Proposal for a Council Decision on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Poland
Date: 2001-11-13
Institutions: European Commission
Subjects: European Union, Poland, accession to the European Union, aid system, cooperation policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.11.2001
COM(2001) 659 final

Proposal for a

COUNCIL DECISION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

At its meeting in Luxembourg in December 1997, the European Council decided that the
Accession Partnership would be the key feature of the enhanced pre-accession strategy,
In
mobilising all forms of assistance to the candidate countries within a single framework.
this manner,
the Community targets its assistance towards the specific needs of each
candidate so as to provide support for overcoming particular problems with a view to
accession.

The first Accession Partnership for Poland was decided in March 1998.
In line with the
provisions laid down in Regulation (EC) No. 622/981 (article 2), the Partnership was updated
a first time in December 1999, taking into account further developments in Poland. Based on
the analysis of the Commission's 2001 Regular Report on progress made by Poland towards
accession, the Commission considers that the time has come for a further revision of the
priorities and intermediate objectives identified in the Accession Partnership. The present
proposal for such a revision draws on the findings of the Commission's 2001 Regular Report
on progress made by Poland towards accession.

The attached decision does not have financial implications.

In view of the above, the Commission invites the Council to adopt the attached decision.

1

OJ L 85, 20.3.1998, p. 1

2

Proposal for a

COUNCIL DECISION

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

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 States in the framework of the pre-accession strategy, and in particular on the
establishment of Accession Partnerships,2 and in particular to Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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

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, priorities,
intermediate objectives and conditions contained in the individual Accession
Partnerships, as they are submitted to each applicant State, as well as on subsequent
significant adjustments applicable to them;

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; 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;

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;

The 2001 Commission's Regular Report presents an objective analysis on Poland's
preparations for membership and identifies a number of priority areas for further work;

In order to prepare for membership, Poland should continue to 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;

2

OJ L 85, 20.3.1998, p. 1

3

(7)

Poland needs to ensure that the appropriate legal and administrative structures needed
for the programming, co-ordination, management, control and evaluation of EC pre-
accession funds are in place;

HAS DECIDED AS FOLLOWS:

Article 1

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

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

Article 2

Article 3

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

Done at Brussels,

For the Council
The President

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ANNEX

1.

INTRODUCTION

At its meeting in Luxembourg in December 1997, the European Council decided that the
Accession Partnership would be the key feature of the enhanced pre-accession strategy,
mobilising al forms of assistance to the candidate countries within a single framework. In this
manner, the Community targets its assistance towards the specific needs of each candidate so
as to provide support for overcoming particular problems with a view to accession.

The first Accession Partnership for Poland was decided in March 1998. As provided for in
Regulation (EC) No. 622/98 (article 2), the Accession Partnership was updated a first time in
December 1999, taking into account further developments in Poland. The present revision is
based on a proposal by the Commission following consultation with Poland, and draws on the
analysis of the Commission's 2001 Regular Report on progress made by Poland towards
accession.

2.

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 2001 Regular Reports on the progress made
by Poland towards membership of the Union, the financial means available to help Poland
implement
these priorities and the conditions which will apply to that assistance. The
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 updated National Programme for the Adoption of the Acquis prepared by Poland, the
pre-accession fiscal surveillance procedure, the Pre-accession Economic Programme, the Pre-
accession pact on organised crime as well as the National Development Plans, the Rural
Developments Plans, a national employment strategy in line with the European Employment
Strategy, and sectoral plans necessary for the participation in the 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 and may be supported by pre-accession aid. They are not an integral part of this
Partnership but the priorities they contain will be compatible with it.

3.

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.

5

At its meeting in Madrid in 1995, the European Council stressed the need for the candidate
States to adjust their administrative structures to ensure harmonious operation of Community
policies after accession and at Luxembourg, in 1997, 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. The Feira and Gothenburg European Councils in 2000 and 2001
respectively confirmed the vital importance of the applicant countries’ capacity to implement
and enforce the acquis, and added that this required important efforts by the applicants in
strengthening and reforming their administrative and judicial structures.

4.

