1999/853/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Slovak Republic
Date: 1999-12-06
Institutions: Council of the European Union
Subjects: Slovakia, accession to the European Union, aid system, cooperation policy

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COUNCIL DECISION

of 6 December 1999

on the principles, priorities, intermediate objectives and conditions contained in the Accession
Partnership with the Slovak Republic

(1999/853/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

(6)

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

for membership and identified a number of priority
areas for further work;

in order to prepare for membership, the Slovak Republic
should update its national programme for the adoption
of the acquis; this programme should set out a timetable
for achieving the priorities and intermediate objectives
established in the Accession Partnership,

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Whereas:

(1)

(2)

(3)

(4)

(5)

the Luxembourg European Council
the
Accession Partnership is a new instrument and the key
feature of the enhanced pre-accession strategy;

stated that

Regulation (EC) No 622/98 sets out that the Council is
to decide, by a qualified majority and following a
proposal from the Commission, on the principles, prior-
ities, intermediate objectives and conditions contained in
the individual Accession Partnerships, as
they are
submitted to each applicant State, as well as on subse-
quent significant adjustments applicable to them;

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

lacking,

is

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

the 1999 Commission's Regular Report presented an
objective analysis on the Slovak Republic's preparations

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 Slovak Republic
are set out in the Annex hereto, which forms an integral part
of this Decision.

Article 2

The implementation of
the Accession Partnership shall be
examined in the Europe Agreement bodies and by the appro-
priate Council bodies to which the Commission shall report
regularly.

Article 3

This Decision shall take effect on the third day following that
of its publication in the Official Journal of the European Communi-
ties.

Done at Brussels, 6 December 1999.

For the Council

The President

T. HALONEN

(1) OJ L 85, 20.3.1999, p. 1.

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ANNEX

SLOVAKIA: 1999 ACCESSION PARTNERSHIP

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 1999 Regular Report on the progress made by Slovakia towards membership of the
European Union, the financial means available to help Slovakia implement these priorities and the conditions which
will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which
will be used to help the candidate States in their preparations for membership. These include, inter alia, the revised
National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy
priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans
necessary for the participation in Structural Funds after membership and for the implementation of ISPA and Sapard
before accession. Each of these instruments is different in nature and is prepared and implemented according to
specific procedures. They are not 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 State relate to their ability to take on the obligations of meeting
the Copenhagen criteria which state that membership requires:

— that the candidate State 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 States to adjust their adminis-
trative 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 Regular Reports have highlighted the extent of the efforts which still have to be made in certain
areas by the candidate States to prepare for accession. This situation requires the definition of intermediate stages in
terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned,
the achievement of which will condition the degree of assistance the progress of the negotiations under way with
some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the
revised Accession Partnerships ate again 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 Slovakia can complete or take them
substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more
than one year to complete although work should, wherever possible, also begin on them during 2000. The progress
made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This
assessment has been used in formulating the priorities for the current partnership.

Slovakia submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 28 May
1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession
Partnership, as well as necessary administrative structures and financial resources.

The Accession Partnership indicates the priority areas for Slovakia's membership preparations. Slovakia will never-
theless have to address all issues identified in the Regular Report. It is also important that Slovakia fulfils the
commitments of legislative approximation and implementation of the acquis in accordance with the commitments
made under the Europe Agreement, the screening exercise and the negotiation process. It should be recalled that
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 Regular Report, the following short and medium term priorities and
intermediate objectives have been identified for Slovakia.

3.1. Short-term (2000)

Political criteria:

— improve the situation of the Roma through strengthened implementation including provision for the necessary
financial support at national and local levels, of measures aimed, notably, at fighting against discrimination
(including within the public administration), foster employment opportunities and increase access to education;
provide adequate financial support.

Economic criteria:

— restore macroeconomic stability,

— promote competitiveness through market-driven enterprise restructuring, particularly in energy-intensive heavy
industries, supported by transparent financial sector reform, including privatisation of three major banks and one
insurance company, and bad-debt recovery mechanisms,

— take measures to stimulate domestic and foreign investment, including in small and medium-sized enterprises, in

particular through simplification of legal and administrative procedures,

— improve bankruptcy procedures and streamline their implementation.

