98/268/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Slovenia
Date: 1998-03-30
Institutions: Council of the European Union
Subjects: EU programme, Slovenia, accession to the European Union, cooperation policy

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Official  Journal  of  the  European  Communities

23.4.98

COUNCIL  DECISION

of  30  March  1998

on  the  principles,  priorities,  intermediate  objectives  and  conditions  contained  in  the  accession
partnership  with  the  Republic  of  Slovenia

(98/268/EC)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,

Having regard to Council Regulation (EC) No 622/98 of
16  March  1998  on  assistance  to  the  applicant  countries
in  the  framework  of  the  pre-accession  strategy,  and
the  establishment  of  accession
in  particular  on 
partnerships (1),  and  in  particular  to  Article  2  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Whereas  the  Luxembourg  European  Council  stated  that
the  accession  partnership  is  a  new  instrument,  the  key
feature  of  the  enhanced  pre-accession  strategy;

Whereas  Regulation  (EC)  No  622/98  sets  out  that  the
Council  shall  decide,  by  a  qualified  majority  and
following  a  proposal  from  the  Commission,  on  the
principles,  priorities, 
and
conditions 
individual  accession
contained 
partnerships,  as  they  are  submitted  to  each  applicant
country, as well as on subsequent significant adjustments
applicable  to  them;

intermediate  objectives 
in 

the 

Whereas  Community  assistance  is  conditional  on  the
fulfilment  of  essential  elements,  and  in  particular  on  the
respect  of  the  commitments  contained  in  the  Europe
Agreements  and  on  progress  towards  fulfilment  of  the
Copenhagen criteria; whereas, where an essential element
is  lacking,  the  Council,  acting  by  a  qualified  majority  on
a  proposal  from  the  Commission,  may  take  appropriate
steps  with  regard  to  any  pre-accession  assistance;

Whereas the Luxembourg European Council decided that
the  implementation  of  the  accession  partnership  and
progress  in  adopting  the  acquis  will  be  examined  in  the
Europe  Agreement  bodies;

(1)  OJ  L  85,  20.3.1998,  p.  1.

the  Commission’s  opinion  presented  an
Whereas 
objective  analysis  on 
the  Republic  of  Slovenia’s
preparations  for  membership  and  identified  a  number  of
priority  areas  for  further  work;

Whereas,  in  order  to  prepare  for  membership,  the
Republic  of  Slovenia  should  draw  up  a  national
programme  for  the  adoption  of  the  acquis;  whereas  this
programme  should  set  out  a  timetable  for  achieving  the
priorities  and  intermediate  objectives  established  in  the
accession  partnership,

HAS  DECIDED  AS  FOLLOWS:

Article  1

In  accordance  with  Article  2  of  Regulation  (EC)  No
622/98,  the  principles,  priorities,  intermediate  objectives
and conditions contained in the accession partnership for
the Republic of Slovenia are set out in the Annex hereto,
which  forms  an  integral  part  of  this  Decision.

Article  2

The  implementation  of  the  accession  partnership  will  be
examined  in  the  Europe  Agreement  bodies  and  through
the appropriate Council bodies to which the Commission
will  report  regularly.

Article  3

This  Decision  shall  enter  into  force  on  the  third  day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Done  at  Brussels,  30  March  1998.

For  the  Council

The  President

M.  BECKETT

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ANNEX

SLOVENIA

1.  Objectives

The  purpose  of  the  accession  partnership  is  to  set  out  in  a  single  framework  the  priority  areas  for  further
work  identified  in  the  Commission’s  opinion  on  Slovenia’s  application  for  membership  of  the  European
Union,  the  financial  means  available  to  help  Slovenia  implement  these  priorities  and  the  conditions  which
will  apply  to  that  assistance.  The  accession  partnership  will  provide  a  framework  for  a  number  of  policy
instruments which will be used to help the candidate countries in their preparations for membership. These
will include inter alia the national programme for the adoption of the acquis to be adopted by Slovenia, the
joint assessment of economic policy priorities, the pact against organised crime and the internal market road
maps.  Each  of  these  instruments  is  different  in  nature  and  will  be  prepared  and  implemented  according  to
specific procedures. They will not be an integral part of this partnership, but the priorities they contain will
be  compatible  with  it.

