2002/86/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Estonia
Date: 2002-01-28
Institutions: Council of the European Union
Subjects: EU aid, Estonia, 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 Estonia

(2002/86/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:

(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
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.

is lacking,

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.

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

regular
Estonia’s

preparations

analysis

on

(6)

(7)

In order to prepare for membership, Estonia 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.

Estonia 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 Estonia 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 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 Estonia 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 Estonia. The present revision is based on a proposal by the Commission following
consultation with Estonia, and draws on the analysis of the Commission’s 2001 regular report on progress made
by Estonia 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 Estonia towards membership of the
Union, the financial means available to help Estonia 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 Estonia, 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
to ensure harmonious operation of Community policies after accession and at
administrative structures
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 Estonia. The priorities listed in the revised Accession

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Partnership have been selected on the basis that it is realistic to expect that Estonia 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.

Estonia submitted an updated version of its national programme for the adoption of the acquis (NPAA) on 12 April
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 Estonia’s membership preparations. Estonia will
nevertheless have to address all issues identified in the 2001 regular report. It is also important that Estonia 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 Estonia. 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) continue to improve the efficiency and independence of the judiciary. Address,

in particular, workload in
courts and backlogs of pending court cases; improve infrastructure to ensure the due functioning of courts;
ensure the enforcement of courts’ decisions; improve citizen’s access to justice; widen the availability of legal
aid.

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

(cid:151) continue the integration of non-citizens by implementing concrete measures, including language training for

non-Estonian speakers; provide necessary financial support for the implementation of these measures,

(cid:151) ensure that the implementation of language legislation is in line with both international standards and the

Europe Agreement and respects the principles of justified public interest and proportionality.

Economic criteria

(cid:151) continue efforts to improve labour market responsiveness, in particular by upgrading education and training,

in order to reduce the level of unemployment,

(cid:151) continue efforts to improve the conditions for the creation and development of private enterprises,

(cid:151) implement the restructuring plan for the oil-shale sector,

(cid:151) complete land reform, with particular emphasis on the registration of agricultural land.

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 the transposition and implementation of (cid:145)New approach(cid:146) directives and traditional sectoral legislation,

(cid:151) reinforce the national accreditation system and market surveillance system; ensure that

the metrology

organisation is fully operational,

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

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(cid:151) continue with the adoption of EN standards.

(cid:151) proceed with screening of legislation in the non-harmonised area to ensure that it is in compliance with
Articles 28, 29 or 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 the professional qualifications obtained before harmonisation, Estonia 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 continue efforts to

introduce required administrative structures, education and training programmes,

(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) complete alignment of financial services legislation,

(cid:151) reinforce the supervision of financial services, in particular of securities markets,

(cid:151) complete alignment of data protection legislation, strengthen and ensure the independence of the 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) in need of particularly urgent action: align legislation on payment

systems and ensure

effective

implementation,

(cid:151) align legislation on direct investment in those sectors still restricted (security services),

(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: complete alignment in intellectual and industrial property rights, and

strengthen administrative and judicial capacity with a view to tackling piracy and counterfeiting.

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

(cid:151) ensure the enforcement of anti-trust and State aid rules; increase awareness of the rules among all market

participants and aid granters; intensify the training of the judiciary in the competition field.

A g r i c u l t u r e

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

implementation, management, monitoring,

control and evaluation upon accession of Community-funded rural development programmes,

(cid:151) upgrade the capacity of the agricultural administration and complete preparations for the enforcement and
in particular the
practical application of the management mechanisms of the common agricultural policy,
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) complete upgrading of food processing industry, in particular in the dairy, meat and fish processing sectors in

line with Community food safety standards; reinforce the food control administration,

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(cid:151) complete system of animal identification; implement food safety control systems (hazard analysis and critical

control points), animal waste treatment, residue and zoonosis control programmes,

(cid:151) complete alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, with
particular emphasis on improvement of laboratory capacity, with a view to fulfilling the obligations of control
of domestic production and at future external borders,

(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 with sufficient institutional resources and
equipment at central and regional
level that 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) complete legislative alignment in maritime transport, taking into account its latest developments, and in
particular, strengthen the implementation of maritime safety standards, and further reinforce the relevant
administrative capacity in order to improve the flag State performance of the Estonian fleet,

(cid:151) complete legislative alignment and reinforce administrative capacity in the inland waterways sector, in the road
sector in particular as regards road safety, dangerous goods and taxation, and in the railway transport sector
with a view to the implementation of the revised railway acquis, particularly by setting up an independent
allocation and charging body; complete legislative alignment
in aviation, and in particular, set up an
independent aviation accident investigation authority.

