Joint declaration – Gäichel IX

The 9th joint meeting of the Belgian and Luxembourg governments took place on 4 July 2016, under the joint chairmanship of the Prime Ministers Xavier Bettel and Charles Michel. This meeting follows in the footsteps of the well-established tradition of meetings between the two governments since the Gäichel meeting of 28 April 2004.

The meeting of the two governments took place at a decisive moment for Europe's future. The European project, which gives expression to our fundamental values and brings peace and economic and social progress for our people, and which guarantees the role of Europe in the world, is being questioned from within the European Union.

Our citizens' security is being threatened by blind terrorism that hits innocent people indiscriminately. Belgium experienced this, in the cruellest manner possible, a few months ago.

The instability at Europe's borders confronts us with crises that send  large numbers of refugees into exile, seeking shelter and protection in our countries, and shake the foundations of solidarity between Europeans.

In these difficult circumstances, it is important to engage together to defend and develop the values that are dear to our hearts, and which form the basis of our democratic societies.

The particularly deep and long-standing relations between Belgium and Luxembourg are an essential factor in this commitment to a strong Europe, for the benefit all of our citizens. The two governments undertake to further strengthen their cooperation on matters of concern for our future.

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The two governments deeply regret the fact that the British people have voted against maintaining the United-Kingdom in the European Union. This decision impacts the European Union and, in particular, Luxembourg and Belgium as partners of the United-Kingdom.

As a consequence of the British people's decision, the two governments take the view that the agreement reached by the European Council in February 2016 is null and void. The relevant provisions of the Treaty on the European Union, in this case Article 50, provides for the voluntary withdrawal of a member state from the European Union and allows for an orderly and regulated departure. In this respect, it is important for the United-Kingdom to notify the European Council of its intentions as soon as possible. No formal or informal negotiations can start without such notification by the United-Kingdom.

The two governments, founding countries of the European Union, remain deeply convinced that the European Union provides a unique and essential framework to promote the values of respect of human dignity, freedom, democracy, equality, the rule of law and respect for human rights. They are also convinced that the European Union is the most appropriate forum to promote the well-being of Europe's citizens, to ensure high standards of social protection, and to contribute to peace and stability in the world. They strongly reaffirm their common commitment to the European Union.

Europe today is confronted with enormous challenges in a globalised world. The two governments are convinced that the European Union has to work harder to ensure the security of its citizens in the face of external and internal threats, to establish a stable framework in solidarity to manage the flow of migrants and refugees, to stimulate growth and the creation of quality jobs and to progress towards completing economic and monetary union.

Citizens are at the heart of the European project. The two governments plead for a Union that is closer to citizens. In accordance with their traditions and convictions, they will ensure that the real and direct interest of citizens is better taken into account in all Union policies.

Likewise, the two governments attach particular importance to the rule of law in the European Union and to setting up periodic reviews of the matter.

The two governments express their full confidence in a common European future.  They will consult each other closely before the informal summit scheduled to take place in Bratislava on 26 September.

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The Belgian and Luxembourg governments had an exchange on current international issues. 

Wars and persecution have led to an unprecedented number of displaced persons since the Second World War. Their number is estimated at about 65 million by the United Nations High Commissioner for Refugees. In this context, Belgium and Luxembourg believe that a common European policy on migration is essential. It must be based on solidarity, in particular on credible and continuous  contributions by all member states as regards resettlement and relocation. In this respect, we also agreed to coordinate our efforts to second experts to the EASO, Europol and Frontex agencies.

The EU-Turkey declaration of 18 March is bearing fruit. The daily inflow in the Eastern Mediterranean decreased, from several thousand people per day in 2015 to about fifty per day. Belgium and Luxembourg support the concrete and mutual implementation of the commitments entered into by the parties to stabilise the situation on one of the main migration routes to Europe. In addition, the Commission proposed setting up reinforced partnerships with specific third countries in order to deal with the underlying causes of migration, while prioritising a more effective return policy.

Luxembourg and Belgium support the implementation of reinforced suspension mechanisms for visa liberalisation regimes at European Union level.

During their successive presidencies of the Council of the European Union, Luxembourg and the Netherlands were able to progress work on all questions connected to migration. We highlight particularly the compromise reached with the European Parliament on the European Agency for border guards and coastguards (Frontex) or the launching of negotiations to strengthen border controls at the external borders of the Schengen area. 

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At European level, cooperation in the fight against terrorism has been deepened, especially following the attacks in Paris and Brussels. Sensitive operational information on terrorism circulates better within the EU and collaboration with EUROPOL's “Counter Terrorism Center” and with Eurojust has intensified. During the presidencies of Luxembourg and the Netherlands, important measures were taken to reinforce controls at the external borders and to optimise the exchange of information.

At the Justice and Home Affairs Council on 10 June 2016, the ministers endorsed a road map to reinforce the exchange of information in the fields of justice and home affairs, as well as the interoperability of European and international systems and data bases. Belgium and Luxembourg will continue to support such initiatives aimed at strengthening European cooperation in the fight against terrorism, and remain convinced that the European tools can bring a particular added value to our joint efforts.