2.  Principles

The main priority areas identified for each candidate country relate to their ability to assume the obligations
of  meeting  the  Copenhagen  criteria  which  state  that  membership  requires:

—  that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law,

human  rights  and  respect  for  and  protection  of  minorities,

—  the existence of a functioning market economy, as well as the capacity to cope with competitive pressure

and  market  forces  within  the  Union,

—  the  ability  to  take  on  the  obligations  of  membership,  including  adherence  to  the  aims  of  political,

economic  and  monetary  union.

At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their
administrative  structures  to  ensure  the  harmonious  operation  of  Community  policies  after  accession  and  at
Luxembourg,  it  stressed  that  incorporation  of  the  acquis  into  legislation  is  necessary,  but  not  in  itself
sufficient;  it  is  necessary  to  ensure  that  it  is  actually  applied.

3.  Priorities  and  intermediate  objectives

The  Commission’s  opinions  and  the  Council’s  examination  of  these  have  highlighted  the  extent  of  the
efforts which still have to be made in certain areas by the candidate countries to prepare for accession and
took the view that none of these countries fully satisfies all of the Copenhagen criteria at the present time.
This  situation  will  require  the  definition  of  intermediate  stages  in  terms  of  priorities,  each  to  be
accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement
of which will condition the degree of assistance granted and the progress of the negotiations under way with
some  countries  and  the  opening  of  new  negotiations  with  the  others.  The  priorities  and  intermediate
objectives have been divided into two groups — short and medium term. Those listed under the short-term
have  been  selected  on  the  basis  that  it  is  realistic  to  expect  that  Slovenia  can  complete  or  take  them
substantially  forward  by  the  end  of  1998.  In  view  of  the  short  time  span,  and  taking  into  account  the
administrative  capacity  required  to  achieve  them,  the  number  of  priorities  selected  for  the  short  term  has
been  limited.  The  priorities  listed  under  the  medium  term  are  expected  to  take  more  than  one  year  to
complete  although  work  may  and  should  also  begin  on  them  during  1998.

Slovenia will be invited to draw up a national programme for the adoption of the acquis (NPAA) by the end
of  March  which  should  set  out  a  timetable  for  achieving  these  priorities  and  intermediate  objectives  and,
where  possible  and  relevant,  indicate  the  necessary  staff  and  financial  resources.

The accession partnership will indicate that Slovenia will have to address all issues identified in the opinion.
Incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it
is  actually  applied  to  the  same  standards  as  those  which  apply  within  the  Union.  In  all  of  the  areas  listed
below  there  is  a  need  for  credible  and  effective  implementation  and  enforcement  of  the  acquis.

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Drawing on the analysis of the Commission’s opinion and the Council’s examination of this, the following
short-  and  medium-term  priorities  and  intermediate  objectives  have  been  identified  for  Slovenia.

3.1.  S h o r t - t e r m   ( 1 9 9 8 )

Economic reform: establishment of medium-term economic policy priorities and joint assessment within the
framework  of  the  Interim/Cooperation  Agreement;  action  on  market-driven  restructuring  in  the  enterprise,
finance  and  banking  sectors  and  preparation  of  pension  reform.

Reinforcement  of  institutional  and  administrative  capacity:  in  particular  introduction  of  a  civil  service  act,
improvements in the areas of the judiciary, of land registration, phytosanitary and veterinary administration,
particularly  as  regards  facilities  at  the  external  borders,  financial  control  and  audit  functions,  institutional
strengthening  in  the  area  of  environment,  begin  to  set  up  structures  needed  for  regional  and  structural
policy.

Internal  market:  including  alignment  in  the  areas  of  indirect  taxation,  intellectual  and  industrial  property,
adoption  of  VAT  law  and  preparation  for  implementation  in  1999,  standardisation  and  certification
(conformity  assessment),  technical  regulations,  and  of  company  legislation  and  liberalisation  of  capital
movements  (in  particular  currency  legislation),  establishment  of  a  State  aid  monitoring  authority,  a  first
State  aid  inventory  and  the  creation  of  a  legal  framework  for  State  aid  control,  progress  towards  adoption
of  an  anti-trust  law.

