other than plastic surgery and burns treatment at which it was so successful.

That is Professor McCann's project.

Yes. There is a suggestion that one could talk about training in medical skills beyond his project. There is an offer from NUIG in that regard.

I was pleased on behalf of the Department to collaborate with Professor McCann and his team and I salute them for the tremendous work they do as ambassadors for Ireland in a very difficult area. We will certainly have another look at that.

I hope I have covered all the issues raised. If not, please bring it to my attention. If I do not have instant answers, my officials will be pleased to respond.

I was generally recommending an occasional tone of humility in the discourse at European level. It is a matter we can take up again.

The Deputy was worried about the language being used, the attitudes and so on.

The European Union is very inclusive and reasonable in the language it uses. There may be different emphases by various Presidencies in how they conduct their business. They may not be as asymmetric as we expect them to be. Ireland is even-handed, inclusive and fair. Big countries who have a global history may have a difficulty in adjusting to a new environment. I accept what the Deputy says and it is a matter for us all, politicians and parliamentarians, ambassadors and diplomats, to ensure we are always mindful of these matters and try to be as fair and positive as possible.

We should ensure that our friendly overtures are not suffocating and do not serve to dampen the enthusiasm of those aspiring to membership in the long term.

I take it there will be no asymmetry between Galway East and Galway West.

There is a very strong bilateral relationship, particularly between Deputy Higgins and me, going back long before we entered politics and it has been sustained in the political system.

They have chosen wisely in the past. May they do so again.

I take it that the committee does not require further debate on the motion. Is that agreed? Agreed.

A report on the committee's consideration of the motion will be laid before Dáil Éireann. A draft report has been circulated. Is this draft report agreed? Agreed. The clerk will send a message to the Clerk of the Dáil to the effect that this committee has completed its consideration of the motion.

I thank the Minister of State and his officials for coming and for being so patient.

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