EU memo says permanent exemptions for Iceland are unlikely

Permanent exemptions from European Union rules are generally unlikely to be offered to new member states, according to a new memorandum reported by mbl.is. EU negotiating frameworks do not provide for such exemptions except in unusual circumstances, typically in narrowly defined areas with limited effects on other member states.

The memorandum was written by Stefán Már Stefánsson, a former law professor and European law expert, and attorney Óttar Pálsson at the request of the Confederation of Icelandic Enterprise. It examines what would be involved in accession negotiations with the EU.

The document was published ahead of Saturday’s referendum on whether Iceland should resume accession talks with the EU.

The authors note that permanent exemptions are not theoretically impossible and that examples have appeared in previous accession agreements. However, such exemptions have been rare, narrowly defined and unrelated to the EU’s core policies.

“The main rule is that permanent exemptions are not available to new member states,” the memorandum says, adding that broader exemptions are even less likely.

It also points out that approval from all 27 EU member states is required at various stages of the accession process. The states have used their veto powers in several cases, including to pursue goals unrelated to the issue under negotiation.

The same principle was included in the EU’s negotiating framework for Iceland from 2010, concerning the talks that the governing majority now wants to resume. Under that framework, Iceland would adopt the EU’s rules as they stood at the time of accession. Adjustment measures would have to be temporary and limited, and could not change EU rules or policy.

The issue is particularly significant for fisheries. Costas Kadis, the EU’s fisheries chief, has discussed room for flexibility in possible negotiations with Iceland. However, in a response to the European Parliament this week, he avoided answering a question about permanent exemptions and permanent special arrangements.

Mogens Schou, a former Danish fisheries official, also commented this week. He said it would be impossible for Iceland to remain outside the EU’s common fisheries policy, but that Iceland could negotiate special arrangements and some safeguards for its interests within that policy.