PRIORITIES AND INTERMEDIATE OBJECTIVES

The Commission’s Regular Reports have highlighted, besides the progress already made, the
extent of the efforts which still have to be made in certain areas by 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 granted
and the progress of the negotiations under way with Poland. The priorities listed in the
revised Accession Partnership have been selected on the basis that it is realistic to expect that
Poland can complete or take them substantially forward over the next two years (2002 –
2003). Within this list, issues that require particularly urgent action have been highlighted as
such. The progress made in meeting the priorities of the 1999 Accession Partnership is
assessed in the 2001 Regular Report. This assessment has been used in formulating the
priorities for the current Partnership.

Poland submitted an updated version of its National programme for the Adoption of the
Acquis (NPAA) in June 2001. The NPAA sets out a timetable for achieving priorities and
intermediate objectives, based on the 1999 Accession Partnership, as well as necessary
administrative structures and financial resources.

The Accession Partnership indicates the priority areas for Poland’s membership preparations.
Poland will nevertheless have to address all issues identified in the 2001 Regular Report. It is
also important that Poland fulfils the commitments of legislative approximation and the
implementation of the acquis in accordance with the commitments made under the Europe
It should be recalled that
Agreement, and in the context of the negotiation process.
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 Regular Report, the following priorities and
intermediate objectives have been identified for Poland. These priorities are presented in
accordance with the structure of the Regular Report.3

Political criteria

Democracy and the rule of law

-

3

Improve the functioning of the judicial system by measures to upgrade recruitment,
training, logistical and clerical support; improve public access to the law; review degree of

The order of presentation is that used from the 2000 Regular Reports.

6

immunity in line with international standards; establish a national training standard for
magistrates.

- Continue to implement civil service legislation and establish permanent training capacity

for the civil service, in particular related to acquis issues.

-

Implement a comprehensive anti-corruption policy.

Economic criteria

- Maintain macroeconomic and budgetary stability.

- Make further progress on the institutional framework for the market economy and sound
economic policy management (in particular on issues relating to public expenditure
management and further fiscal decentralisation).

- Continue improving the competitiveness of the Polish economy and upgrading of skills in
particular in rural and eastern border regions, in particular through SME development and
human resources development measures.

- Make further progress on structural reforms,

labour markets and continuing the process of privatisation of State-owned firms,
particular in the energy sector and the remaining State-owned financial institutions.

including improving the functioning of
in

- Continue restructuring of the steel sector (e.g. by implementing measures as part of a
comprehensive sectoral programme for restoring viability, including control of State-aid
and appropriate reductions in capacity); complete restructuring of the coal sector.

- Restructure the Polish railways aiming at financial sustainability.

- Continue improving the functioning of the land market and complete development of

property register.

Ability to assume the obligations of membership

Free movement of goods

-

In need of particularly urgent action: adoption and implementation of secondary
legislation in the field of pharmaceuticals.

- Continue transposition of New Approach directives and adopted related European

standards.

- Adopt and implement the outstanding legislation on standardisation.

- Continue in parallel to the deletion of the pre-market approval system, the transposition
and implementation of legislation in the field of foodstuffs and the rationalisation and
reinforcement of the food control administration, as well as the training of inspectors and
food operators.

- Continue transposition and implementation of traditional sectoral legislation, notably in

the field of medical devices, chemicals and motor vehicles.

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- Establish well-functioning market surveillance system and ensure implementing structures

for all sectors.

- Adopt and implement a programme for the elimination of outstanding non-tariff market

access barriers.

- Abolish by end 2002 National Preference Clause for Public Procurement by introducing
access to award procedures in Poland for all Community companies. Implement SIMAP
(Public Market Information System).

-

Proceed with screening of legislation in the non-harmonised area to ensure that it is in
compliance with Articles 28-30 of
the EC Treaty and complete administrative
arrangements for the future monitoring in this area.

Free movement of persons

- Reinforce the administrative structures for the co-ordination of social security systems.

- Complete alignment of mutual recognition of professional qualifications and diplomas and

introduction of the administrative structures required.

- With respect to professional qualifications obtained before harmonisation, Poland should
its professionals can, from

give priority to introducing measures to ensure that all
accession, meet the requirements laid down by the directives.

Freedom to provide services

- Develop monitoring and regulatory bodies, in particular for financial services.

