Scotland maps out path to EU membership

First minister says eurozone membership is not compulsory, points to Swedish example.

An independent Scotland would pursue membership of the European Union by seeking an amendment to the EU treaties rather than applying as a new member, according to a white paper issued by the Scottish government today (26 November).

There is no precedent for how the EU should deal with a region of a member state seceding. The white paper concludes that applying for EU membership under Article 49 of the Treaty of the European Union “does not appear to be the appropriate legal base” because “Scotland joined the EU in 1973”.

Instead, the government wants to use Article 48, which allows the EU treaty to be amended by unanimous consent. Member states could approve an amendment through an ordinary revision procedure, allowing Scotland to be a member state with “continuity of effect” – on the same basis as its current membership.

However, this would still need the unanimous backing of all member states, something that may be denied by countries such as Spain, Belgium and Italy that are worried about encouraging their own separatist movements. The paper says the Scottish government recognises that it will be up to EU member states to decide on the most appropriate procedure for Scottish EU membership.

Speaking at a press conference this morning, Alex Salmond, Scotland’s first minister, said that he wants this procedure to start now, with an agreement on Scottish membership concluded before the vote on independence on 19 September 2014. That would not leave much time to conclude an agreement, as the Scottish government has set a target date for independence of 24 March 2016 – just 18 months after the referendum

“Our position is we’re very happy to enter talks with the European Commission [now], but it’s clear the talks have to start with the member states, and the UK doesn’t want to do that,” Salmond said.

“We believe Scotland will be a welcome member of the EU, and we believe the timetable for doing this is realistic,” he added.

The white paper says that Scotland will be a net financial contributor to the EU, “subject to negotiation on issues such as the rebate and Scottish take-up of EU funding programmes”. The government sees no need to renegotiate the EU budget already agreed for the period 2014-20. Edinburgh would negotiate with London to divide up the UK’s EU budget rebate.

An independent Scotland would keep the British pound and have the queen as head of state but have its own defence force and collect its own taxes, the report says. The government will not join the eurozone, the report says. All new member states are required to join the eurozone, with the exception of the UK and Denmark, which negotiated opt-outs. Although it is technically required to join the single currency bloc, Sweden has managed to stay out of the eurozone by not joining the European Exchange Rate Mechanism (ERM). Membership of the ERM is required for two years before a country can join the euro.

“The idea that euro membership is compulsory is completely wrong,” said Salmond, pointing to Sweden’s experience. “It’s obligatory to be in the ERM for two years, but it’s voluntary as to whether to join the ERM.”

Alistair Darling, a former British finance minister, told the BBC after the press conference that the white paper assumes future agreements between Scotland and London and Brussels when it has no way of knowing whether the other parties will accept their terms.

“[Salmond] seems to think the EU will agree to whatever we want, Westminster will agree to whatever we want – he can’t seriously believe that,” Darling said.

He told the BBC that establishing a currency union between Scotland and England would be a difficult negotiation. The current troubles of the eurozone mean that people would “run a mile” before entering into another currency union, he said.