At the bilateral level, the respective competent authorities regularly exchange information in the context of the fight against terrorism. Belgium and Luxembourg undertake to maintain and further perfect this fruitful cooperation.

Given the challenges that the European steel industry is currently facing, notably the global production overcapacity which is one of the decisive structural factors in the current steel situation, the two governments have affirmed that finalising the reform of the EU's trade defence instruments is a trade policy priority. Such modernisation is needed for the European Union to guarantee fair global conditions of competition for our companies. This is not about protecting a specific sector from foreign competition, but about safeguarding a maximum number of viable jobs, while allowing our steel industries to stay competitive and plan ahead to justify the investments needed to modernise the sector. Furthermore, the two governments take the view that concrete measures, in the framework of this reform of the commercial defence instruments system, should focus on speeding up procedures, while reinforcing the transparency, predictability, efficiency and implementation of community trade defence instruments.

We have to take action both within and outside the European Union. Therefore, we have to encourage the G20 and the OECD to establish a global programme on the transparency of the sector and the reconversion of companies with excess capacity.

As regards the agricultural sector, and in order to rebalance supply and demand on the milk market, the two governments call for voluntary and temporary stabilisation measures as to supply, which would be coordinated and extended to the whole EU. Furthermore,  European compensation should be linked to the activation of Article 222.

At this stage, the European support measures, in place since September 2015, have had no significant positive impact on the price of agricultural products (milk and pigmeat markets). The two governments invite the European Commission to adopt further measures and to make funds available to deal with the situation.

The Belgian and Luxembourg governments had an exchange on the crafts sector. This is indeed a sector of high economic and social importance to both countries. There will be an exchange of views between the Belgian and Luxembourg authorities to explore how to preserve and valorise the know-how and the sector's place in the economic fabric of both countries.

The governments of Belgium and Luxembourg have reiterated their support for the creation of an independent European Public Prosecutor to prosecute violations affecting the European Union's budget. This project is a flagship measure of judicial cooperation in criminal matters in the European Union. It will significantly contribute to the fight against fraud which is detrimental to European tax payers. The two governments sincerely wish that the negotiations on the draft text will be finalised before the end of the year.

The fight against criminal activities in cyberspace was another topic of the meeting. Obtaining digital evidence more efficiently will strengthen the fight against terrorism and other forms of serious cyberspace crime. The two governments continued their discussion in view of obtaining such data faster, including those held by Internet service providers, without derogating from the need for appropriate control and legality, so as to protect privacy.

Luxembourg and Belgium welcome the collaboration on a risk analysis tool developed in Luxembourg (MONARC). The two countries will exchange rules, standards and good practices and risk management methods to be able, notably, to support the public and private sectors with a view to conforming to the Network Information Security Directive (NIS Directive) and the general regulation on data protection.

The two governments welcome the results achieved on tax matters under the Luxembourg and Dutch presidencies of the Council of the European Union. Major progress has been made on the automatic exchange of rulings and on the directive aimed at fighting fraud and tax evasion (Anti Tax Avoidance Directive). Given the international evolution on tax (BEPS), the two governments decided to strengthen their dialogue on all tax-related topics.

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The two governments welcome their excellent cooperation in Benelux. The two parties took stock of the implementation of the priorities of the Luxembourg presidency of the Committee of Ministers, which Belgium will fully support. The ministers had an exchange of views on the preparations for the Benelux summit which will be held on 3 October in the Grand-Duchy. The significant challenges which the EU is facing underscore the importance of this cooperation platform, so as to increase the security and mobility of citizens and to contribute to their well-being. As a laboratory for Europe, it is up to the three countries to pursue European integration by demonstrating the concrete advantages of efficient cross-border cooperation and by developing initiatives that can be used as a basis for European policies.

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As regards bilateral relations, the two governments have addressed the issue of access to medical studies for Luxembourg students in Belgium. Both parties noted with satisfaction that the INAMI exemption from the quota system for students, having obtained their secondary school diploma in Luxembourg, will be maintained.

Furthermore, the ministers have noted with satisfaction the excellent cooperation between Belgium and Luxembourg on defence matters, and the convergence of views on the main policy areas of security and defence. They reviewed the state of bilateral cooperation by examining possibilities for starting new cooperation at the operational or capacity level or for deepening existing cooperation. They also reviewed the preparations for the NATO summit in Warsaw.  They reaffirmed their wish for the outcome of the summit to be a balanced message, combining firmness with openness to dialogue with Russia, and the importance of solidarity and cohesion among allies when dealing with security challenges, both in the East and in the South.

