European Council
Brussels, 15 December 2016
(OR. en)
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COVER NOTE
From:
To:

General Secretariat of the Council
Delegations

Subject:

European Council meeting (15 December 2016)
– Conclusions

Delegations will find attached the conclusions adopted by the European Council at the above
meeting.

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Conclusions – 15 December 2016

I.

MIGRATION
External dimension

1.

The European Council recalls its October conclusions concerning the Eastern Mediterranean
route. It reiterates its commitment to the EU-Turkey statement and underlines the importance
of a full and non-discriminatory implementation of all aspects. It also renews its pledge to
continue support for the countries along the Western Balkans route. It endorses the Joint
Action Plan on the implementation of the EU-Turkey statement elaborated between Greece
and the Commission and welcomes the fact that Greece has already taken first steps towards
its implementation. The European Council calls upon all Member States to ensure speedy
implementation of the Joint Action Plan.

2.

The new Partnership Framework of cooperation is an important tool for addressing illegal
migration and its root causes, particularly with regard to the Central Mediterranean route.
The European Council welcomes the progress on implementation of the compacts with five
African countries of origin or transit and the growing ownership in the partner countries. In
the light of this experience, additional compacts or other forms of cooperation could be
envisaged, taking into account the resources available. The objectives of the Partnership
Framework set out by the European Council last June should be mainstreamed into other
external instruments and policies of the EU and its Member States. The European Council
calls upon Member States to continue and step up their engagement under the Partnership
Framework and will keep progress on stemming the flows and improving return rates under
close review.

3.

In order to reinforce the implementation of the Valletta Action Plan and the Partnership
Framework, the agreement reached in the Council on the European Fund for Sustainable
Development and on the EIB External Lending Mandate should be followed by swift
adoption of the relevant legislation. In this respect, the European Council welcomes the fact
that the EIB has started to implement its Resilience Initiative for the Western Balkans and
Southern Neighbourhood.

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Conclusions – 15 December 2016
4.

The European Council underlines the need to enhance support for the Libyan coastguard,
including through EUNAVFOR MED operation Sophia, so as to increase its capacity to
prevent the loss of life at sea and break the business model of smugglers. In parallel,
initiatives need to be taken to offer assisted voluntary return opportunities to migrants
stranded in Libya and curtail dangerous journeys.

5.

The European Council recalls the importance of adequate resources being put at the disposal
of the European Asylum Support Office (EASO) and the European Border and Coast Guard.
It welcomes the fact that EASO will start recruiting dedicated staff to ensure a stable and
sustainable capacity. It also reiterates the need to remain vigilant on other routes, including in
the Western Mediterranean, so as to be able to rapidly react to developments.
Internal dimension

6.

The effective application of the principles of responsibility and solidarity remains a shared
objective. Sustained efforts over the past months to review the Common European Asylum
System have shown some areas of convergence, while other areas require further work.
Building on this work, the Council is invited to continue the process with the aim of achieving
consensus on the EU's asylum policy during the incoming Presidency.

7.

Member States should further intensify their efforts to accelerate relocation, in particular for
unaccompanied minors, and existing resettlement schemes.1

1

This is without prejudice to the position of Hungary and Slovakia, as contained in the Court
proceedings launched relating to Council Decision n°2015/1601, and to the position of
Poland, which has intervened in support of the applicants.

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Conclusions – 15 December 2016

II.

SECURITY
Internal security

8.

The European Council reaffirms its commitment to the implementation of the European
Union Internal Security Strategy 2015-2020. The political agreement between the colegislators on the Counter-Terrorism Directive is an important step and should be followed by
swift adoption of the proposals on firearms and on anti-money laundering and implementation
of new passenger name record (PNR) legislation. The European Council calls for effective
cooperation with electronic service providers based inside and outside the EU.

9.

The European Council welcomes the agreement on the revised Schengen Borders Code
enforcing systematic controls on all travellers crossing EU external borders and calls for its
swift implementation by the Member States, while taking into account specific situations of
some Member States. The co-legislators should agree by June 2017 on the Entry/Exit System
and by the end of 2017 on a European Travel Information and Authorisation System to ensure
that visa-exempt travellers are screened systematically. It also calls for continued delivery on
the interoperability of information systems and data bases.
External security and defence

10.

