Negotiation process
The formal opening of the negotiations in the Intergovernmental conference where the common negotiation positions of the EU and the candidate countries are exchanged is followed by upcoming phase of analytical examination and assessment of alignment of the candidate country national legislation with the Community acquis, well known as screening.
Screening represents formal-technical process conducted by the Commission aiming to prepare the accession negotiations. It enables the candidate countries to be acquainted with the Community acquis thus contributing to the preparation for accession; Also, the Commission and the member states are allowed through the Screening to assess the candidate country level of readiness, to be informed on its plans for the future preparation and to get preliminary question modes arising most probably in the course of the negotiations.
Screening is carried out by conducting meetings, chapter by chapter, for all the chapters except for the Chapter 34 – Institutions, and Chapter 35 – Other issues. There are two types of meetings for each chapter: first one is explanatory meetings held with one or more candidate countries together, and then bilateral meetings held separately with every country. Upon the bilateral meeting, the Commission composes the report on screening and gives the presentation to the Council.
Member states within the Council of the European Union bring the decision on opening the negotiations regarding the individual Chapter depending on the assessment of readiness of the candidate country. Substantive phase in negotiations commences by opening of the individual chapter of negotiations; In the course of these negotiations candidate countries negotiate on conditions upon which the acquis will be adopted and implemented in such chapter including the transitional periods that are probably required by candidate countries.
Conduct of negotiations is based on the negotiation positions of the European Union and candidate countries which are prepared for each individual chapter of negotiation.
Upon reaching an agreement between the EU and candidate countries on individual chapter in negotiation by fulfillment of the prerequisites for its closure, it deemed provisionally closed. Intergovernmental conference at the ministerial level brings a formal decision thereof. If some new and significant regulations are adopted within the Chapter of acquis or if the candidate country fails to meet the prerequisites and commitments by which is bound to in this negotiation chapter there is a possibility for its new opening until conclusion the Contract of Accession .
Following the provisional closure in all chapters of negotiations, European Council in its conclusions usually denotes the completion of negotiation with the candidate country. The outcomes of negotiations are subsequently incorporated in the draft provisions of the Accession Contract designed by the participation of the Member states representatives, the EU Institutions and the candidate country representatives.
Upon reaching an agreement between the EU and the candidate country on the draft of the Accession Contract, the draft is directed to the further procedure to Institutions and the EU Member states as to the candidate country. On the basis of the draft of the Contract and prior to its signing European Commission has to bring a final decision on request of the candidate country for accession.
The European Parliament will give the approval, and in the end the Council will bring unanimous decision on the new Member state accession and its request thereof.
Upon signing of the Accession Contract , the country commences with its participation as an active observer in the work of the following bodies: the Council of the European Union and the European Parliament.
For the Accession Contract may enter into force, it shall be ratified by the Parliaments of the Member states and the candidate country.