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23. 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 and of the evolving acquis, will address the following elements
according to their own merits and the 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 with the participation of all Member States on the
one hand and the candidate State concerned on the other, 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.
Presidency Conclusions – Brussels, 16/17 December 2004
16238/1/04 REV 1 7


• Long transitional periods, derogations, specific arrangements or permanent safeguard
clauses, i.e. clauses which are permanently available as a basis for safeguard measures,
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 can only be
concluded after the establishment of the Financial Framework for the period from 2014
together with possible consequential financial reforms.
• The shared objective of the negotiations is accession.
These negotiations are an open-ended process, the outcome of which cannot be
guaranteed beforehand.
While taking account of all Copenhagen criteria, if the candidate State is not in a
position to assume in full all the obligations of membership it must be ensured that the
candidate State concerned is fully anchored in the European structures through the
strongest possible bond.
Presidency Conclusions – Brussels, 16/17 December 2004
16238/1/04 REV 1 8


• 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, on its own initiative or on the
request of one third of the Member 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.