Europeans must take greater responsibility for their security. In order to strengthen Europe's
security and defence in a challenging geopolitical environment and to better protect its
citizens, confirming previous commitments in this respect, the European Council stresses the
need to do more, including by committing sufficient additional resources, while taking into
account national circumstances and legal commitments. For Member States which are also
members of NATO, this is in accordance with NATO guidelines on defence expenditure.
The European Council also calls for reinforcing cooperation in the development of required
capabilities as well as committing to making such capabilities available when necessary.
The European Union and its Member States must be able to contribute decisively to collective
efforts, as well as to act autonomously when and where necessary and with partners wherever
possible. The European Council looks forward to a comprehensive revision of the Athena
mechanism, by the end of 2017.

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Conclusions – 15 December 2016
11.

The European Council endorses the Council conclusions of 14 November and
17 October 2016 on implementing the EU Global Strategy in the area of Security and Defence
which sets the level of ambition of the EU. It calls for their comprehensive follow-up by the
High Representative and Member States. In particular, further to the Council conclusions, the
High Representative will present proposals in the coming months as regards the development
of civilian capabilities, the parameters of a Member State-driven Coordinated Annual Review
on Defence, the process of developing military capabilities taking into account Research and
Technology (R&T) and industrial aspects, the establishment of a permanent operational
planning and conduct capability at the strategic level, the strengthening of the relevance,
usability and deployability of the EU's rapid response toolbox, elements and options for an
inclusive Permanent Structured Cooperation based on a modular approach and outlining
possible projects, and the covering of all requirements under the Capacity Building in
Security and Development (CBSD). In this context, the European Council calls on the colegislators to work speedily on the Commission proposal on CBSD with a view to reaching
agreement in the first half of 2017.

12.

The European Council welcomes the Commission's proposals on the European Defence
Action Plan as its contribution to developing European security and defence policy, stressing
the importance of fully involving Member States, and calls on all relevant actors to take work
forward. The Council is invited to rapidly examine the related Commission proposals. The
EIB is invited to examine steps with a view to supporting investments in defence research and
development activities. The Commission is also invited to make proposals in the first
semester of 2017 for the establishment of a European Defence Fund including a window on
the joint development of capabilities commonly agreed by the Member States.

13.

The European Council urges swift action to follow up on the Council conclusions of
6 December 2016 implementing the Joint Declaration signed in Warsaw by EU and NATO
leaders, avoiding duplication and ensuring complementarity between EU and NATO, as
regards hybrid threats, maritime issues, cyber security, strategic communication, defence
capabilities, defence industry and research, exercises, and defence and security capacitybuilding.

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Conclusions – 15 December 2016
14.

The European Council calls for the work on external security and defence to be taken forward
speedily and asks the Council to report back in March so that the European Council can
review progress. It will provide further strategic guidance in June.

15.

The European Council will keep the issues related to security and defence on the agenda, with
a view to regularly assess progress and determine, on that basis, appropriate strategic and
political priorities.

III. ECONOMIC AND SOCIAL DEVELOPMENT, YOUTH
16.

The European Council welcomes the agreement reached in the Council on the extension of
the European Fund for Strategic Investment (EFSI), which should be adopted by the colegislators in the first half of 2017. It also notes that the Council is now ready to engage in
negotiations with the European Parliament on the modernisation of Trade Defence
Instruments.

17.

It reiterates the importance of the various Single Market strategies and the Energy Union,
which should be completed and implemented by 2018. By then, certain key issues need to be
resolved.2 It welcomes the progress achieved so far and urges all Institutions to build on this
momentum and further increase the level of ambition notably in the vital areas of services and
the Digital Single Market, ahead of the March 2017 European Council. It calls for removing
remaining obstacles within the Single Market, including those hampering the free flow of
data.

18.

