EU accession negotiations process - step-by-step

The process of the EU accession negotiation consists of 3 main stages: 1) screening (analytical examination of the legislation); 2) negotiations (substantive negotiations); 3) conclusion of the Treaty of Accession.

The three main accession negotiations stages are as follows: 

    1) screening (analytical examination of the legislation), 

    2) negotiations (substantive negotiations), 

    3) conclusion of the Treaty of Accession. 

1) Screening

Screening is an analytical examination and conformity assessment of a candidate country legislation with the EU acquis, and follows the first intergovernmental conference. 

Screening process is carried out by the European Commission, with the participation of the candidate countries. 

Member States are not invited to participate in the screening, except for Chapters 23 (Judiciary and fundamental rights), 24 (Justice, freedom and security) and 31 (Foreign, security and defence policy). 

Since the introduction of the 'new methodology' in 2020 in the accession negotiations, the screening process is organised according to clusters. 

Screening includes the following steps: 

   • explanatory overview of legislation; 

   • bilateral overview of legislation;

   • analytical examination reporting. 

The process starts with an explanatory screening where the European Commission presents the candidate countries with the EU acquis in chapters included in the cluster.

Subsequently, there is a bilateral screening where the candidate country presents its legislation and the differences identified with respect to the EU acquis. 

Explanatory and bilateral screening meetings are held by individual chapters. 

Subsequently, the European Commission prepares reports that provide an analysis of the situation, assessing a country's readiness to open negotiations, and provide the appropriate conclusions and recommendations. Reports are prepared for the entire cluster in cooperation with a candidate country. The European Commission submits the report to a candidate country and the EU Council.

Screening is the basis for developing a candidate country's negotiating position, and the basis for member states to develop a common EU negotiating position. 

Screening duration depends on the complexity of the acquis. The entire process usually takes up to 18 months.

Although the official opening of negotiations begins with screening, certain flexibilities have also been noted. In the case of Montenegro and Serbia, the European Commission, with the approval of the EU Council, carried out the screening for Chapters 23 (Judiciary and fundamental rights), 24 (Justice, freedom and security) and 32 (Financial control) before the official start of negotiations. In the case of North Macedonia and Albania, explanatory screening began in 2018 as part of negotiations preparations. 

2) Negotiations (substantive negotiations)

Following the screening, there will be negotiations (substantive negotiations) including several steps: 

• preparation of negotiating positions; 

• conducting negotiations at intergovernmental conferences; 

• provisional closing of the chapter. 

Since the introduction of the "new methodology" in 2020, negotiations have been opened by clusters (six clusters), and are conducted and closed by individual chapters (33 negotiation chapters).

Positions for negotiations are prepared by both parties based on the screening. 

The candidate country always submits its position to the EU Council or presents it at the intergovernmental conference first. It details how to transpose the EU acquis and apply it while explaining its administrative capacities. The EU Council unanimously adopts the EU common negotiating position, at the proposal of the European Commission.

Sessions of the intergovernmental conference are usually conducted at the ministerial level (head of delegation) and at the deputy level (deputy head of delegation). At least one intergovernmental conference at this level takes place each year, and additional conferences may be planned if needed. Ministers or deputies are the central body for negotiations, and working groups may be formed specifically for that purpose. 

Working Groups act under the leadership of a deputy and work with a clear task and within certain deadlines. Intergovernmental conferences are held in Brussels and Luxembourg, and the meetings are chaired by the head of the EU delegation. Officials of the General Secretariat of the EU Council and representatives from a candidate country delegation carry out the secretariat's duties.

The EU Council decides on the provisional closing of negotiations in individual chapters, at the proposal of the European Commission. A cluster is deemed closed when its final chapter is closed, with the exception of Cluster 1- Fundamentals, when the choice is taken at the cluster level.

Knowing that the candidate country should make significant progress by the time the negotiations open, the time from the opening of the negotiations per cluster to the closing of the chapter should be kept to a minimum—ideally, a year.

In the ‘new methodology’ Chapters 23 and 24 maintained a very significant role. They are a part of the Cluster 1 - Fundamentals, and this cluster is the first to open and the last to close. The progress in the Cluster 1 - Fundamentals, sets the flow of negotiations and is taken into account when deciding on opening new cluster(s). Benchmarks for opening negotiations in Cluster 1 - Fundamentals, include a road map / action plan for Chapters 23 (Judiciary and fundamental rights), 24 (Justice, freedom and security) and the road map / action plan for public administration reform.

Benchmarking has a very important role in setting the flow of negotiations. 

Three types of negotiations can be differentiated: 

• opening benchmarks, set and proposed in the screening phase, and with the ‘new methodology’, are set for opening clusters;

• closing benchmarks, set at the level of chapters and in the negotiating position of the EU; 

• interim benchmarks, set in the Cluster 1 - Fundamentals, in the field of rule of law, after it is opened, and no chapter will be temporarily closed before these interim benchmarks are met. After meeting interim benchmarks, minimum benchmarks for closing the cluster 1 - Fundamentals are set. 

Benchmarks are set unanimously in the EU Council, at the proposal of the European Commission. They may be updated in case new issues are opened in one of the chapters. 

Transposition and implementation of the EU acquis is entirely obligation of each candidate country until its accession to the EU. During negotiations, both sides may, for justified reasons, request transitional periods, special arrangements, protective clauses etc., which are limited in time and content. 

Also, they may not violate competition or have effect on the internal EU market. 

Negotiations and meeting the commitments of a candidate country is monitored by the European Commission, which reports to the EU Council and to the European Parliament. The exception is the foreign and security policy, where High Representative of the Union for Foreign Affairs and Security Policy reports, proposes and screens in cooperation with the member states, and when necessary, the European Commission may also be involved.

The European Commission, at their own initiative or at the request of a member state, may propose to the EU Council: 

• suspension of negotiations and conditions to reopen them, if it is established that a country seriously and continuously violates the fundamental values of the EU, and if it is established that a country stagnates or backslides in meeting obligations;

• re-opening of temporarily closed chapters / clusters if new legislation is enacted or if a candidate country fails to meet preconditions and obligations;

• to withdraw earlier recommendation to open a certain cluster.

In these cases, the EU Council decides unanimously, unless after the hearing of a candidate country the EU Council decides within 90 days by a qualified majority to refuse the Commission`s recommendation. The European Parliament is informed in case of a proposal to suspend negotiations.

3) Conclusion of the accession agreement 

This is the last phase of the accession negotiations. It includes two steps: 

• signing of the contract 

• ratification of the contract 

After all the chapters are temporarily closed, the European Council adopts a decision in a form of a conclusion on closure of negotiations. After that, a draft accession treaty is made. Representatives of the EU member states, the candidate country and the EU institutions participate in drafting. The draft treaty includes everything agreed during negotiations. 

Before signing the accession treaty, based on Article 49 of the TFEU, the European Commission gives opinion on the EU accession request. The European Parliament, by majority vote of its members gives approval, and the EU Council unanimously adopts the decision on accession.

After completion of the decision-making procedure in the EU institutions, the accession treaty is signed between the EU member states and the acceding state, usually at the ceremony for that occasion.

After that, it would be necessary to ratify this treaty in all its signatories, i.e. member states and acceding state, in line with the rules set in their legal system.  

As a final step, depending on the rules set in their legal systems, the acceding states decide to organise a referendum on accession to the EU or to express support to accession to the EU in the highest legislative body. 

The membership date is usually set by the accession treaty, provided that ratification process is completed by then.