Free movement of capital

-

-

In need of particularly urgent action: amend the sectoral legislation restricting foreign
direct investments, abolish remaining restrictions.

Strengthen surveillance and regulatory bodies including the Financial Intelligence Unit.

- Liberalise progressively short-term capital movements.

- Ensure implementation of the recommendations of the Financial Action Task Force.

Company law

-

-

In need of particularly urgent action: implement Copyright and Neighbouring Rights
Law and amendments.

In need of particularly urgent action: Continue to upgrade intellectual and industrial
Property enforcement at administrative and judicial level; increase efforts to fight against
piracy and counterfeiting and intensify training for enforcement bodies including judges
and prosecutors; ensure better co-ordination among enforcement bodies.

- Take the necessary steps to ensure equal level of protection of industrial property rights

with regard to pharmaceuticals.

8

Competition policy

-

In need of particularly urgent action: improve transparency and flow of data especially
with regard to information on state aid so as to ensure a credible enforcement record.

- Adopt and implement programme for alignment of existing aid in special economic zones.

- Analyse in depth and realign with the obligations under the acquis state aid granted to the

sensitive sectors, in particular the automotive and steel industries.

- Reinforce the anti-trust and State aid authorities and procedures and ensure co-ordination

and training at all levels.

Ensure the enforcement of the anti-trust and State aid rules. Increase awareness of the
rules among all market participants and aid grantors. Intensify the training of the judiciary
in the specific fields of anti-trust and State aid.

Agriculture

-

In need of particularly urgent action: Upgrade the capacity of agricultural
administration and complete preparations for the enforcement and practical application of
the management mechanisms of the Common Agricultural Policy,
in particular the
Integrated Administration and Control System, the Paying Agency and preparation for
setting-up the milk quota management system.

- Reinforce the administrative structures needed for

implementation,
management, monitoring, control and evaluation of EC funded rural development
programmes.

the design,

-

In need of particularly urgent action: align and implement veterinary legislation and
food safety standards.

- Upgrade inspection arrangements in particular at the future external borders and continue
to implement the comprehensive development programme of phytosanitary and veterinary
administration border posts. Complete system of animal identification and registration.
Implement national laboratory plans for testing and diagnostic facilities, in particular the
national reference laboratory; ensure adequate education on disease surveillance and EC
animal health legislation at all levels.

- Continue the up grading of agri-food processing establishments so that they are in a
position to respect EC food safety standards and legislation. Implement food hygiene,
control system, animal waste treatment, modernise dairy farms, residue and zoonosis
control programmes.

Fisheries

- Complete the establishment of adequate administrative structures and equipment at central
and regional level that can ensure the implementation of the Common Fisheries Policy,
the
including management of resources,
inspection and control of fishing activities,
for
market policy, structural programmes co-financed by the Financial Instrument
Fisheries Guidance, a fishing vessel register and a management plan for the fleet capacity
in accordance with available fish resources.

9

-
Transport policy

- Continue legal alignment and reinforce administrative capacity in road transport (in
technical and safety standards, axle weight and
particular access to the profession,
(in particular ship reporting, maritime safety
dimensions) and maritime transport
standards and classification requirements); continue alignment and establish the necessary
administrative structures in air
traffic
management).

(in particular air safety and air

transport

- Continue legislative alignment and restructuring in the railways sector with a view to the
implementation of the revised railways acquis, devote particular attention to the setting-up
of an independent infrastructure manager and regulatory body.

Taxation

- Ensure legislative alignment with particular attention to VAT and excise duty rates,

including the transitional VAT regime.

- Eliminate discriminatory duties against imports from the EC

- Ensure that new tax measures and existing laws comply with the principles of the Code of

Conduct for business taxation.

-

-

Implement national strategy for the improvement of tax and revenue collection and
reinforce administrative capacity including control and enforcement procedures and
administrative co-operation and mutual assistance.

In need of particularly urgent action: Develop IT systems so as to allow for the
exchange of electronic data with the Community and its Member States.

Economic and Monetary Union

- Consolidate the independence of the National Bank of Poland.

Statistics

-

-

Further improve quality and coverage of statistics; ensure adequate resources are available
to further strengthen statistical capacities, including at regional level.