The European Council calls for the continuation of the Youth Guarantee and welcomes the
increased support for the Youth Employment Initiative. It also calls for work to be taken
forward on the recent Commission initiatives dedicated to youth, including those on mobility,
education, skills development and the European Solidarity Corps.

19.

The European Council calls on the Council and the Commission to evaluate the impact of
mainstreaming industrial policy into the EU strategic initiatives and to consider concrete
action to strengthen and modernise the industrial base of the Single Market.

2

For Poland, this means i.a. freedom to determine its energy mix and ensuring security of
energy supply.

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Conclusions – 15 December 2016
20.

The European Council underlines the need to complete the Banking Union in terms of
reducing and sharing risks in the financial sector, in the appropriate order, as set out in the
Council conclusions of 17 June 2016 on a roadmap to this effect. In that context, the
European Council calls on the Council to rapidly examine the recent Commission proposals
to increase resilience in the financial sector.

IV.

CYPRUS

21.

Following a presentation by the President of the Republic of Cyprus on the negotiations on a
Cyprus settlement, the European Council reiterated its support to the ongoing process for the
reunification of Cyprus. The EU, taking into account that Cyprus is and will remain a member
of our Union after the Settlement, stands ready to participate at the Geneva Conference on
Cyprus on 12 January 2017.

V.

EXTERNAL RELATIONS
Ukraine

22.

The European Council reconfirms its commitment to international law and the territorial
integrity of Ukraine as well as the conclusion of the EU-Ukraine Association Agreement,
including the establishment of a Deep and Comprehensive Free Trade Area. The aim of
association agreements is to support partner countries on their path to becoming stable and
prosperous democracies, and to reflect the strategic and geopolitical importance the European
Union attaches to the regional context. Therefore, completing the ratification process remains
a crucial EU objective.

23.

After having carefully noted the outcome of the Dutch referendum on 6 April 2016 on the bill
approving the Association Agreement and the concerns expressed prior to the referendum as
conveyed by the Dutch Prime Minister, the European Council takes note of a Decision of the
Heads of State or Government of the 28 Member States of the European Union, meeting
within the European Council (Annex), which addresses these concerns in full conformity with
the Association Agreement and the EU treaties.

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Conclusions – 15 December 2016
24.

The European Council notes that the Decision set out in the Annex is legally binding on the
28 Member States of the European Union, and may be amended or repealed only by common
accord of their Heads of State or Government. It will take effect once the Kingdom of the
Netherlands has ratified the agreement and the Union has concluded it. Should this not be the
case, the Decision will cease to exist.

25.

The European Council welcomes the results of the EU-Ukraine Summit on
24 November 2016 and stresses the Union's continued resolve to deepen and strengthen its
relationship with Ukraine in the face of current challenges. It recognises Ukraine's
achievements in implementing reforms to meet European standards and the fact that it has met
the conditions for a visa-free regime with the Union. Further to the adoption of a robust
suspension mechanism, the co-legislators are invited to complete the procedure leading to the
lifting of visa requirements for Ukraine and Georgia.
Syria

26.

The European Council strongly condemns the continued assault on Aleppo by the Syrian
regime and its allies, notably Russia and Iran, including the deliberate targeting of civilians
and hospitals. The European Council urgently calls on the regime and Russia, as well as all
parties in the Syrian conflict to implement immediately the following four emergency
measures:
a)

the evacuation in safety and dignity of the inhabitants of the eastern part of Aleppo
under the supervision and coordination of the United Nations, to a destination of their
choosing. Members of the civil defence and civil administration must also be evacuated
without obstruction under the supervision of the United Nations. The most seriously
injured persons should be evacuated first;

b)

immediate and unconditional aid and protection for all inhabitants of the eastern part of
Aleppo, without discrimination and in accordance with international humanitarian law,
guaranteeing full and unimpeded access for the United Nations and its partners on the
ground in supplying essential items and urgent medical assistance, as provided for in
United Nations Security Council Resolution 2258, for the whole of Syria;

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Conclusions – 15 December 2016
c)

genuine protection for all medical personnel and installations throughout the country, in
accordance with United Nations Security Council Resolution 2286, and in particular for
the border hospitals of Atmeh, Darkoush, Bab Al Hawa and Bab Al Salamah;

d)

international humanitarian law needs to be applied in the eastern part of Aleppo but also
to the whole country and in particular to all those areas in which civilians have been
besieged.

