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The process of association with the European Union
The process of association with the European Union

This area of the website contains the information necessary to describe the process of association of the Republic of San Marino with the European Union and provides some details about the negotiations underway to reach an Association Agreement. These include institutionally important documents (agreements, parliamentary deeds, analyses and studies), the current composition of the negotiating team, the timeline and the topics of the negotiating sessions.

 

After a phase of consultations, meetings and in-depth studies aimed at identifying the best solutions to further strengthen relations within a renewed legal framework, on 16 December 2014 the Council of the European Union officially granted the Commission the mandate to negotiate one or more Association Agreements with the Republic of San Marino, the Principality of Andorra and the Principality of Monaco.

 

Following this decision, the ceremony to launch the negotiations was held on 18 March 2015 in Brussels, in the presence of the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission (see here the video of the ceremony).

 

After more than eight years of negotiations, an important joint press conference was held on 12 December 2023 at the European Commission in Brussels, during which the Executive Vice President Maroš Šefčovič, the Secretary of State for Foreign Affairs of the Republic of San Marino Luca Beccari and the Head of Government of the Principality of Andorra Xavier Espot have officially announced the successful completion of the negotiations aimed at stipulating an association agreement between the European Union and the respective countries.
Full video of the press conference
Full speech by Executive Vice President Maroš Šefčovič

Overview of the Agreement

The Association Agreement is an agreement that regulates the participation of a third state in a part of the activities of an international organisation. With regard to association with the European Union, the third state does not become a member of the Union (a status it would obtain through an accession process), it will have no economic obligations towards the European Union and, although it will not have any political representation, it will have consulting power.

 

While in accession agreements the EU negotiates the transposition of the entire EU acquis communautaire - i.e. the 35 chapters of EU law which are binding for the institutions, the EU member states and their citizens and economic operators - in the negotiation of an association agreement, the transposition of the entire acquis is reduced.

 

The associating third country is not required to fulfil all the obligations of the Member States, but rather to ensure the transposition of a part of European law. Indeed, one of the main legal features of the Association Agreement is the fact that the associating country must ensure the continuous transposition of the EU acquis, which is constantly evolving.

 

The Association Agreement between the European Union and Andorra and San Marino, is divided into the following sections: institutional framework, common for all States, Country protocols, one per State, regulating aspects related to the specificities of each country, and a section relating to the 25 annexes of the acquis, including the legislation to be transposed into the legal system.

 

These annexes concern the 4 fundamental freedoms (free movement of goods, persons, services and capital), as well as some horizontal EU policies (competition, consumer protection, electronic communication services, transport, environment, etc.) containing secondary legislation acts (legislative, delegated and implementing acts).

 

The 25 annexes that will be included in the Association Agreement are listed below.

 

Annex I - Food safety, veterinary, phytosanitary policy

Annex II - Technical regulations, standards, testing and certification

Annex III - Product liability

Annex IV – Energy

Annex V - Free movement of workers

Annex VI - Social security

Annex VII - Professional qualifications

Annex VIII – Establishment

Annex IX - Financial services

Annex X - Services in general

Annex XI - Electronic communications, audiovisual services, information society

Annex XII - Free movement of capital

Annex XIII – Transport

Annex XIV – Competition

Annex XV – State Aid

Annex XVI – Procurement

Annex XVII - Intellectual property

Annex XVIII - Health and safety at work, labour law and equal treatment for men and women for people with disabilities, for LGBTIQ persons and between persons irrespective of racial or ethnic origin, religion and age

Annex XIX - Consumer protection

Annex XX – Environment and Climate

Annex XXI – Statistics

Annex XXII - Company law

Annex XXIII – Customs

Annex XXIV – Agriculture

Annex XXV – Trade

Acts and documents of the European Union

In response to the request of San Marino for greater integration in the internal market of the European Union, since 2011 European institutions have produced several documents, indicated here below.

