2002/85/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Czech Republic
Date: 2002-01-28
Institutions: Council of the European Union
Subjects: Czechia, EU aid, 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 the Czech Republic

(2002/85/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,

(6)

(7)

In order to prepare for membership, the Czech Republic
should continue to update its national programme for
the adoption of the acquis. This programme should set
out
and
intermediate objectives established in the Accession
Partnership.

achieving the priorities

timetable

for

a

The Czech Republic needs
the
appropriate legal and administrative structures needed
for
coordination, management,
control and evaluation of Community pre-accession
funds are in place,

the programming,

to ensure

that

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,
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
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.

is lacking,

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.

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

regular

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

Article 2

the Accession Partnership shall be
The implementation of
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.

Done at Brussels, 28 January 2002.

For the Council

The President

J. PIQU(cid:201) I CAMPS

(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 the Czech Republic 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
further developments in the Czech Republic. The present revision is based on a proposal by the
account
Commission following consultation with the Czech Republic, and draws on the analysis of the Commission’s 2001
regular report on progress made by the Czech Republic 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 the Czech Republic towards
membership of the Union, the financial means available to help the Czech Republic implement these priorities and
the conditions which will apply to that assistance. The Accession Partnership 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 the Czech Republic,
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 development 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:

(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 the Czech Republic. The priorities listed in the revised
Accession Partnership have been selected on the basis that it is realistic to expect that the Czech Republic 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.

The Czech Republic submitted an updated version of its national programme for the adoption of the acquis (NPAA)
on 25 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 the Czech Republic’s membership preparations. The
Czech Republic will nevertheless have to address all issues identified in the 2001 regular report. It is also important
that the Czech Republic fulfils the commitments of legislative approximation and the implementation of the acquis
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.

Drawing on the analysis of the Commission’s regular report, the following priorities and intermediate objectives
have been identified for the Czech Republic. 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 r u l e o f l a w

(cid:151) in need of particularly urgent action: complete the reform of public administration at national

establishing a legal
professionalism; continue to strengthen training, including with regard to acquis-related issues,

framework which provides for stability,

level by
independence from undue influences and

(cid:151) complete the reform of the judiciary, taking account of legal, organisational, administrative, training and
budgetary aspects, with a view to ensuring effective application of the law, including Community legislation,
and ensuring independence of the judiciary,

(cid:151) pursue efforts to more effectively fight against corruption and economic crime.

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) ensure that an effective system for redressing police misconduct is established,

(cid:151) continue efforts, at national, regional and municipal level, to improve the condition of the Roma minority.
Efforts should address employment opportunities, access to education,
including appropriate measures to
integrate Roma children into mainstream schools, measures to fight discrimination in society and access to
implement tasks contained in the government policy for Roma integration of June
housing. In particular,
2000.

Economic criteria

(cid:151) in need of particularly urgent action:

implement a restructuring plan for the steel sector in line with

Community requirements and implement viability plans in the steel enterprises,

(cid:151) improve the business environment by: (i) improving the operation of the commercial register, (ii) improving
bankruptcy legislation and its implementation, and (iii) resolving the bad loan problem in a transparent and
economically efficient way,

(1) The order of presentation is that used in the 2000 regular report.

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(cid:151) complete privatisation in the enterprise sector and pursue the programme of liberalisation of utilities,

(cid:151) proceed in enterprise restructuring,

Consolidation Agency, and provide appropriate support
development,

in particular through the revitalisation programme and the Czech
to small and medium-sized enterprise (SME)

(cid:151) continue fiscal reforms, including health care and pension system financing reforms, with a view to ensuring

medium-term sustainability of public finances.

