2002/88/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Latvia
Date: 2002-01-28
Institutions: Council of the European Union
Subjects: EU aid, Latvia, accession to the European Union, cooperation policy, enlargement of the Union

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COUNCIL DECISION

of 28 January 2002

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

(2002/88/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 States in the
framework of the pre-accession strategy, and in particular on
and in
the
particular to Article 2 thereof,

establishment of Accession Partnerships (1),

Having regard to the proposal from the Commission,

Whereas:

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
from the Commission, on the principles,
proposal
conditions
priorities,
contained in the individual Accession Partnerships, as
they are submitted to each applicant State, as well as on
subsequent significant adjustments applicable to them.

intermediate

objectives

and

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
the
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

(6)

(7)

In order to prepare for membership, Latvia 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.

Latvia needs to ensure that the appropriate legal and
administrative structures needed for the programming,
coordination, management, control and evaluation of
Community pre-accession funds are in place,

HAS DECIDED AS FOLLOWS:

Article 1

In accordance with Article 2 of Regulation (EC) No 622/98,
the principles, priorities, intermediate objectives and conditions
in the Accession Partnership for Latvia 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
appropriate Council bodies to which the Commission shall
report regularly.

Article 3

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

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

Done at Brussels, 28 January 2002.

report presents an
The 2001 Commission’s
objective
for
on
membership and identifies a number of priority areas
for further work.

regular
Latvia’s

preparations

analysis

For the Council

The President

J. PIQU(cid:201) I CAMPS

(1)

(2)

(3)

(4)

(5)

(1) OJ L 85, 20.3.1998, p. 1.

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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 all 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 Latvia 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 Latvia. The present revision is based on a proposal by the Commission following
consultation with Latvia, and draws on the analysis of the Commission’s 2001 regular report on progress made by
Latvia 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 Latvia towards membership of the
Union, the financial means available to help Latvia 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 pre-accession fiscal surveillance
procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the
the rural development plans, a national employment strategy in line with the
national development plans,
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
the priorities they contain will be
compatible with it.

the acquis prepared by Latvia,

this Partnership but

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:

(cid:151) that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human

rights and respect for and protection of minorities,

(cid:151) the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and

market forces within the Union,

(cid:151) 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 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

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and the progress of
the negotiations under way with Latvia. The priorities listed in the revised Accession
Partnership have been selected on the basis that it is realistic to expect that Latvia can complete or take them
substantially forward over the next two years (2002 to 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.

Latvia submitted an updated version of its national programme for the adoption of the acquis (NPAA) in July 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.

issues identified in the 2001 regular report.

The Accession Partnership indicates the priority areas for Latvia’s membership preparations. Latvia will nevertheless
that Latvia fulfils the
have to address all
commitments of
in accordance with the
commitments made under the Europe Agreement, and in the context of 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.

legislative approximation and the implementation of

is also important
the acquis

It

Drawing on the analysis of the Commission’s regular report, the following priorities and intermediate objectives
have been identified for Latvia. These priorities are presented in accordance with the structure of the regular
report (1).

Political criteria

D e m o c r a c y a n d t h e r u l e o f l a w

(cid:151) accelerate efforts to develop a professional and stable civil service at all levels of the public administration,
including a sound remuneration system. Ensure minimum staffing levels, training, and adequate financial
resources at all levels of the public administration with a view to strengthening the capacity to implement the
acquis,

(cid:151) continue to strengthen the judicial system,

framework (law on criminal
procedure and law on administrative procedure), alleviation of courts’ workload, elimination of backlog of
pending court cases and ensuring the enforcement of court decisions. Strengthen training and increase
remuneration of judges. Improve the infrastructure, including court buildings, to ensure the due functioning of
the courts. Promote access to justice,

including completion of

legal

(cid:151) complete the legal framework for the fight against all types of corruption and ensure implementation of

legislation, as well as the anti-corruption strategy. Improve interagency and international cooperation.