T a x a t i o n

(cid:151) complete alignment with the tax acquis as regards VAT (zero-rating and the transitional VAT regime), excise

duties and direct taxation,

(cid:151) ensure that legislation complies with the principles of the Code of Conduct for Business Taxation,

(cid:151) strengthen administrative capacity and control procedures and improve administrative cooperation and mutual

assistance,

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

strengthen statistical capabilities, 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 and ensure proper implementation of Community legislation in particular in the field of
equal treatment for women and men. Strengthen the capacity of enforcement bodies, in particular the National
Labour
legislation against
discrimination and develop a timetable for its implementation,

Inspectorate and ensure coherence and coordination between these. Adopt

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(cid:151) complete transposition and continue to implement the acquis on public health and develop a national system

for surveillance and control,

(cid:151) continue to support social partners’ capacity-building efforts in particular with a view to their future role 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 the future participation in the European

strategy on social inclusion.

E n e r g y

(cid:151) continue preparations for the internal energy market and alignment of legislation with the electricity and gas
transmission system operator (electricity); eliminate remaining price

directives; establish an independent
distortions and bring levels of market opening in line with the acquis,

(cid:151) strengthen the administrative capacity of the independent regulator of the energy sector,

(cid:151) make progress in building up levels of oil stocks, including necessary investments, towards the level of 90

days, and develop adequate administrative structures,

(cid:151) improve energy efficiency, promote 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.

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 local

loop unbundling; ensure effective
functioning of the liberalised market through effective interconnection regulation and 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 administrative capacity and coordination of relevant authorities in order to ensure implementation

of the acquis.

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) ensure effective interministerial coordination and appropriate partnership with a view to both programming
and implementation; prepare a single programming document as required by the Structural Funds regulations,
including an ex ante evaluation,

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

(cid:151) set up monitoring and evaluation systems; align financial management and control procedures with the

specific requirements of the Structural Funds Regulations,

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

E n v i r o n m e n t

(cid:151) complete transposition of the acquis, with particular emphasis on water quality and waste management,

(cid:151) continue implementation of the acquis, in particular as regards landfill of waste (establish waste management
plans and find sustainable solutions to the handling of wastes from extraction, incineration and refining of
oil-shale), discharge of dangerous substances in the aquatic environment
(establish pollution reduction
programmes and ensure monitoring) and nitrate pollution from agricultural sources; strengthen efforts to meet
microbiological parameters for water intended for human consumption,

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(cid:151) continue strengthening administrative capacity, in particular at regional and local level,

(cid:151) continue to integrate 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) complete legislative alignment and strengthen market surveillance and enforcement authorities.

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) improve coordination among law enforcement bodies and the judiciary; continue the fight against organised

crime; strengthen capacities to deal with money laundering,

(cid:151) continue preparation for future participation in the Schengen Information System by developing various

national databases and registers,

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

cooperation in civil matters,

(cid:151) continue the fight against drugs by developing and implementing the national drugs strategy and strengthening
the administrative bodies involved in its implementation; prepare for full participation in the work of
European Monitoring Centre for Drugs and Drug Addiction,

(cid:151) align legislation on visas, legal migration and asylum; implement border and migration legislation to prevent

illegal immigration; properly implement the Refugees Act,

(cid:151) pursue border demarcation with Russia; strengthen border management and control, including sea surveillance,

(cid:151) complete legislative alignment 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) ensure effective implementation of

further align legislation concerning
tariffs and tariff-related measures;
cultural goods and precursors; continue the fight against fraud and corruption; continue to implement the
customs ethics policy,

(cid:151) reinforce administrative and operational capacity including border control; develop capacity in the field of
revenue collection and on all customs procedures related to tariffs; improve coordination between the relevant
bodies as regards enforcement and revenue collection of duties; improve the capacity of customs laboratories,

(cid:151) continue the implementation of the IT strategy of the Estonian customs administration; develop IT systems so

as to allow for the exchange of computerised data between the Community and Estonia.

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) ensure the implementation of the new legislation on public internal financial control; continue to develop
internal audit/control units in all spending centres; strengthen managerial accountability and public financial
control functions through the provision of adequate staff, training and equipment,

(cid:151) complete the legislative framework for external audit; formalise the working relationship between the Supreme

Audit Office and the Parliament,

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(cid:151) start cooperating effectively with OLAF through the designated central contact point,

(cid:151) strengthen the fight against fraud,

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

key indicator of Estonia’s ability to implement the financial control acquis.

5. Programming

in addition to PHARE,

financial assistance to Estonia 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, Estonia 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 Estonia 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 Estonia 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.