Internal market:

— public procurement: set up a public procurement office; establish surveillance, oversight and complaint pro-

cedures,

— intellectual and industrial property rights: align and enforce trademark, copyright and neighbouring rights
legislation; reinforce administrative capacity and the fight against counterfeiting especially by strengthening
border controls,

— free movement of goods: implement the law on technical requirements of product and conformity assessment;
start alignment with new approach directives; continue alignment in the sectors covered by product-specific
legislation; adopt basic legislation in the chemical sector; accelerate the adoption of European Union standards;
set up independent standardisation and accreditation structures,

— free movement of capital: align laws on direct investment in those areas still restricted and progressively relax

restrictions on institutional

investors,

— financial services: strengthen and coordinate the supervisory institutions and procedures,

— competition:

implement new State aid law; provide adequate resources for State aid monitoring authority;

complete preparation of State aid inventory; continue annual State aid reports,

— telecommunications: adopt telecommunications law and establish an independent national regulatory authority;

complete separation of regulatory and ownership functions,

— audiovisual: complete alignment of legislation,

— taxation: align the taxable scope and excise duty rate level for mineral oils and the scope of the application of the
reduced VAT rate; develop a timetable for further legislative alignment excise duties; ensure that new tax
measures comply with the principles of the code of conduct for business taxation,

— Customs: strengthen border control.

Agriculture:

— continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, in par-

ticular at the future external borders,

— establish a vineyard register.

Energy:

— prepare a decommissioning plan to implement the government decision to close the Bohunice V1 nuclear

reactors,

— implement an energy strategy with particular attention to energy efficiency, revise energy demand forecasts on

the basis of more realistic growth and energy intensity scenarios,

— continue to ensure high levels of nuclear safety at the Bohunice V2 and Mochovce nuclear power plants.

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Employment and social affairs:

— enforce occupational safety and health legislation,

— support social partners' capacity-building efforts to develop and implement the acquis, notably through bipartite

social dialogue,

— prepare a national employment strategy with a view to later participation in the European Employment Strategy,

including through the launch of a joint employment review.

Environment:

— develop a comprehensive and realistic approximation strategy,

— accelerate the transposition and enforcement of framework legislation in the areas of water quality, waste

management,

integrated pollution prevention control, nature protection and air quality,

— develop a plan for financing investments based on directive specific implementation programmes, estimations of
costs of alignment and realistic sources of public and private finance year-by-year in particular for the water
sector, air sector, waste management and industrial pollution control,

— complete transposition and enforce the environmental

impact assessment directive.

Justice and home affairs:

— improve the fight against organised crime and illegal migration (in particular through introduction of visa

stickers), to enable full participation in the Schengen Information System,

— ratify the European Convention on money laundering, the European criminal law convention on corruption and

the OECD Convention on bribery,

— align the Penal Code to the acquis in the area of fight against organised crime and fraud,

— improve asylum legislation (in particular abolition of the 24 hour deadline) and establish an independent body as

the second instance in an asylum procedure,

— ratify the European convention on money laundering and strengthen capacity to deal with money laundering.

Reinforcement of administrative and judicial capacity,

including the management and control of European Union funds:

— adopt civil service law and start implementation of the public administration reform strategy,

— Phare (1), ISPA (2) and Sapard (3): further develop the National Development Plan and the Rural Development
Plan; adopt the legal, administrative and budgetary framework (audit manual and audit trail) to programme and
manage ISPA and Sapard,
impact assessments and European
Union-compatible public procurement rules for projects co-financed by Community Funds and the establishment
of a functioning paying agency for Sapard,

including the introduction of environmental

— complete the legislative framework for internal and external financial control; set up a central organisation within
the government for harmonising internal audit/control functions; set up internal audit/control units in spending
centres,

— introduce ‘functional independence’ for national internal controllers/auditors at both central and decentralised

levels and ‘ex ante’ financial control,

— strengthen the independence of the judiciary, in particular amend the constitution with regard to the appoint-

ment of and a probationary system for judges.

3.2. Medium-term

Political criteria:

— continue implementation of the minority language legislation and protect the use of minority languages in the

fields of education, culture and the media including the adoption of any necessary legislation,

— strengthen policies and budgetary means, at national and local level, to continue improving the situation of the
Roma (notably through the fight against discrimination and increased access to education and employment).

(1) Phare = Action plan for coordinated aid to Poland and Hungary.
(2) ISPA = Instrument for Structural Policies for Pre-Accession.
(3) Sapard = Special Accession Programme for Agriculture and Rural Development.

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Economic criteria:

— promote competitiveness of the private sector,

including small- and medium-sized enterprises,

— complete the privatisation process,

— deregulate remaining administered prices and rents,

— establish an annual fiscal surveillance procedure aimed at bringing the reporting, monitoring and control of

public finances, specifically fiscal positions,

in line with European Union procedures,

— continue reform of social security financing.