H u m a n r i g h t s a n d t h e p r o t e c t i o n o f m i n o r i t i e s

(cid:151) address the issue of pre-trial detention,

(cid:151) ensure implementation of the language law and its implementing regulations in line with the principle of

proportionality, international standards, and the Europe Agreement,

(cid:151) continue to implement further concrete measures for the integration of non-citizens, on the basis of the
including language training and information

national programme (cid:145)The integration of society in Latvia(cid:146),
campaigns, and provide the necessary financial support.

(1) The order of presentation is that used as from the 2000 regular reports.

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Economic criteria

(cid:151) complete privatisation of the remaining large enterprises,

(cid:151) continue to strengthen land market and finalise the land and property register,

(cid:151) further promote competitiveness, notably through measures aimed at stimulating domestic and inward

investment in growth-generating activities,

(cid:151) improve business environment,

in particular

through the removal of

the remaining regulatory and

administrative constraints to enterprise developments.

Ability to assume the obligations of membership

F r e e m o v e m e n t o f g o o d s

(cid:151) complete alignment of public procurement legislation and ensure implementation at all levels,

(cid:151) complete the process of transposition and implementation of all (cid:145)New approach(cid:146) and sectoral legislation with
fertilisers, and the renewal of existing marketing

in particular as concerns food legislation,

the acquis;
authorisations for pharmaceuticals,

(cid:151) proceed with screening of Latvian legislation in the non-harmonised area to ensure it is in compliance with
Articles 28, 29 and 30 of the Treaty and complete administrative arrangements for the future monitoring in
this area,

(cid:151) reinforce national accreditation system; upgrade the national metrology system; complete the reform of the
market surveillance system; designate the appropriate bodies regarding notification procedure and ensure their
functioning,

(cid:151) complete adoption of EN standards.

F r e e m o v e m e n t o f p e r s o n s

(cid:151) complete alignment of mutual recognition of professional qualifications and diplomas and further develop

required administrative structures, education and training programmes,

(cid:151) with respect

to professional qualifications obtained before harmonisation, Latvia should give priority to
introducing measures to ensure that all its professionals can, from accession, meet the requirements laid down
by the directives,

(cid:151) reinforce the administrative structures for the coordination of social security.

F r e e d o m t o p r o v i d e s e r v i c e s

(cid:151) continue to reinforce supervision of financial services,

(cid:151) complete alignment of data protection legislation; ensure independence of supervisory body.

F r e e m o v e m e n t o f c a p i t a l

(cid:151) ensure compliance with the recommendations of the financial action task force,

(cid:151) complete alignment of legislation with second Directive against money laundering.

C o m p a n y l a w

(cid:151) in need of particularly urgent action: strengthen enforcement of intellectual and industrial property rights, in
particular in police and customs, and improve cooperation among them. Increase efforts to fight against piracy
and counterfeiting; intensify training for enforcement bodies including judges and prosecutors,

(cid:151) in need of particularly urgent action: implement the commercial code.

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C o m p e t i t i o n

(cid:151) ensure the enforcement of competition and State aid rules, including the strengthening of the Competition
Council and Bureau, as well as the Secretariat of the State Aid Surveillance Commission. Increase awareness of
the
judiciary on
competition-related matters.

among all market participants

and aid granters. Ensure

training of

rules

the

A g r i c u l t u r e

(cid:151) upgrade the capacity of the 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 and the paying agency, as well as for the implementation and
enforcement of veterinary and phytosanitary and food safety legislation,

(cid:151) reinforce the administrative structures needed for the design,

implementation, management, monitoring,

control and evaluation of Community-funded rural development programmes,

(cid:151) continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements,

in

particular at the future external borders,

(cid:151) continue restructuring of the agri-food sector,
plants to meet Community food safety standards,

including modernisation of meat, dairy and fish processing

(cid:151) complete transposition of legislation on transmissible spongiform encephalopathies, plant passports, maximum
including testing of animal

residue levels, animal nutrition and ensure implementation and enforcement,
diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis.

F i s h e r i e s

(cid:151) complete the establishment of adequate administrative structures and equipment at central and regional level
that can ensure the implementation of the common fisheries policy,
including management of resources,
inspection and control of fishing activities, the market policy, structural programmes co-financed by the
Financial Instrument for Fisheries Guidance, a fishing vessel register and a management plan for the fleet
capacity in accordance with available resources.