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 and effective implementation in the areas of foodstuffs; sectoral and horizontal legislation.
Complete implementation of remaining (cid:145)New approach(cid:146) Directives and the adoption of European standards,

(cid:151) ensure the effectiveness of

implementing structures, complete reinforcement of market surveillance and

conformity assessment. Set up a body for exchanging information and notification on technical requirements,

(cid:151) complete alignment and ensure transparency in the area of public procurement; abolish national preference
clause for public procurement by introducing access for all Community companies to award procedures in the
Czech Republic,

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

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

(cid:151) with respect to professional qualifications obtained before harmonisation, the Czech Republic 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) complete alignment of mutual recognition of professional qualifications and diplomas and further develop

required administrative structures, education and training programmes,

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

F r e e m o v e m e n t o f s e r v i c e s

(cid:151) complete alignment in the areas of insurance, data protection and information society legislation,

(cid:151) reinforce supervision of financial services,

(cid:151) ensure the effectiveness of the Office for Personal Data Protection.

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

(cid:151) continue efforts to abolish existing anonymous accounts,

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

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

C o m p a n y l a w

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

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C o m p e t i t i o n p o l i c y

(cid:151) ensure enforcement of the rules in antitrust and State aid fields (including the implementation of the regional
aid guidelines); improve transparency and flow of information especially with regard to State aid; increase
awareness of the rules amongst all market participants and aid granters; intensify the training of the judiciary
in the specific fields of antitrust and State aid.

A g r i c u l t u r e

(cid:151) upgrade the capacity of agricultural administration and complete preparations for the enforcement and
practical application of the management mechanisms of the common agricultural policy (CAP), in particular
market information systems (including price reporting), the integrated administration and control system, the
paying agency, the farm accountancy data network and carcase classification, 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) complete the system of animal identification; continue alignment with the veterinary and phytosanitary acquis
and upgrade inspection arrangements; continue the upgrading of food processing establishments, in particular
meat and dairy plants, so that they are in a position to respect Community food safety standards,

(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.

T r a n s p o r t

(cid:151) complete legislative alignment and strengthen administrative capacity in road transport (in particular on
technical and safety standards, vehicle taxation and rules on road transport of dangerous goods) as well as in
railway transport with a view to the implementation of
including rules on
interoperability of railways and public service operations,

the revised railway acquis,

(cid:151) complete legislative alignment on air transport (particularly air safety (cid:151) setting up of an independent aviation

accident investigation authority (cid:151) and air traffic management).

T a x a t i o n

(cid:151) ensure due alignment with the tax acquis, including the transitional VAT system,

(cid:151) in need of particular urgent action: alignment of VAT, and excise duty rates, to that of the Community acquis,

as well as closure of duty-free shops at land borders with the Union,

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

taxation,

(cid:151) strengthen administrative capacity, including control and enforcement procedures, administrative cooperation

and mutual assistance,

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

(cid:151) in need of particularly urgent action: develop IT systems so as to allow for the exchange of computerised data

with the Community and its Member States.

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E c o n o m i c a n d m o n e t a r y u n i o n

(cid:151) in need of particularly urgent action: ensure alignment of the Act on the Czech National Bank with the acquis

to consolidate its independence.

S t a t i s t i c s

(cid:151) further improve the 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 alignment of the Community legislation, in particular in the field of equal treatment for women and
men and health and safety acquis, and increase enforcement efforts of the whole social legal acquis. Strengthen
relevant institutional structures, in particular labour inspectorates. Continue adopting legislation in line with
the anti-discrimination acquis and prepare for its implementation,

(cid:151) ensure transposition of the public health acquis and further develop measures in the area of surveillance and

control of communicable diseases and health monitoring and information,

(cid:151) continue to support social partners’ capacity building efforts, in particular with a view to their future role in
the development 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 through completion of alignment with the electricity and gas
directives; eliminate remaining price distortions; strengthen the independence and resources of regulatory
bodies,

(cid:151) continue aligning with oil stock requirements and make progress in ensuring the actual constitution of the

stocks, including the necessary investments, towards the level of 90 days,

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

institutions in this area,

(cid:151) 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,

(cid:151) continue to ensure a high level of nuclear safety at the Dukovany and Temelin nuclear power plants.