 

2023 - European Commission press release on the conclusion of the negotiations for an Association Agreement between the European Union and San Marino of 12 December 2023

 

2022 - Council Conclusions on a homogeneous extended Internal Market and EU relations with non-EU Western European countries and with the Faroe Islands of 21 June 2022

 

2019 - Report on a European Parliament recommendation to the Council, to the Commission and to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the association agreement between the EU and Monaco, Andorra and San Marino of 11 February 2019

 

2018 - Council conclusions on a homogeneous extended internal market and EU relations with non-EU Western European countries of 11 December 2018

 

2016 - Council conclusions on a homogeneous extended single market and EU relations with Non-EU Western European countries of 13 December 2016

 

2014 - Press release of the Council of the European Union on the adoption of the mandate to negotiate one or several association agreements with the EU of 16 December 2014

 

2014 - Council conclusions on a homogeneous extended single market and EU relations with Non-EU Western European countries of 16 December 2014

 

2013 - Text of Council conclusions on EU relations with the Principality of Andorra, the Republic of San Marino and the Principality of Monaco of 16 December 2013

 

2013 - Report of the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Relations with the Principality of Andorra, the Principality of Monaco and the Republic of San Marino - options for their participation in the Internal Market of 18 November 2013

 

2012 - Council conclusions on EU relations with the Principality of Andorra, the Republic of San Marino and the Principality of Monaco, adopted by the Council of the European Union on 20 December 2012

 

2012 - Commission Staff Working Paper - obstacles to access by Andorra, Monaco and San Marino to the EU's Internal Market and Cooperation in other areas (accompanying the document mentioned above) of 20 November 2012

 

2012 - Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Relations with the Principality of Andorra, the Principality of Monaco and the Republic of San Marino - options for closer integration with the UE of 20 November 2012

 

2011 - Report of the Presidency of the Council of the European Union on EU Relations with the Principality of Andorra, the Republic of San Marino and the Principality of Monaco of 14 June 2011 

National acts and documents

PARLIAMENTARY ACTS

 

2023 - Decision concluding the debate on the state of the negotiations on the Association Agreement with the European Union to commit the Government to continue the political debate in the appropriate fora and to strengthen information to citizens, as well as to continue the negotiations by seeking the closure of all still open annexes, in the interest of the Republic of San Marino, approved by the Parliament in its sitting of 27 october 2023

 

2023 - Decision to commit the Government to present the negotiating stance on the integration of San Marino's financial system into the European one, by reporting on a monthly basis to the Permanent Parliamentary Commissions II and III and intensifying the activity of the Joint Committee on the Association Agreement with the European Union, adopted by the Permanent Parliamentary Commission for Foreign Affairs and the Permanent Commission for Finance in its sitting of 6 September 2023

 

2022 - Final Decision resulting from the debate on the Association Agreement with the European Union, approved by the Parliament in its sitting of 12 July 2022

 

2019 - Final Decision adopted following the debate on the report by the Minister of Foreign Affairs concerning the Association Agreement with the European Union, approved by the Parliament in its sitting of 26 April 2019

 

2019 - Decision on foreign policy in general and in particular on the relations with Italy and the state of negotiations for the Association Agreement with the European Union. Request for a debate on this issue, approved by the Parliament in its sitting of 15 February 2019

 

2017 - Decision which commits the Government to report on the progress of the Association Agreement with the European Union to the Permanent Parliamentary Commission for Foreign Affairs, at least on a quarterly basis in a secret session, presented by all parliamentary groups and adopted unanimously by the Permanent Parliamentary Commission for Foreign Affairs in its sitting of 30 November 2017

 

2015 - Final Decision resulting from the debate on the mandate for the conclusion of one or more Association Agreements with the European Union, approved by the Great and General Council in its sitting of 23 January 2015

 