Luxembourg and Belgium had an in-depth discussion about nuclear energy in spite of the existing divergent views as to the need to have recourse to nuclear energy. The two governments decided to cooperate more closely, focussing on issues of transparency and information. Cross-inspections of nuclear facilities and in the medical sector will be extended, and there will be a continued and more extensive exchange of information and expertise on matters such as nuclear reactor vessels, the radon issue and emergency planning.

In framework of the continuation of existing agreements between the Kingdom of Belgium and the Grand-Duchy of Luxembourg, the two governments signed a bilateral agreement on the management and final disposal of Luxembourg radioactive waste in Belgium. This small quantity of low-activity radioactive waste stems mainly from historical consumer goods, such as ionic smoke detectors. This agreement is the first of its kind in Europe and demonstrates the determination of the two governments to adequately deal with such waste, in the interest of its citizens. Moreover, this agreement recognises the significant role of research and development in this field. The two parties undertook to deposit their instruments of ratification of this agreement before the end of the year.

Particular attention was paid to mobility issues. Every day nearly 40.000 workers, who live in Belgium, travel to Luxembourg.

Many go to the first train station in Luxembourg to take the train going to Luxembourg City, thus benefiting from the advantageous price of Luxembourg train tickets. In order to strengthen the modal part of  railway transport in such cross-border mouvements, CFL and SNCB agreed to create a new product combining a cross-border SNCB rail pass and a Luxembourg mPass. Consequently, the two countries offer since 1 October 2015 the possibility of a cross-border rail pass which enables employees of Luxembourg companies, that have entered into an agreement with the Verkéiersverbond, to benefit, under certain conditions, of advantageous prices. Furthermore, the two countries agreed on the principle of examining together the possibility of introducing a pilot project for a single rate on a specific cross-border train.

Likewise, SNCB carried out a study to determine the conditions for converting the location of the abandoned workshops in Stockem into a parking area (Park&Ride). This project is part of the mobility strategy of both countries, and of the cross-border mobility scheme developed by Luxembourg and the Walloon region, to reduce congestion on the motorway E411. The two countries ask CFL and SNCB to continue their analyses with the aim of operating the P&R in the short-term and in several phases, under the auspices of a Belgian project leader. A pilot project, with advantageous pricing and free P&R for commuters, should be operational for the timetable switch in December 2017.

The ministers noted the progress made by both Belgium and Luxembourg on the Brussels-Luxembourg link under construction since 2007, and on rolling stock with a view to increasing the line's reference speed to 160 km/h.

Luxembourg would like to speed up work on this line to significantly shorten the travel time. On the Belgian side, SNCB and Infrabel will examine, in the light of the transport plan 2017, the operating  conditions to limit buffer time to a minimum compatible with satisfactory operation.

On safety matters, setting up an ETCS system is unquestionably the main challenge that European countries have to face over the years to come. It appears that, when installing the ETCS trackside, the railway infrastructures of Belgium and the Grand-Duchy of Luxembourg present some divergences. Belgium has expressed the wish that a quick solution be found and that the collaboration between the two countries be strengthened, so as to guarantee continuous railway traffic between Belgium and the Grand-Duchy of Luxembourg.

As to aviation, the two governments takes note of the feasibility study, including a cost-benefit analysis, on a possible synergy between Belgocontrol and the Luxembourg Air Navigation Administration. Furthermore, the two parties confirm that the current collaboration between Belgocontrol and ANA Luxembourg will be maintained.

In the context of discussions on the mobility of workers, the two governments reiterated that they were strongly attached to the principle of free mouvement of workers and services and, in particular, to fair competition. They agreed to work together to fight abuse, fraud and social dumping, especially in the case of posting of workers, undeclared work, and bogus self-employment.  

The result of the British referendum has shown that mobility remains a sensitive topic. With a view to reducing the gap which is opening between member states and to renew the trust of citizens in the EU, the two countries undertake to promote a common understanding of fair mobility. The principles of such common understanding will be based on the creation of quality jobs, on the refusal of unfair competition, both between workers and between companies, and will be founded on a strong social dialogue and the absence of discrimination of any kind. Likewise, there will be no tolerance of fraud or abuse.

The governments agreed to continue their discussions so as to coordinate their positions and actions in the matter.

Lastly, in the area of medicinal products and medical supplies, Belgium and Luxembourg believe that greater collaboration between the member states of the European Union would result in better surveillance of these products, for the benefit of everyone. Such collaboration may take the form of an exchange of expertise, resources or information to improve market surveillance over the whole life cycle of products. The same applies to inspections of manufacturing and distribution sites, authorisations for placing medicinal products on the market, or incident management (vigilance). Belgium and Luxembourg, who are already working together on several of these aspects, undertake to enter into a cooperation agreement to deepen this approach. Moreover, and in the spirit of cooperation that already exists on orphan medicinal products, a reflection will be launched on possible synergies for patient recruitment for clinical studies, as well as for the analysis of application files for the reimbursement and purchase of implants.

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The representatives of the two countries agreed that their next joint meeting would take place in Belgium in 2017.

The list of participants in this meeting are attached to this declaration.