98/267/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Czech Republic
Date: 1998-03-30
Institutions: Council of the European Union
Subjects: Czechia, EU programme, accession to the European Union, cooperation policy

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COUNCIL  DECISION

of  30  March  1998

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

(98/267/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.

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

Whereas,  in  order  to  prepare  for  membership,  the  Czech
Republic  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 
the  accession
partnership,

in 

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  Czech  Republic  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

CZECH  REPUBLIC

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

The  Czech  Republic  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  the  Czech  Republic  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  the  Czech
Republic.

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;  implementation  of  policies  to  maintain  both  internal  and  external
balance;  improvement  of  the  framework  for  corporate  governance,  in  particular  by  accelerating  the
restructuring  of  certain  industrial  sectors,  such  as  steel  as  well  as  of  banks,  by  implementing  the  laws
regulating  the  financial  sector  (banks  and  investment  companies),  and  by  enforcing  the  supervision  by  the
new  Securities  and  Exchange  Commission.

Reinforcement  of  institutional  and  administrative  capacity:  improving  capacity  in  banking  supervision
securities,  and  insurance  sectors,  internal  financial  control,  environment,  agriculture,  reinforcement  of
phytosanitary  and  veterinary  administrations  particularly  as  regards  facilities  at  external  borders,  begin  to
set  up  structures  needed  for  regional  and  structural  policy.

Internal  market:  including  in  the  areas  of  intellectual  property  rights  (legislation  and  enforcement)  and
certification  and  standardisation  (further  alignment  of  legislative  measures  and  conclusion  of  a  European
conformity  assessment  agreement),  amendment  of  anti-trust  law,  further  development  of  the  legislative
framework  for  State  aid  control  and  increased  transparency  through  submission  of  additional  State  aid
inventory.

Justice  and  home  affairs:  develop  of  effective  border  management.

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 work on the integration of the Roma. Strengthening of laws which guarantee press
freedom.  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  the  Czech  Republic  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:  continue  public  administration  modernisation
policy;  improve  operation  of  the  judicial  system,  training  for  the  judiciary  in  Community  law  and  its
application,  customs,  establishment  of  independent  bodies  for  supervision  of  data  protection  and  for
consumer protection; reinforcement of justice and home affairs institutions (ensuring sufficient and properly
trained personnel, in particular police, border guards, ministries and courts), strengthening of nuclear safety
authority, completion of alignment of financial control capacity, reform of customs and tax administrations
to  ensure  readiness  to  apply  the  acquis,  the  reinforcement  of  food  control  administration.

Internal  market:  including  alignment  of  public  procurement  legislation,  accounting  legislation,  data
protection,  financial  services,  indirect  taxation,  audiovisual,  consumer  protection,  further  development  of
standardisation and conformity assessment bodies and establishment and operation of a market surveillance
system,  technical  legislation  on  industrial  products,  strengthening  of  competition  authorities,  completion  of
alignment  and  effective  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:  development  of  effective  border  management  and  implementation  of  migration
policy  and  reforms  of  asylum  procedures  as  well  as  the  fight  against  drugs,  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, more effective operation of the
judiciary  and  law  enforcement,  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. 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.

Transport:  further  efforts  on  alignment  with  the  acquis  in  particular  on  road  transport  (market  access,
safety  rules  and  taxation)  and  rail  transport,  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  of  approximation  programmes  related  to  individual  legal  acts.  Particular
emphasis should be given to air, water and the waste sector. 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:  establishment  of  legal,  administrative  and  budgetary  framework  for  an
integrated  regional  policy  in  order  to  participate  in  Union  structural  programmes  after  membership.

4.  Programming

The PHARE allocation for the period 1995 to 1997 has totalled ECU 224 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  the  Czech  Republic  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.

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  the  Czech  Republic 
implementation  of  the  accession
partnership.

including 

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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 the
Czech  Republic  in  meeting  the  objectives  set  out  in  this  partnership.