2014 - Final Decision ensuing from the debate on the Report from the European Commission and the Conclusions of the Council of the European Union concerning the options for the participation of Small States in the Internal Market of the EU, approved by the Great and General Council in its sitting of 24 January 2014

 

2013 - Concluding petition submitted by majority Parliamentary Groups committing the Government to: continue the assessment of the administrative capacity necessary to the implementation of the acquis communautaire by drafting an ad-hoc plan of action; pursue the objective of the integration of San Marino with the European Union by progressively transposing community legislation into national law; report to Parliament on implementation status every six months, approved by the Great and General Council in its sitting of 28 February 2013

 

2011 - Petition submitted by the Parliamentary Group of the Party of the Socialists and Democrats (PSD) at the conclusion of the debate on the Report of the Council of the European Union on the EU Relations with the Principality of Andorra, the Principality of Monaco and the Republica of San Marino, approved by the Permanent Parliamentary Commission for Foreign Affairs in its sitting of 13 July 2011

 

2011 - Petition submitted by the majority Parliamentary Groups and Representatives at the conclusion of the debate on the development of relations with the European Union, approved by the Great and General Council in its sitting of 7 June 2011

 

2010 - Petition submitted by the majority Parliamentary Groups committing the Government to start negotiations for an increased integration of the Republic of San Marino with the European Union, approved by the Great and General Council in its sitting of 15 December 2010

 

 

GOVERNMENT ACTS

 

2017 - Decision n. 4 of 23.01.2017 -  Composition of the Technical Group in charge of supporting the process of association of San Marino with the European Union

 

2015 - Decision n. 3 of 27.07.2015 - Composition of the technical group responsible for supporting the process of greater European integration

 

2014 - Decision n. 12 of 29.04.2014 - Government provisions on the start of negotiations with the European Union, authorisation of expenditure and transfer from the Reserve Fund for unforeseen expenditure

 

 

REFERENDA

 

2013 - Results of the referendum held on 20 October 2013 on initiation of EU accession procedure

 

2013 - Regency Decree no. 88 of 23 July 2013 "Date of Propositive Referenda"

 

 

Negotiating team

CHIEF NEGOTIATOR

Ambassador Antonella Benedettini

Head of the Mission of the Republic of San Marino to the European Union

 

DIRECTORATE OF EUROPEAN AFFAIRS

Director - Luca Brandi, Extraordinary Envoy and Minister Plenipotentiary

Giovanni Luca Ghiotti, Counsellor

Lino Zonzini, Counsellor

Luca Ghinelli, Legal Expert

Paola Ghiotti, Legal Expert

Elisabetta Lonfernini, Legal Expert

Sara Zucchi, Legal Expert

Mattia Conti, Economic Expert

 

SAN MARINO MISSION TO THE EUROPEAN UNION

Lisa Gualtieri, Counsellor

Michela Bovi, Counsellor

 

ADVISOR

Prof. Roberto Baratta, Legal Advisor of the Government

Negotiating sessions and topics discussed

2023

 

Session of 6-7 December - Veterinary and Phytosanitary, Free movement of capital, Labor law, Transport, Energy, Statistics, Company law, Environment and climate (bilateral);
Institutional provisions of the Association Agreement, Financial Services Protocol and Framework Protocols (multilateral)

 

Technical session 29 November - Transport (bilateral)

 

Session of 7-8 November - Competition, State Aid, Professional qualifications, Services in general, Veterinary and Phytosanitary, Customs, Agricolture, Trade, Free Movement of Workers, Right of establishment, Labour Law, Transport,Energy (bilateral); Institutional provisions of the Association Agreement, Protocol financial services and Framework protocols (multilateral)

 

Technical session 13 and 16 October – Statistics (bilateral)

 

Session of 11-12 October - Professional qualifications, State Aid, Health and safety at work, Company law (bilateral); Institutional provisions of the Association Agreement (multilateral)

 

Technical session 3 October – Professional qualifications (bilateral)

 