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) complete transposition and implementation of the acquis including in particular cost orientation, asymmetry

and local loop unbundling,

(cid:151) ensure independence of the National Regulatory Authority for telecommunications,

(cid:151) ensure effective functioning of the liberalised market through effective interconnection pricing,

(cid:151) secure the widespread availability of carrier selection facilities.

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) strengthen the administrative capacity of the Council of the Czech Republic for broadcasting.

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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) in need of particularly urgent action: define attribution of legal and budgetary competencies between the

central and regional levels, and define the framework for the implementation of the Structural Funds,

(cid:151) continue to develop, rationalise and streamline the national development plan and define the implementation
structures of the final plan; develop project and programme generation and implementation capacity at central
and regional
level; continue development of monitoring and evaluation capacity; ensure availability of all
relevant statistical data,

(cid:151) 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 and improve the administrative
capacity, in particular in terms of recruitment and training; ensure effective interministerial coordination,

(cid:151) align with the specific financial management and control procedures for future Structural and Cohesion Funds

under the relevant Community Regulations,

(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 particular emphasis on integrated pollution prevention and control
and on amendments to the legislation not complying with the acquis in particular in the waste and water
sector,

(cid:151) complete implementation of

the acquis,

impact assessment, water
intended for human consumption, nitrates (designation of vulnerable zones, action plans) and dangerous
substances (inventories, pollution reduction programmes), nature protection (list of sites of Community
importance, special protected areas) and integrated pollution prevention control
integrated
permits),

in particular as regards environmental

(institutions,

(cid:151) continue strengthening the administrative, monitoring and enforcement capacity at national, regional and local
level. Particular attention needs to be paid to clear distribution of competencies, to improve cooperation
between responsible authorities, to training and to strengthening the investment planning capacity,

(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 a n d h e a l t h p r o t e c t i o n

(cid:151) complete legislative alignment and ensure the effectiveness of administrative structures,

including market

surveillance.

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

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

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

databases and registers,

(cid:151) strengthen border control management; improve coordination between organisations responsible for border

management and training of staff; improve the controls at the (cid:145)green(cid:146) borders,

(cid:151) further improve the system for granting of visas to take full account of migration risks; improve cooperation

between all police units dealing with migration,

(cid:151) ensure implementation of the new Aliens Act; ensure the involvement of an independent body as the second

instance in the asylum procedure,

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(cid:151) ensure effective implementation of the new strategy for combating organised crime; establish a framework for
cooperation between different law enforcement agencies, especially concerning the fight against financial crime
and corruption,
in particular concerning money-laundering, and as regards trafficking in human beings;
provide further training for the police concerning organised crime and drugs; introduce modern equipment,
such as an integrated computer-based investigation system,

(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 the 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) in need of particularly urgent action: continue the implementation of the IT strategy of the Czech customs
administration. Develop IT systems so as to allow for the exchange of computerised data between the
Community and the Czech Republic,

(cid:151) continue efforts to strengthen customs ethics, combat fraud and corruption, protect copyrights and industrial

property rights, fight against economic crime and organised crime,

(cid:151) continue efforts to reduce waiting time at the border.

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

(cid:151) take the measures necessary 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) implement the concept of managerial accountability,

(cid:151) set up an internal audit service with adequate functional independence directly under the highest management

level in spending centres,

(cid:151) set up a central unit

in the Ministry of Finance to deal with coordination and harmonisation of

the

methodology for financial management and control and internal audit throughout the government,

(cid:151) strengthen the fight against fraud and adopt the appropriate legislative framework to this effect,

(cid:151) agree on the framework for cooperation with OLAF for the protection of the Communities’ financial interests

and effectively start cooperating with OLAF through the central contact point,

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

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

5. Programming

For the period 2000 to 2006, in addition to PHARE, financial assistance to the Czech Republic comprises 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 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, the Czech Republic can also fund part of its participation in
framework programmes and
Community programmes including the research and technological development
programmes in the areas of education and Enterprise. In addition the Czech Republic 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.

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6. Conditionality

Community assistance for financing projects through the three pre-accession instruments PHARE, ISPA and Sapard
is conditional on respect by the Czech Republic 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 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.