The Commission should stand firm on Iceland's accession negotiations

Iceland & the EU

The Commission should stand firm on Iceland's accession negotiations

Written by Stephen Tindale, 08 August 2012

Iceland is the world’s longest running democracy. At a time when some member-states are struggling with democracy in the face of economic crisis, and the European institutions are still being criticised for a democratic deficit, Iceland would therefore be a valuable and welcome member of the club. Iceland also has much to teach the EU about energy policy: it generates three quarters of its electricity from hydroelectricity, and the rest from geothermal plants. All of its heat comes from geothermal.  However, the European Commission should remain firm on its negotiating demands on fishing and whaling.


Iceland applied to join the EU in 2009, in the aftermath of its banking crisis. The island saw EU membership as a source of stability and economic recovery. Out of the 35 negotiating chapters, 18 have been opened. Ten of these have been provisionally completed. Enlargement Commissioner Stefan Füle hopes that accession negotiations will be completed in 2013 – though the most difficult chapters, on agriculture, environment and fisheries, have not been negotiated yet.  As a member of the European Economic Area (EEA) and Schengen, Iceland has already adopted two-thirds of the acquis.

Iceland’s accession bid has quite broad support among member-states. The main obstacle to its accession is that Icelanders themselves are likely to reject it. Once negotiations are completed, Icelanders will vote in a referendum on whether or not to join the EU. Polls suggest that only around a quarter support EU membership, with over half against and around a fifth undecided. The level of support for membership has fallen since negotiations began in 2009. This is in part because Iceland’s economy has recovered from the serious 2008 banking and debt crises, and is now growing at over four per cent per year. And EU membership is no longer seen as a source of stability.  But support for membership has also fallen because of the European Commission’s perceived (by Icelanders) unfairness towards Iceland over the Icesave  settlement and the current “mackerel war”. And the totemic issue of whaling remains to be confronted.

Icesave was an online facility run by the Icelandic bank Landsbanki between 2006 and 2008. It gained over 300,000 customers in the UK, and over 125,000 in the Netherlands. But in 2008 Landsbanki was placed into receivership. The British and Dutch governments argue that the Icelandic government is obliged to pay at least €20,000 to each depositor, and that Icelandic and foreign depositors must be treated in the same way. Reykjavik disagrees. It argues that, had the restructured bank been obliged to bear the full cost of the debt, it would have had a negative equity of €2.6 billion, which would have had to be paid by Icelandic taxpayers.

Half the Icesave debt to depositors has now been repaid. The EFTA Court will hear legal argument about the remainder on September 18th.  The time for negotiation over Icesave has passed, since the matter is now before a court. So the key negotiating issues are fishing and whaling. The European Commission should remain firm on these issues. It would be counter-productive to lower existing EU standards to attract a new member. If this firmness leads to Iceland voting no in a referendum, so be it.

Fishing has always been a bone of contention between Iceland and other European countries. The Common Fisheries Policy is not included in the EEA, so Iceland can set its own policy. The fishing industry provides 40 per cent of Iceland’s export earnings, and eight per cent of employment on the island.  The current dispute focuses on mackerel. Iceland has increased its annual quota for mackerel catch enormously – from 2,000 tonnes to 146,000 tonnes. Reykjavik argues that this is sustainable because climate change is resulting in more mackerel in its waters. The Commission disagrees, and argues that Iceland’s quota is 36 per cent higher than it should be to be sustainable. Ireland, France, Portugal and Spain are demanding sanctions. The Commission has threatened to block Icelandic ships from unloading mackerel at EU ports.

The EU and Ice­land (plus the Far­oe Islands and Nor­way) will meet in Lon­don in Sep­tem­ber to try to reach agreement.  Some movement by the Commission, to defuse the argument and avoid conflict, would be understandable. But the Commission should not move much. It should continue to base its position on its scientific estimate of a sustainable catch.

On whaling, the Commission should not move at all. In 2006 Iceland resumed commercial whaling of fin whales and minke whales. Thus it joined Norway in defying the international moratorium on commercial whaling.  Iceland has always caught some minke whales for “scientific research”.  So the 2006 decision made little practical difference on minke – it simply represented Iceland becoming more open about its reasons for whaling. But it did represent a restart of fin whale hunting. Fin whales are an endangered species. Iceland maintains that there are enough fin whales in Icelandic waters for a small catch to be sustainable. This may or may not be correct, but is anyway not relevant to EU negotiations. EU law prevents the killing of any whales, even those which (like minke) are relatively numerous.  EU law is based partly on the need to protect biological diversity, but partly also on the need to prevent animal suffering.  Being killed by harpoons is a particularly painful, and often slow, way for an animal to die.

By no means all Icelanders favour whaling. Whale watching is an important part of their tourism industry – and increased tourism is one of the drivers of economic recovery. Yet some Icelanders argue that whaling is an important part of their culture and tradition. Culture is important, and European integration must respect most cultural traditions. But not all, and not those which involve cruelty. Iceland has an impressive culture –and has produced some of the world’s greatest literature. So it ought to be possible, in the twenty-first century, for Icelanders to separate their cultural heritage from whaling. If this is not possible, EU membership should also not be possible.