Property  law:  further  clarification  of  the  situation  pertaining  to  property  legislation  with  particular  regard
to  the  right  to  purchase  property  for  Union  citizens.

Environment:  continue  transposition  of  framework  legislation,  finalising  the  detailed  approximation
programmes  and  implementation  strategies  related  to  individual  acts.  Planning  and  commencement  of
implementation  of  these  programmes  and  strategies.

3.2.  M e d i u m - t e r m

Political criteria: pursue  efforts  to  speed  up  property  restitution.

Economic  policy:  regular  review  of  the  joint  assessment  of  economic  policy  priorities,  within  the  Europe
Agreement framework, focusing on satisfying the Copenhagen criteria for membership of the Union and the
acquis  in  the  area  of  economic  and  monetary  policy  (coordination  of  economic  policies,  submission  of
convergence programmes, avoidance of excessive deficits); while Slovenia is not expected to adopt the euro
immediately  on  accession,  it  is  expected  to  pursue  policies  which  aim  to  achieve  real  convergence  in
accordance  with  the  Union’s  objectives  of  economic  and  social  cohesion,  and  nominal  convergence
compatible  with  the  ultimate  goal  of  adoption  of  the  euro.

Reinforcement  of  institutional  and  administrative  capacity:  as  regards  public  procurement  (in  particular
transparency), supervision of the insurance and security market, the Slovene Competition Office, completion
of  competition  law,  development  and  implementation  of  agricultural  and  regional  policies,  audiovisual
policies,  customs  administration  and  enforcement  of  the  customs  code;  improved  operation  of  the  judicial
system; training for the judiciary in Community law and its application, reinforcement of justice and home
affairs  institutions  (ensuring  sufficient  and  properly  trained  personnel,  in  particular  police,  border  guards,
ministries  and  courts),  strengthening  of  the  nuclear  safety  authority,  reform  of  customs  and  tax
administrations  to  ensure  readiness  to  apply  the  acquis,  the  reinforcement  of  food  control  administration.

Internal  market:  including  the  alignment  of  legislation  on  public  procurement,  financial  services,  State  aid
(in particular alignment of monitoring rules and exclusive and special rights), upgrading of standardisation
and  conformity  assessment  structures,  establishment  of  a  market  surveillance  system  and  alignment  of
horizontal  technical  legislation  on  industrial  products,  increased  efforts  to  liberalise  the  capital  market  and
to facilitate foreign investments, further alignment of consumer protection, reinforcement of the competition
office  and  the  State  aid  monitoring  authority,  efficient  enforcement  of  competition  law,  promotion  of
enterprise development, including small and medium-sized enterprises (SMEs), alignment with the acquis in
the  fields  of  telecommunications,  consumer  protection  and  the  internal  energy  market.

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Justice  and  home  affairs:  fight  against  organised  crime  (in  particular  money  laundering,  drugs  and
trafficking in human beings) and corruption, alignment of visa policy with that of the Union and completion
of  alignment  on  international  conventions,  implementation  of  migration  policy  and  asylum  procedures,
notably  in  view  of  the  Schengen  acquis.

Nuclear safety: nuclear policy and investment plans to be adjusted in line with the results of the seismic risk
assessment  to  be  carried  out  in  the  surroundings  of  the  Krsko  NPP.

Agriculture: establishment of a functioning land registry, strengthening of structural and rural development
policy,  including  alignment  with  the  agricultural  acquis  (including  veterinary  and  phytosanitary  matters,  in
particular  external  border  controls),  attention  to  environmental  aspects  of  agriculture  and  biodiversity.
Development of the capacity to implement and enforce the common agricultural policy (CAP), in particular
the fundamental management mechanisms and administrative structures to monitor the agricultural markets
and  implement  structural  and  rural  development  measures,  adoption  and  implementation  of  the  veterinary
and  phytosanitary  requirements,  upgrading  of  certain  food-processing  establishments  and  testing  and
diagnostic  facilities,  restructuring  of  the  agri-food  sector.

