98/260/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Poland
Date: 1998-03-30
Institutions: Council of the European Union
Subjects: EU programme, Poland, accession to the European Union, cooperation policy

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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  Poland

(98/260/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  Poland’s
preparations  for  membership  and  identified  a  number  of
priority  areas  for  further  work;

Whereas,  in  order  to  prepare  for  membership,  the
Republic  of  Poland  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  Poland  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

POLAND

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  Poland’s  application  for  membership  of  the  European
Union, the financial means available to help Poland 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 Poland, 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  Poland  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.

Poland 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 Poland 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  Poland.

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  Europe  Agreement;  acceleration  of  the  privatisation/restructuring  of  State  enterprises
(including telecommunications), and the sound development of the financial sector, including acceleration in
a  transparent  manner  of  banking  privatisation  and  improving  bankruptcy  proceedings.

Industrial  restructuring:  adoption  by  30  June  and  start  of  implementation  of  a  viable  steel  sector
restructuring  programme,  pursue  restructuring  in  the  coal  sector.

Reinforcement  of  institutional  and  administrative  capacity:  in  particular  improvements  in  the  areas  of
customs, State aid controls, justice and home affairs ministries and services, financial control, veterinary and
phytosanitary controls, (particularly as regards facilities at the external borders), environment, taxation and
regional policy.

Internal  market:  including  certification  and  standardisation  (further  alignment  of  legislative  measures  and
conclusion  of  a  European  conformity  assessment  agreement),  further  alignment  in  the  areas  of  intellectual
and industrial property, public procurement and liberalisation of capital movements, the adoption of a law
on  State  aid,  and  strengthening  of  monitoring  authority,  finalisation  of  State  aid  inventory.

Justice and home affairs: develop more effective border management and control systems in particular of the
borders  with  Belarus  and  the  Ukraine  and  align  visa  regimes  with  the  Union.

Agriculture:  establish  a  coherent  structural  and  rural  development  policy;  adoption  of  implementing
regulations  and  implementation  and  enforcement  of  veterinary  and  phytosanitary  requirements  particularly
with  regard  to  the  inspection  and  control  arrangements  for  protecting  Community  external  borders.  In
particular,  upgrading  of  certain  food-processing  establishments  (milk  and  meat  sectors)  and  certain  testing
and  diagnostic  facilities.

Environment:  continue  transposition  of  framework  legislation,  establishment  of  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: further  attention  to  ensuring  equal  access  to  public  services.

Economic  policy:  regular  review  of  the  joint  assessment  of  economic  policy  priorities,  within  the  Europe
Agreement  framework,  focusing  and  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  Poland  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:  development  of  anti-fraud  unit  and  State  audit
office, strengthening of financial control capacity; 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  parliamentary  law-making  procedures,  improvement  of  tax-gathering  capacity,
reform  of  customs  and  tax  administrations  to  ensure  readiness  to  apply  the  acquis,  the  reinforcement  of
food  control  administration.

Internal  market:  including  completion  of  alignment  of  public  procurement  legislation,  financial  services,
further  development  of  standardisation  and  conformity  assessment  bodies  and  establishment  and  operation
of  a  market  surveillance  system,  alignment  of  technical  legislation  on  industrial  products,  further
improvements  in  the  field  of  competition  (e.g.  merger  control),  efficient  enforcement  of  competition  law,
audiovisual, property ownership and external frontier control, reinforcement of the anti-trust and State aid
authorities,  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:  including  development  of  effective  border  management  and  implementation  of
migration  policy  and  the  new  asylum  system  as  well  as  the  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 reforms of
legislation  on  aliens,  notably  in  view  of  the  Schengen  acquis.

Agriculture:  including  alignment  with  the  agricultural  acquis  (including  veterinary  and  phytosanitary
matters,  in  particular  external  border  controls),  attention  to  environmental  aspects  of  agriculture  and
biodiversity,  implementation  of  structural  and  rural  development  policy.  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,  undertake  steps  to  bring  public  health  standards  into  line  with  Union  norms.

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  drinking  water,  waste  water,  the  waste  sector,  air
pollution,  as  well  as  to  large  combustion  plants.  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:  completion  of  legal  basis,  development  of  administrative  structures  and
budgetary  procedures,  financial  instruments,  monitoring  and  control  mechanisms  in  order  to  participate  in
Union  structural  programmes  after  membership.

4.  Programming

The PHARE allocation for the period 1995 to 1997 has totalled ECU 526 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  Poland  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 on
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
Poland  in  meeting  the  objectives  set  out  in  this  partnership.