98/261/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with Romania
Date: 1998-03-30
Institutions: Council of the European Union
Subjects: EU programme, Romania, 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  Romania

(98/261/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,

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

Whereas,  in  order  to  prepare  for  membership,  Romania
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:

Having  regard  to  the  proposal  from  the  Commission,

Article  1

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.

In  accordance  with  Article  2  of  Regulation  (EC)  No
622/98,  the  principles,  priorities,  intermediate  objectives
and conditions contained in the accession partnership for
Romania 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

ROMANIA

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

Romania  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.

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The accession partnership will indicate that Romania 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.

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  Romania.

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;  make  satisfactory  progress  on  the  government’s  economic  reform
programme,  including  the  privatisation  of  two  banks,  the  transformation  into  commercial  companies  of
most  re´gies autonomes,  the  efficient  and  transparent  implementation  of  the  foreign  investment  regime,  and
restructuring/privatisation of a number of large State-owned industrial (e.g. coal and steel) and agricultural
companies  (notably  by  reducing  their  losses  and  financial  arrears);  continue  the  implementation  of  the
agreements  with  the  international  financial  institutions.

Reinforcement  of  institutional  and  administrative  capacity:  adoption  of  draft  law  on  the  civil  service  and
progress  in  public  administration  reform,  phytosanitary  and  veterinary  controls,  particularly  as  regards
facilities  at  the  external  borders,  the  financial  sector  (strengthening  of  supervisory  bodies  of  banking,
financial services and capital markets), customs; strengthening of financial control and auditing mechanisms
and  competition,  anti-trust  and  State  aid  monitoring  bodies  and  environment,  begin  to  set  up  structures
needed  for  regional  and  structural  policy.

Internal market: including the restructuring of the banking sector and the capital markets, the completion of
company  law  reform,  including  measures  for  the  promotion  of  enterprise  development  and  small  and
medium-sized  enterprises  (SMEs),  foreign  direct  investment,  harmonisation  and  improved  application  of
indirect taxation, harmonisation of public procurement, adoption of a law on State aid and a first State aid
inventory.  Establishment  of  standardisation  and  conformity  assessment  structures.

Justice  and  home  affairs:  in  particular  further  efforts  to  implement  measures  to  combat  corruption  and
organised  crime  and  improve  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:  continuation  of  child  protection  reform,  further  efforts  to  integrate  the  Roma,
consolidation  of  protection  of  individual  liberties  and  improvement  of  the  functioning  of  the  courts.

Economic  reform:  particular  attention  should  be  devoted  to  creating  the  basis  for  a  sustained  increase  of
productivity  and  to  the  further  restructuring/privatisation  of  State-owned  enterprises,  including  banks.

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 Romania 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:  in  particular  of  a  comprehensive  public
administration  reform  programme;  major  efforts  to  improve  public  administration  including  competition,
strengthening  of  internal  financial  control;  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),  reform  of  customs  and  tax  administrations  to  ensure  readiness  to  apply  the  acquis,  the
reinforcement  of  food  control  administration,  strengthening  of  the  nuclear  regulatory  authority.

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Internal  market:  promotion  of  enterprise  development,  including  SMEs,  alignment  with  the  acquis  in  the
fields  of  telecommunications,  consumer  protection,  the  internal  energy  market  and  audiovisual  policies,
enforcement of intellectual property rights, insurance, competition policy, in particular effective enforcement
of competition law, reinforcement of standardisation of conformity assessment structures, establishment of a
market  surveillance  system  and  alignment  of  technical  legislation  on  industrial  products.

Justice  and  home  affairs:  improvement  of  border  management  systems,  capacity  to  handle  asylum  and
migration  questions,  alignment  of  visa  policy  with  that  of  the  Union  and  completion  of  alignment  on
international  conventions,  fight  against  organised  crime  (in  particular  money  laundering,  drugs  and
trafficking  in  human  beings)  and  corruption,  notably  in  view  of  the  Schengen  aquis.

Agriculture: including the establishment of a land register and functioning land market, 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  maritime,  rail  and  road  freight
sectors (safety rules and taxation), 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;  development  of
adequate  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  the  air  and  water  sectors.  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:  complete  establishment  of  legal  basis,  development  of  administrative
structures  and  budgetary  procedures.  Strengthening  financial  instruments  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 284 million. Subject to the approval
of the PHARE budget for the remaining period, the Commission will confirm the allocations for 1998 and
1999.  In  addition,  Romania  is  eligible  for  support  from  the  catch-up  facility  envisaged  for  1998.  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  Romania  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  Romania  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
Romania  in  meeting  the  objectives  set  out  in  this  partnership.