Internal market:

— data protection: complete alignment,

— free movement of goods: complete the adoption of EN standards; complete the alignment of sectoral legislation;
upgrade to European Union level all surveillance and conformity assessment structures as well as other
implementing structures in sectors covered by product specific legislation,

— free movement of capital: align laws on the acquisition by European Union nationals of real estate,

— free movement of services: complete alignment of and implement directives on banking, insurance, investment

services and securities markets,

— free movement of persons: complete alignment of mutual recognition of diplomas,

— competition: complete legislative alignment; reinforce the anti-trust and State aid authorities and procedures;

improve transparency, flow of data, and coordination and training between all

levels of administration,

— Telecommunications: strengthen independent national regulatory authority,

— Taxation: full alignment of the tax acquis including the Community's transitional VAT regime review existing
laws and ensure compatibility with the code of conduct for business taxation; strengthen administrative capacity
and control procedures including administrative cooperation and mutual assistance,

— Consumer protection: continue alignment; strengthen market surveillance and enforcement authorities,

— Customs: reinforce the customs administration, in particular by increasing the handling capacity of customs

border posts and with respect to applying excise duties.

Agriculture:

— reinforce common agricultural policy management mechanisms and administrative structures (monitor agricul-
tural markets and implement structural and rural development measures, set up bodies and control mechanisms),

— continue restructuring of the agrifood sector; reinforce the food control administration,

— complete system of animal

implement quality control system (hazard analysis critical control
point), animal waste treatment, modernisation of meat and dairy plants residue and zoonosis control
programmes; complete inspection systems on future external borders.

identification;

Energy:

— further improve energy efficiency,

— prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy

prices to cost levels and the establishment of a regulator),

— align oil stock requirements,

— complete safety upgrading programmes at the Bohunice V2 and Mochovce nuclear power plants,

— prepare and implement overall planning and licensing work for the decomissioning of the Bohunice V1 nuclear

power plant,

— strengthen regulatory structures for nuclear safety and radiation protection.

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Transport:

— align road transport (market access, safety rules, rules for dangerous goods and taxation), aviation (particularly air

safety and air traffic management) rail and inland waterways (technical requirements for vessels).

Employment and social affairs:

— transpose and implement European Union legislation in the field of occupational health and safety (including the
framework directive), labour law, equal treatment of women and men, and public health; reinforce the related
administrative structures and those required for the coordination of social security,

— establish an independent guarantee fund for employees in the case of employer's insolvency.

Economic and social cohesion:

— develop national policy for economic and social cohesion; prepare for the implementation of regional develop-
ment programmes and Community initiatives; improve administrative structures and clarify responsibilities for
regional policy issues; organise the budgetary system and procedures according to Structural Funds standards,
including appraisal and evaluation.

Environment:

— continue and finalise transposition and implementation of framework legislation, as well as other remaining

sectoral

legislation,

— reinforce monitoring and implementation control capacities at the Ministry, regional and district levels, reinforce

the environmental

inspectorate,

— integrate sustainable development principles into the definition and implementation of all other sectoral policies.

Justice and home affairs:

— upgrade law enforcement bodies and the judiciary (staff numbers, training and equipment), in particular in border
control and illegal immigration to enable full participation in the Schengen Information System; continue the
fight against organised crime, trafficking in women and children, drug trafficking and corruption; ensure better
coordination between law enforcement bodies,

— continue progressive alignment of visa legislation and practice with that of the European Union.

Reinforcement of administrative and judicial capacity including the management and control of European Union funds:

— strengthen the Supreme Audit Office, financial control and internal audit functions through the provision of

adequate staff, training and equipment,

— strengthen statistical capacities.

4.

PROGRAMMING

The Phare allocation for the period 1995 to 1999 has totalled EUR 251 million. Following the agreement of the
European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period
2000 to 2006 will also comprise support for pre-accession measures for agriculture and rural development through
the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87) and a
structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give
priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations,
Slovakia can also fund part of its participation in Community programmes including in the Fifth Research and
Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition Slovakia will have access
to funding from multi-State programmes directly related to the acquis. Joint financing by the applicant States is
systematically required for all investment projects. Since 1998 the Commission has worked with the European
Investment Bank and international financial institutions, in particular the European Bank for Reconstruction and
Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession
priorities.

5.

CONDITIONALITY

Community assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is
conditional on respect by Slovakia of its commitments under the Europe Agreement, further steps towards satisfying
the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in
2000. 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 is monitored in the framework of the Europe Agreement. As
underlined by the European Council in Luxembourg it is important that the institutions of the Europe Agreement
continue to be the framework within which the adoption of the acquis can be examined, in accordance with the
same procedures,
irrespective of whether or not negotiations have been opened. The relevant sections of the
Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall
developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific
issues referred to it from the subcommittees.

The Phare Management Committee ensures that financing decisions under all three pre-accessions instruments,
Phare, ISPA and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in
the Coordinating Regulation (Council Regulation (EC) No 1266/1999, (OJ L 161, 26.6.1999, p. 68)).

The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC)
No 622/98.