T r a n s p o r t p o l i c y

(cid:151) continue legal alignment and reinforce administrative capacity in road transport

(particularly on social
legislation including requirements for access to profession,
fiscal harmonisation and technical and safety
standards), railway transport (with a view to the implementation of the revised railway acquis), and air
transport (in particular the legal status of the independent aviation accident investigation authority),

(cid:151) continue to align and implement maritime transport legislation, taking into account its latest developments,

(cid:151) in need of particularly urgent action: strengthen the administrative capacity in the field of maritime transport

safety in order to improve the flag State performance of the Latvian fleet.

T a x a t i o n

(cid:151) complete legislative alignment with particular attention to VAT (including the transitional VAT regime) and

excise tax legislation, especially as regards VAT exemptions,

(cid:151) ensure that existing and future legislation complies with the principles of the code of conduct for business

taxation,

(cid:151) strengthen the administrative capacity and control procedures as well as
cooperation and mutual assistance in order to be able to implement the acquis,

improve the administrative

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(cid:151) 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,

(cid:151) implement the Holding and Movements Directive.

S t a t i s t i c s

(cid:151) further improve quality and coverage of statistics; ensure adequate resources are available to further strengthen

statistical capacities, including at regional level.

S o c i a l p o l i c y a n d e m p l o y m e n t

(cid:151) complete transposition and ensure implementation of the social acquis in the fields of labour law, health and
safety at work and equal
for women and men. Strengthen the related administrative and
enforcement structures, including the labour inspectorates and establish an independent guarantee fund for
employees in the case of employer’s insolvency. Adopt
legislation against discrimination and develop a
timetable for its implementation,

treatment

(cid:151) complete transposition and ensure implementation of the acquis in the field of public health, and further
develop measures in the area of surveillance and control of communicable diseases and of health monitoring
and information,

(cid:151) continue to support social partners’ capacity-building efforts in particular with a view to their future in the
development and implementation of Community employment and social policy, including the European Social
Fund, notably through autonomous bipartite social dialogue,

(cid:151) prepare a national strategy, including data collection, with a view to future participation in the European

strategy on social inclusion.

E n e r g y

(cid:151) prepare for the internal energy market, notably the electricity and gas Directives: accelerate the completion of
alignment with the acquis, in particular as regards the restructuring process of the electricity utility; establish an
independent transmission system operator (electricity); eliminate price distortions; strengthen the regulator,

(cid:151) continue alignment of oil stock requirements; make progress in ensuring the actual constitution of stocks,
including the necessary investments, towards the level of 90 days and develop an administrative structure,

(cid:151) improve energy efficiency, enhance the use of renewable energy and strengthen the relevant institutions in this

area,

(cid:151) implement the recommendations contained in the Council report (cid:145)Nuclear safety in the context of enlargement(cid:146)

with due regard to the priorities assigned in the report.

T e l e c o m m u n i c a t i o n s a n d i n f o r m a t i o n t e c h n o l o g i e s

(cid:151) ensure alignment with the telecommunications acquis and its enforcement,

including liberalisation of the

telecommunication market; ensure the independence of the regulator,

(cid:151) continue alignment and ensure implementation of postal legislation.

C u l t u r e a n d a u d i o v i s u a l p o l i c y

(cid:151) continue to strengthen the capabilities of the independent television/radio regulatory authority.

R e g i o n a l p o l i c y a n d c o o r d i n a t i o n o f s t r u c t u r a l i n s t r u m e n t s

(cid:151) complete legal and administrative framework which allows for the implementation of the acquis in this area, in

particular with regard to financial management and control,

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(cid:151) define the bodies in charge of the implementation of Structural Funds and the Cohesion Fund, in particular the
managing and paying authorities; define the tasks to be performed by line ministries and other bodies on
behalf and under the responsibility of the managing authority,

(cid:151) prepare a Single Programming Document in line with the Structural Funds Regulations,

including ex ante

evaluation,

(cid:151) ensure that the designated managing and paying authorities will progressively build up their capacity in order
to be able, on accession, to fulfil their responsibilities and deliver the tasks assigned to each of them according
to the Structural Funds Regulations,

(cid:151) ensure effective interministerial coordination and appropriate partnership with a view to both programming

and implementation,

(cid:151) set up evaluation and monitoring systems,

(cid:151) develop the technical preparation of projects eligible for Structural and Cohesion Funds assistance (project

pipeline).