In any case, the ongoing dispute about Icesave and the Icelandic economic recovery may well result in Iceland voting no to EU membership, whatever concessions the Commission has offered on fish and whales. The EU should not lower its standards whatever the rewards. To lower them and get no reward would be particularly unwise.
Stephen Tindale is an associate fellow at the Centre for European Reform 

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The EU must fight corruption and defend the rule of law

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Written by Hugo Brady, 14 June 2012

The fight against corruption and national maladministration is currently very much on the minds of policy-makers in Brussels. This is because the eurozone crisis and concerns over the rule of law in newer EU members, including Bulgaria and Romania, make clear an embarrassing truth about European integration. The EU is a joint law-making body, single currency area and common travel zone where countries have often very different attitudes towards public accountability, quality of administration and the prevention of graft.

Corruption and the weakness of national institutions is a scourge right across central, eastern and southern Europe, according to a recent report by Transparency International (TI). The report measured the ‘national integrity’ of 25 EU countries, finding that “Greece, Italy, Portugal and Spain have serious deficits in public sector accountability and deep-rooted problems of inefficiency, malpractice and corruption, which are neither sufficiently controlled nor sanctioned.” In addition, TI reports that positive progress towards reform in newer member-states has slowed, and in some cases reversed, since accession, particularly in the Czech Republic, Hungary and Slovakia. But Bulgaria and Romania remain the most corrupt.

Hitherto, officials accepted divergences in governing standards in the EU as an unalterable fact of life, and certainly too difficult to address in the ultra-politically correct world of ministerial meetings and diplomatic working groups. But now the mismatch between national administrations in ethics and efficiency is one of the most salient political problems obstructing efforts to stabilise the euro, calm tensions within the Schengen area of passport-free travel and restore the popularity of EU enlargement in older member-states.

Poor public administration in Greece – in terms of its budgetary reporting and refugee protection – is partly responsible for that country’s tenuous position within both the euro and the Schengen areas. In Bulgaria and Romania, corruption and low judicial standards remain a serious source of concern five years after accession to the Union, damaging both countries’ chances of joining Schengen as well as the credibility of the EU enlargement process. And in Hungary, the government of Viktor Orban seems determined to limit the freedom of the press and the independence of the judiciary and the central bank, a nod towards authoritarianism hardly becoming an EU member-state. (See the 2012 report on media freedom and the rule of law in Hungary, by Freedom House, an NGO.)
 
What – if anything – can be done to address such issues at European level? The EU has the ‘Copenhagen criteria’, under which candidates for membership must have functioning market economies, observe the rule of law and respect human rights. However, the European Commission’s leverage to police these conditions mostly evaporates after the candidate joins the EU and gains equality of status with other members. If a country later crosses the threshold from merely corrupt and inefficient to despotic government, the EU’s treaties allow for other member-states to suspend its voting rights. But this is seen as a ‘nuclear’ option by European governments, designed as a deterrent rather than a tool, given the implications involved for national sovereignty.

The Commission thinks that it can at least improve efforts to fight graft with a new ‘EU anti-corruption report’ to be published every two years from 2013. (Its officials estimate that corruption costs member-states collectively around €120 billion a year.) Rather than rank countries in order of their relative virtue, as Transparency International does (see its annual ‘Corruption Perceptions Index’), the Commission will focus instead on issues such as public procurement where widespread corruption negatively impacts the single market. The reports will not name and shame specific countries. Nor are any sanctions envisaged for those national administrations which fail to address persistent problems. Such initiatives are worthy but lack teeth.

What the EU really needs is an ex post means to ensure that member countries would still pass the Copenhagen criteria if they were to re-apply for membership. In July, the Commission will report on how much progress Bulgaria and Romania have made in efforts to counter corruption, reform their judiciaries and tackle organised crime. This is the so-called ‘co-operation and verification mechanism’ (CVM) that the two countries undertook to follow in return for EU membership. Politicians in Bucharest and Sofia now chafe at being singled out for special treatment amongst their EU counterparts and would dearly love to see the CVM discontinued after its five-year anniversary next month. This is despite the fact that both countries have failed to deliver fully on solemn promises of reform that they made in 2007.

Instead, EU leaders should agree in principle that any member found to be in persistent breach of the Union’s commitment to the rule of law and good governance could be subject to a CVM, rather than a suspension of voting rights. If a majority of EU countries agree, the definition of such a breach could include instances where corruption or maladministration has threatened the stability of the euro or Schengen areas. And, unlike the current situation with Bulgaria and Romania, the Commission should be able to impose sanctions – such as the suspension of EU funds – when countries refuse to discuss problems or make progress towards meeting certain benchmarks. Officials should include this idea in proposals for a new ‘political union’ currently being drawn up to stabilise the eurozone.

Governments – whatever their fears for the euro or free movement – are likely to take a dim view of further Commission interference in an area where national sensitivities could hardly run higher. Furthermore, a country's level of tolerance for corruption and poor administrative practices is deeply engrained in its culture, history and legal traditions. Real progress is dependent on a cultural shift in what is popularly deemed as acceptable behaviour in businesses, courts or the government in the country in question. Such change takes time and bureaucratic sanctions imposed by the EU can play only a complementary role.

Nevertheless, it is equally unlikely that voters will accept closer political union without stronger EU tools to monitor the performance of public administrations and address concerns over corruption and low judicial standards in existing and future members.

Hugo Brady is a senior research fellow at the Centre for European Reform

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