Further adapt and harmonise agricultural statistics and statistical systems.

Social policy and employment

- Complete alignment and ensure proper implementation of EC legislation in the fields of
labour law, equal treatment for women and men and health and safety at work. Strengthen
the related administrative and enforcement structures, including the labour inspectorates.
Adopt legislation against discrimination and develop a timetable for its implementation.

- Align the national system for surveillance and control of communicable diseases and

health monitoring and information with those of the EU.

- Continue to support social partners' capacity-building efforts, in particular with a view to
their future in the elaboration and implementation of EU employment and social policy,

10

including the European Social Fund, notably through autonomous bipartite social
dialogue.

-

Prepare a national strategy, including data collection, with a view to future participation in
the European strategy on social inclusion.

Energy

- Continue preparations for

electricity and gas directives,
consolidating the regulator).

the internal energy market

(complete the alignment of
including the elimination of price distortions and

- Continue the alignment of oil stock requirements in a non-discriminatory and transparent
manner, and make progress in ensuring the actual constitution of stocks, including the
necessary investments, towards the level of 90 days.

-

-

Step up the improvement of energy efficiency and the use of renewable energy sources
and strengthen the relevant institutions in this area.

Implement the recommendations contained in the Council report on “Nuclear Safety in the
Context of Enlargement” with due regard to the priorities assigned in the report.

Telecommunications and information technologies

-

In need of particularly urgent action: Complete alignment with the acquis and ensure
transparent and effective implementation.

- Consolidate national regulatory authority for telecommunications.

Culture and audio-visual policy

- Complete alignment of legislation and continue to strengthen the capabilities of the

independent television/radio regulatory authority.

Regional policy and co-ordination of structural instruments

– Establish National Development Plan and define the implementation structures of the final

plan.

– Define the bodies in charge of the implementation of Structural Funds and the Cohesion
Fund, in particular the Managing and Paying authorities; establish a clear division of
responsibilities.

– Ensure effective inter-ministerial co-ordination and clarify responsibilities for regional

policy issues.

– Set up the required monitoring and evaluation systems for Structural Funds, in particular
for ex-ante evaluation and for the collection and processing of the relevant statistical
information and indicators including regional statistics for the purposes of ex-ante
evaluation.

11

– Improve the budgetary system according to structural funds standards; establish financial
control arrangements for Structural Funds management, establish and properly staff future
managing and paying authorities for Structural Funds management.

– Develop the technical preparation of projects eligible for Structural and Cohesion Funds

assistance (project pipeline).

Environment

– Complete transposition of the acquis, with a special emphasis given to water quality (by
adopting the Act on Water and related ministerial regulations) and industrial pollution.

of monitoring

network), waste management

– Continue implementation of the acquis, in particular as regards air quality (including
improvement
full
implementation of the directive on waste and the hazardous waste directive, by drawing up
waste management plans and by improving the recovery and selection system), water
quality (by giving special emphasis to waste water treatment in agglomerations above
100000 (population equivalent), by establishing the inventory for discharges of dangerous
substances, by fully implementing the directives on drinking water, on quality of surface
water and on nitrates pollution from agricultural sources) and industrial pollution
(including the issuing of integrated permits under the IPPC directive).

achieving

(by

– Continue strengthening the administrative, monitoring and enforcement capacity at
national, regional and local level, with particular emphasis on permitting and planning and
the establishment of the institutional structures to implement directives in the filed of
chemicals (also accredited laboratories) as well as in the field of nature protection.

– Continue the integration of environmental protection requirements into the definition and
implementation of all other sectoral policies with a view to promoting sustainable
development.

Consumers and health protection

- Continue alignment of legislation, strengthen market surveillance and enforcement
including through a strengthening of consumer organisations and consumer awareness.

Co-operation in the field of justice and home affairs

- Ensure due implementation of the Schengen Action Plan.

- Continue preparation for future participation in the Schengen Information System by

developing national databases and registers.

- Continue efforts in upgrading the equipment at border crossing points, but also at the
green border and blue border and in particular at the future external border of the Union;
allocating adequate national budgetary and administrative resources; align visas.