Session of 18-19 September - Veterinary and Phytosanitary, Company Law, Services in General, Free Movement of Workers, Right of Establishment e Labour Law (bilateral);
Services Financiers and Institutional provisions of the Association Agreement (multilateral)

 

Session of 12 July – Telecommunications, Free Movement of capital, Transport, Company Law and Institutional provisions of the Association Agreement (multilateral)

 

Session of 21-22 June - Veterinary and Phytosanitary, Energy, Telecommunications, Free Movement of capital, State aid, Statistics, Company Law (bilateral);
Law and Institutional provisions and Structure of the Association Agreement (multilateral)

 

Technical session 4 June – Free Movement of Workers (bilateral)

 

Technical session 23 May – State Aid (bilateral)

 

Session of 11 May - Free movement of capital, energy and climate, equal treatment, competition, company law

 

Session of 19 April - Telecommunications, free movement of capital, health and safety at work, environment and climate, company law

 

Technical session 14 April – Financial services (bilateral)

 

Technical session 29 March – Free Movement of Workers (bilateral)

 

Session of 16 March - Technical regulations, standards, testing and certification, environmental protection, telecommunications, recognition of professional qualifications, transport, procurement, environment and climate

 

Session of 1 February - Free Movement of Workers, Labour Law, Financial Services, Energy, State Aid, Competition

 

2022

Technical session 13 December – Financial Services (multilateral)

 

Session of 12 December - Energy, safety at work, labour law, equal treatment, procurement

 

Session of 21 November - State aid, freedom of establishment

 

Session of 10 October - Freedom of establishment, (bilateral) competition, consumer protection, free movement of workers

 

Session of 30 June - Electronic communications, procurement

 

Technical session 9 June - Consumer protection (multilateral)

 

Session of 5 May - Freedom of Establishment, State Aid

 

Session of 10 March - Technical regulations, standards, testing and certification, environment and climate, consumer protection

 

2021

Session of 9 December - Environment and climate; safety at work, labour law, equal treatment

 

Session of 26 October - Environment and climate; safety at work, labour law, equal treatment; energy, agriculture

 

Session of 1 July - Transport (focus on road transport), trade; environment and climate; health and safety at work, labour law, equal treatment for men and women; coordination of social security systems

 

Session of 18 March - Transport (focus on road transport legislation), intellectual property, coordination of social security systems, technical regulations, standards, testing and certification

 

2020

Session of 9 December - Food safety, veterinary and phytosanitary policy; transport (with a focus on road transport)

 

Session of 14 October - Food safety, veterinary and phytosanitary policy, technical regulations, standards, testing and certification, energy; statistics

 

Session of 30 September - Intellectual Property

 

Session of 2 July - Product Liability

 

Session of 29 June - Customs, trade

 

2019

Session of 9 October - Meeting on the Status of Negotiations (bilateral)

 

Session of 2-3 July - Institutional framework (multilateral), electronic communications (bilateral), State aid and competition (bilateral), Schengen (bilateral), air transport (bilateral), energy (bilateral), free movement of persons and workers (bilateral), freedom of establishment and to provide services (bilateral), postal services (bilateral)

 

Session of 3-4 June - Institutional Framework (multilateral), State Aid and Competition (multilateral)

 

Session of 14-15 May - Electronic communications (bilateral), energy (bilateral), air transport (bilateral), pharmaceutical sector (bilateral), recognition of San Marino residence and stay permits (bilateral), freedom of establishment and to provide services (bilateral), customs (bilateral), state aid and competition (bilateral); free movement of persons and workers (bilateral), postal services (bilateral)

 

Session of 8-11 April - Institutional framework (multilateral), good governance in the tax area (multilateral), preferential agreements (multilateral), electronic communications (bilateral), energy (bilateral), customs (bilateral), pharmaceutical sector (bilateral), recognition of San Marino residence and stay permits (bilateral), free movement of persons and workers (bilateral)