The EU, as the first provider of humanitarian support to the Syrian population, will continue
to work for achieving these goals.
27.

Hostilities in Syria must cease immediately. The EU will work constructively with all
partners, under UN auspices, towards a transition as agreed in United Nations Security
Council Resolution 2254. To this end, the European Council invites the High Representative
to continue her ongoing direct engagement with all relevant partners. Those responsible for
breaches of international law, some of which may amount to war crimes, must be held
accountable. The EU is considering all available options. The EU will provide support for
Syria's reconstruction only once a credible political transition is firmly under way.
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Conclusions – 15 December 2016
ANNEX

Decision of the Heads of State or Government of the 28 Member States of the European
Union, meeting within the European Council, on the Association Agreement between the
European Union and the European Atomic Energy Community and their Member States, of
the one part, and Ukraine, of the other part

The Heads of State or Government of the 28 Member States of the European Union, whose
governments are signatories of the Association Agreement between the European Union and the
European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the
other part ('the Agreement'),
Taking note of the outcome of the Dutch referendum on 6 April 2016 on the bill approving the EUUkraine Association Agreement and of the concerns expressed prior to the referendum as conveyed
by the Prime Minister of the Kingdom of the Netherlands,
Desiring to address those concerns in full conformity with the EU-Ukraine Association Agreement
and the EU treaties, and in line with the EU’s goal of deepening relations with Ukraine,
Having regard to the conclusions of the European Council of 15 December 2016,
Have decided to adopt the following, as their common understanding, which is to take effect once
the Kingdom of the Netherlands has ratified the Agreement and the European Union has concluded
it:
A
While aiming to establish a close and lasting relationship between the parties to the Agreement
based on common values, the Agreement does not confer on Ukraine the status of a candidate
country for accession to the Union, nor does it constitute a commitment to confer such status to
Ukraine in the future.

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Conclusions – 15 December 2016
B
The Agreement reaffirms cooperation with Ukraine in the fields of security, notably with regard to
conflict prevention, crisis management and non-proliferation of weapons of mass destruction. It
does not contain an obligation for the Union or its Member States to provide collective security
guarantees or other military aid or assistance to Ukraine.
C
While setting out the objective of enhancing the mobility of citizens, the Agreement does not grant
to Ukrainian nationals or Union citizens, respectively, the right to reside and work freely within the
territory of the Member States or Ukraine. The Agreement does not affect the right of Member
States to determine volumes of admission of Ukrainian nationals to their territory in order to seek
work, whether employed or self-employed.
D
The Agreement reiterates the commitment of the Union to support the reform process in Ukraine.
The Agreement does not require additional financial support by the Member States to Ukraine, nor
does it change each Member State’s exclusive right to determine the nature and volume of its
bilateral financial support.
E
The fight against corruption is central to enhancing the relationship between the Parties to the
Agreement. Under the Agreement the Parties will cooperate in combating and preventing corruption
both in the private and public sector. Cooperation between the Parties related to the rule of law is
aimed in particular at strengthening the judiciary, improving its efficiency, safeguarding its
independence and impartiality, and combating corruption.

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Conclusions – 15 December 2016
F
Respect for democratic principles, human rights and fundamental freedoms and respect for the
principle of the rule of law, including as referred to under E, are essential elements of the
Agreement. The Parties are required to fulfil their obligations under the Agreement, the
implementation and enforcement of which will be monitored. In accordance with Article 478 of the
Agreement, each Party may take appropriate measures in case of non-fulfilment of obligations. In
the selection of appropriate measures, priority will be given to those which least disturb the
functioning of the Agreement. These measures may, as a last resort, include the suspension of any
rights or obligations provided under the provisions of the Agreement.

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