- Ensure full co-operation between national and EU law enforcement agencies by providing
necessary administrative and logistical support; ensure the alignment of data protection
practices; align cross-border surveillance, ensure exclusively civilian co-ordinated crime
fighting services.

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- Adopt and implement a strategy to combat organised crime (from prevention to
prosecution); combat trafficking in human beings; adopt and implement a national anti-
drugs strategy; including the establishment of a National drugs Focal Point to co-operate
with the European Monitoring Centre on Drugs and Drug Abuse; effectively address
money-laundering and economic crime.

-

Improve the internal co-operation within the police, with other law enforcement agencies
and with the judiciary in particular to strengthen the fight against organised crime and
eliminate overlapping investigations.

- Take the necessary steps in order to ensure the implementation of the Community

instruments in the area of judicial co-operation in civil matters.

- Ensure that the pre-requirements to the conclusion of a co-operation agreement with

Europol are met.

- Take the necessary steps to complete alignment with the Convention on the Protection of

the Communities' Financial interests and its Protocols.

Customs Union

-

-

-

In need of particularly urgent action fully implement the Business Strategy for the
Customs Service on schedule, in particular the implementation of the IT strategy of the
Polish customs administration. Develop IT systems so as to allow for the exchange of
computerised data between the EC and Poland.

Strengthen integrated border management - including co-operation with the national
partner services and neighbouring countries to establish integrated joint working
procedures.

Implement
administration including regional levels.

the integrated tariff and the modernisation strategy for

the customs

- Ensure uniform application of the Customs code throughout the country.

- Complete alignment regarding simplified procedures; strengthen the administrative and
operational capacity of Polish customs (notably as regards border management and co-
ordination with other law enforcement bodies).

External relations

- Take the necessary measures to ensure that any international treaties or agreements
including bilateral investment treaties incompatible with the acquis are renegotiated or
terminated by accession.

Financial control

-

In need of particularly urgent action: complete Public Internal Financial Control policy
paper and relevant secondary legislation at national and regional level; set up a central
unit for co-ordination and harmonisation of the methodology for financial management
and control as well as for internal audit throughout the government; set up internal
audit/control units in spending centres.

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-

-

Introduce functional independence for internal auditors at both central and decentralised
levels through
levels. Strengthen public internal financial control functions at all
enhancement of the administrative capacity.

Strengthen the concept and practice of managerial accountability.

- Bring the activities of the Supreme Chamber of Control in line with international and EC

standards.

- Consolidate anti fraud unit.

- Continue efforts to ensure the correct use, control, monitoring and evaluation of EC pre-
accession funding as a key indicator of Poland's ability to implement the financial control
acquis.

5.

PROGRAMMING

For the period 2000-2006, in addition to Phare, financial assistance to Poland comprises
support for pre-accession measures for agriculture and rural development through the pre-
accession instrument SAPARD (Council Regulation (EC) No 1268/99, OJ L 161, 26.6.1999,
p.87); and support for infrastructure projects in the fields of environment and transport
through the structural instrument ISPA (Council Regulation (EC) No 1267/99, OJ L 161,
26.6.1999, p. 73), which gives priority to measures similar to the cohesion fund in the pre-
accession period. Under these national allocations, Poland can also fund part of its
participation in community programmes
including the Research and Technological
Development Framework Programmes and programmes in the areas of Education and
Enterprise. In addition Poland will have access to funding from multi-country and horizontal
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 the 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.

6.

CONDITIONALITY

Community assistance for financing projects through the three pre-accession instruments
Phare, ISPA and SAPARD is conditional on respect by Poland 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 revised 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.

7.

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 and implementation of the acquis can be examined. The relevant sections of the
Accession Partnership are discussed in the appropriate sub-committee. The Association
in meeting the
Committee discusses overall developments, progress and problems

14

Partnership’s priorities and intermediate objectives as well as more specific issues referred to
it from the sub-committees.

The PHARE Management Committee ensures that actions financed under all three pre-
accession instruments, PHARE, ISPA, and SAPARD, are compatible with each other as well
as with the Accession Partnerships as laid down in the Co-ordinating Regulation (Council
Regulation (EC) No 1266/99, 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.

15