 

Session of 4-7 March - Institutional Framework (multilateral and bilateral), State Aid and Competition (multilateral)

 

Session of 22-24 January - Institutional framework (multilateral), health and safety at work, labour law, equal treatment for men and women (bilateral), state aid and competition (bilateral), transport (bilateral), cooperation outside the four freedoms (multilateral), monopoly with a focus on energy (bilateral)

 

2018

Session of 26-29 November - Institutional framework, free movement of capital (bilateral), financial services (multilateral and bilateral), State aid and competition (multilateral and bilateral), statistics (multilateral), free movement of workers (bilateral), coordination of social security systems (bilateral), health and safety at work, labour law, equal treatment of men and women (bilateral)

 

Session of 22-25 October - Institutional framework, consumer protection (multilateral), State aid and competition (bilateral and multilateral), free movement of capital (multilateral), intellectual property (bilateral), electronic communications (bilateral), trade (multilateral), procurement (bilateral), free movement of workers (bilateral), coordination of social security systems (bilateral), health and safety at work, labour law, equal treatment for men and women (bilateral), cooperation outside the four freedoms (multilateral)

 

Session of 2-5 July - Institutional framework, free movement of goods (multilateral and bilateral) and transposition of the acquis, environment (bilateral), social policy (multilateral), cooperation in the fight against fraud (multilateral), state aid and competition (multilateral), free movement of workers (bilateral), coordination of social security systems (bilateral), health and safety at work, labour law, equal treatment for men and women (bilateral)

 

Session of 14-17 June - Institutional framework, free movement of goods (multilateral and bilateral), group for the transposition of the acquis, provision of services (bilateral), transport (multilateral and bilateral), freedom of establishment (bilateral), free movement of capital, fight against fraud, state aid and competition, product liability (multilateral), social policy (multilateral)

 

Session of 23-26 April - Institutional framework, freedom to provide services (bilateral), free movement of goods (multilateral), freedom of establishment, free movement of capital, professional qualifications, energy

 

Session of 19-22 March - Institutional framework, free movement of goods (multilateral and bilateral), transposition of the EU acquis, free movement of capital, environment, intellectual property, consumer protection, customs, agriculture, cooperation in the fight against fraud

 

Session of 29-31 January - Institutional framework, free movement of goods, freedom to provide services and transport, right of establishment, free movement of capital, environment

 

2017

Session of 12-14 December - Free movement of goods (multilateral and bilateral) and transposition of the acquis, right of establishment, institutional framework, cooperation

 

Session of 9-12 October - Free movement of goods (multilateral and bilateral) and transposition of the acquis, institutional framework, right of establishment, freedom to provide services (transport)

 

Session of 11-12 July - Free movement of goods (multilateral and bilateral), institutional framework, free movement of persons, transposition of the EU acquis, freedom to provide services (professional qualifications, posted workers, cross-border services)

 

Session of 16-18 May - Free movement of goods, freedom to provide services and transport, right of establishment, institutional framework

 

Session of 21-23 March - Free movement of goods, transposition of the EU acquis, freedom to provide services

 

Session of 31 January-2 February - Free movement of goods, freedom to provide services, institutional framework

 

2016

Session of 8-10 November - Free movement of goods, freedom to provide services

 

Session of 20-23 September - Free movement of goods, institutional framework

 

Session of 6-8 June - Free movement of goods, institutional framework

 

Session of 25-28 April - Free movement of goods and relevant EU acquis list, institutional framework

 

Session of 15-17 March - Free movement of goods, customs union, institutional framework

 

Session of 1-5 February - Free Movement of Goods and Institutional Framework

 

2015

Session of 2-3 December - Free movement of goods

 

Session of 23 October - Institutional framework

 

Session of 22-23 September - Free movement of goods

 

Session of 22 June - Institutional framework

 

Session of 4-5 May - Institutional framework