E n v i r o n m e n t

(cid:151) complete transposition of the acquis, with special emphasis on access to environmental information, waste

management and chemicals,

(cid:151) continue implementation of the acquis, in particular as regards waste management (in particular packaging and
including PCBs/PCTs, waste oils, accumulators and batteries), water
packaging waste and hazardous waste,
quality (in particular urban waste water, microbiological parameters of drinking water, establishment of
pollution reduction programmes for List II substances, designation of vulnerable zones under the nitrates
Directive) and chemicals,

(cid:151) continue strengthening the administrative capacity at all levels, in particular regional and local levels. Special

emphasis should be put on nature protection,

(cid:151) continue integration of environmental protection requirements into the definition and implementation of all

other sectoral policies with a view to promoting sustainable development.

C o n s u m e r s a n d h e a l t h p r o t e c t i o n

(cid:151) ensure the effectiveness of administrative structures involved in market surveillance.

C o o p e r a t i o n i n t h e f i e l d o f J u s t i c e a n d H o m e A f f a i r s

(cid:151) ensure implementation of the Schengen action plan,

(cid:151) strengthen law enforcement bodies and cooperation among them, including the judiciary, in the fight against
organised crime, in particular concerning money laundering, cyber crimes, trafficking in human beings and
drugs. Ensure that the prerequirements for the conclusion of a cooperation agreement with Europol are met,

(cid:151) update and implement the National Drugs Strategy and prepare for participation in the activities of the

European Monitoring Centre for Drugs and Drug Addiction,

(cid:151) continue alignment to the acquis and European practice on visas, migration, and asylum and strengthen the

administrative capacity of the institutions responsible in these areas,

(cid:151) continue preparation for future participation in the Schengen information system by developing national

databases and registers,

(cid:151) continue to strengthen controls at the future external border, including the establishment of an integrated sea

surveillance system,

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(cid:151) take the necessary steps to ensure implementation of Community instruments in the area of

judicial

cooperation in civil matters,

(cid:151) take the necessary steps to align legislation with the Convention on the Protection of the Communities’

Financial Interests and its Protocols.

C u s t o m s u n i o n

(cid:151) complete alignment of customs legislation and ensure implementation; reinforce administrative and operational

capacity. Continue efforts to implement the customs ethics policy,

(cid:151) in need of particularly urgent action: accelerate the implementation of the IT strategy of the Latvian customs
administration. Develop IT systems so as to allow for the exchange of electronic data between the Community
and Latvia.

E x t e r n a l r e l a t i o n s

(cid:151) 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.

F i n a n c i a l c o n t r o l

(cid:151) complete the legislative framework for public internal financial control,

(cid:151) develop and implement the concept of managerial accountability,

(cid:151) develop the concept of audit trails and prepare audit trails for Community funds,

(cid:151) accelerate alignment in the area of external audit,

in particular enhance the operational capacity and the

independence of the State Audit Office,

(cid:151) designate a contact point for the protection of the Communities’ financial

interests, and effectively start

cooperating with OLAF through this contact point,

(cid:151) strengthen the fight against fraud,

(cid:151) continue efforts to ensure the correct use, control, monitoring and evaluation of Community pre-accession

funding as a key indicator of Latvia’s ability to implement the financial control acquis.

5. Programming

in addition to PHARE,

financial assistance to Latvia comprises support

for
For the period 2000 to 2006,
through the pre-accession instrument Sapard
pre-accession measures for agriculture and rural development
(Council Regulation (EC) No 1268/1999, 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
1267/1999, 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, Latvia 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 Latvia will have access to funding from multicountry 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 Latvia 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.

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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 subcommittee. The Association
Committee discusses overall developments, progress and problems in meeting the Partnership’s priorities and
intermediate objectives as well as more specific issues referred to it from the subcommittees.

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 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.