Fisheries:  development  of  capacity  to  implement  and  enforce  the  common  fisheries  policy.

Transport:  further  efforts  on  alignment  with  the  acquis,  in  particular  on  road  transport  (market  access,
safety rules and taxation) and rail, and to provide necessary investment for transport infrastructure, notably
extension  of  trans-European  networks.

Employment  and  social  affairs:  development  of  appropriate  labour-market  structures  and  joint  review  of
employment  policies  as  preparation  for  participation  in  Union  coordination;  alignment  of  labour  and
occupational  health  and  safety  legislation  and  development  of  enforcement  structures  in  particular  early
adoption  of  the  framework  directive  on  health  and  safety  at  work;  enforcement  of  equal  opportunities
between women and men; further development of active, autonomous social dialogue; further development
of  social  protection.

Environment:  including  the  development  of  monitoring  and  implementation  control  structures  and
capacities,  continuous  planning  and  implementation  of  approximation  programmes  related  to  individual
legal  acts.  A  particular  emphasis  should  be  given  to  air  pollution,  the  waste  water  sector  as  well  as
integrated industrial pollution control and risk management. Environmental protection requirements and the
need  for  sustainable  development  must  be  integrated  into  the  definition  and  implementation  of  national,
sectoral policies.

Regional  policy  and  cohesion:  introduce  the  legal  administrative  and  budgetary  framework  for  a  national
policy  to  address  regional  disparities  through  an  integrated  approach,  in  order  to  participate  in  Union
structural  programmes  after  membership.

4.  Programming

The PHARE allocation for the period 1995 to 1997 has totalled ECU 72 million. Subject to the approval of
the  PHARE  budget  for  the  remaining  period,  the  Commission  will  confirm  the  allocations  for  1998  and
1999.  Financial  proposals  will  be  submitted  to  the  PHARE  Management  Committee  as  provided  for  in
Regulation (EEC) No 3906/89. Joint financing by the applicant countries will be systematically required for
all  investment  projects.  Financial  assistance  from  the  year  2000  onwards  will  comprise  aid  for  agriculture
and  a  structural  instrument  which  will  give  priority  to  measures  similar  to  the  Cohesion  Fund.

5.  Conditionality

Community  assistance  will  be  conditional  on  respect  by  Slovenia  of  its  commitments  under  the  Europe
Agreement,  further  steps  towards  satisfying  the  Copenhagen  criteria  and  progress  in  implementing  this
accession partnership. Failure to respect these general conditions could lead to a decision by the Council on
the  suspension  of  financial  assistance  on  the  basis  of  Article  4  of  Regulation  (EC)  No  622/98.

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6.  Monitoring

The  implementation  of  the  accession  partnership  will  be  monitored  in  the  framework  of  the  Europe
Agreement.  This  will  begin  in  1998  before  the  Commission  presents  its  first  regular  report  to  the  Council
reviewing  the  progress  made  by  Slovenia  including  implementation  of  the  accession  partnership.

The  relevant  sections  of  the  accession  partnership  will  be  discussed  in  the  appropriate  sub-committee.  The
Association  Committee  will  discuss  overall  developments,  progress  and  problems  in  meeting  its  priorities
and  intermediate  objectives  as  well  as  more  specific  issues  referred  to  it  from  the  sub-committees.  The
Association  Committee  will  report  to  the  Association  Council  on  the  implementation  of  the  accession
partnership.

The PHARE Management Committee will ensure that financing decisions are compatible with the accession
partnerships.

The accession partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No
622/98. The Commission will propose, before the end of 1999 and at regular intervals thereafter, a review
of  this  partnership,  on  which  the  Council  will  take  a  formal  decision.  These  reviews  will  include
consideration  of  the  need  to  further  specify  intermediate  objectives  in  the  light  of  the  progress  made  by
Slovenia  in  meeting  the  objectives  set  out  in  this  partnership.