2002/92/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania
Date: 2002-01-28
Institutions: Council of the European Union
Subjects: EU aid, Romania, 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 Romania

(2002/92/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.

lacking,

is

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.

regular
analysis on Romania’s preparations

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

(6)

(7)

In order to prepare for membership, Romania 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.

Romania 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 Romania 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.

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 Romania 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 Romania. The present revision is based on a proposal by the Commission following
consultation with Romania, and draws on the analysis of the Commission’s 2001 regular report on progress made
by Romania 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 Romania towards membership of the
Union, the financial means available to help Romania 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 Romania, 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.

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
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 Romania. 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 Romania 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.

Romania submitted an updated version of its national programme for the adoption of the acquis (NPAA) on
29 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 Romania’s membership preparations. Romania will
nevertheless have to address all issues identified in the 2001 regular report. It is also important that Romania 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 Romania. 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) develop the policy framework set by the 1999 law on civil servants by introducing and implementing

necessary secondary legislation,

(cid:151) adopt and implement a comprehensive public administration reform package. Issues addressed should include
(i) devising mechanisms to ensure the independence from undue influences and the accountability of civil
servants, (ii) improved provisions for both initial and in-service training, and (iii) a career structure based on
transparent promotion and assessment,

(cid:151) intensify the fight against corruption in a comprehensive way, in particular by (i) clarifying the competencies
of all bodies involved in anti-corruption activities, ensuring improved coordination between these bodies, and
international conventions against
strengthening their
corruption, and (iii) introducing the notion of liability of legal persons into Romanian criminal law. Ensure
effective immediate action with impact on public opinion and transparent administrative decisions,

implementation capacities,

ratifying relevant

(ii)

(cid:151) enhance policy formulation by (i)

improving policy coordination and consultation procedures between
ministries, (ii) consulting stakeholders (cid:151) in particular the social partners and representatives from civil society,
and (iii) screening all draft legislation for its budgetary implications as well as compatibility with the Europe
Agreement, the acquis communautaire, and international obligations,

(cid:151) reduce the reliance on ordinances, and emergency ordinances, as a legislative tool,

(cid:151) provide adequate resources to the local levels of government to allow resources to match responsibilities,

(cid:151) guarantee the independence of the judiciary. Improve its functioning by introducing objective criteria for
recruitment and career development for judges and prosecutors, and ensuring appropriate initial and in-service
training of judges, prosecutors and law clerks through continued support to the National Institute for the
Magistracy and the Training Centre for Law Clerks. Widen the availability of legal aid,

(cid:151) improve the enforcement of civil decisions,

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

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(cid:151) develop an effective probation system and limit the use of pre-trial detention,

(cid:151) continue police reform by (i) adopting the draft laws on police organisation and the statute of police officers,
(ii) redefining the police force as civil servants albeit with special status and (iii) bringing police officers under
the jurisdiction of civilian courts,

(cid:151) revise those sections of the Penal Code dealing with verbal outrage and offence against authorities in order to

ensure that they do not inhibit legitimate freedom of expression.

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) complete the reform of the childcare system in accordance with the national strategy on the protection of
children in need. The reform should (i) include adequate budgetary support for all children in care, (ii) address
the particular problems of children with chronic diseases and handicaps, (iii) address the particular problems of
young adults leaving institutions, and (iv) work towards closure of the existing special schools through the
development of an inclusive education system,

(cid:151) maintain the moratorium on international adoption in place until new legislation compatible with the best
interests of the child and Romania’s international obligations is adopted and the administrative capacity to
implement the new legislation is ensured,

(cid:151) provide adequate financial support and administrative capacity in order to implement the Government strategy
on the improvement of the situation of Roma at national, regional and local levels with particular attention to
fighting discrimination (including within the public administration) and ensure equal access to mainstream
education, housing and social services,

(cid:151) ensure that an efficient system for examining complaints of police misconduct is established and functions

properly; access by Roma to this system should be ensured,

(cid:151) provide adequate financial support and administrative capacity in order to adopt and implement the national

strategy on the improvement of the situation of persons with handicaps,

(cid:151) establish and ensure the due functioning of institutions to prevent and combat all forms of discrimination.

Economic criteria

(cid:151) establish macroeconomic stability, in particular through the implementation of structural reforms, with a view

to ensuring medium-term sustainability of public finances,

(cid:151) promote competitiveness

through market-driven enterprise restructuring including:

(i) continuing and
intensifying the privatisation process with a view to completing the Government’s programme, (ii) taking
measures to stimulate domestic and foreign investment,
legal and administrative
procedures, (iv) implementing new bankruptcy procedures, and (v) stabilising and increasing the transparency
of the rules governing privatisation and business operation to ensure correct privatisation procedures,

(iii) simplification of

(cid:151) deal

in particular with the outstanding arrears between companies (between public companies, but also

between private and public companies),

(cid:151) implement a plan for restructuring the steel sector in line with Community requirements and implement

viability plans in the steel enterprises,

(cid:151) implement a restructuring plan for the national air carrier aimed at reducing financial losses,

(cid:151) speed up the creation of a functioning land market by developing a policy for agricultural land consolidation,

completing the issuance of land titles and strengthening property rights,

(cid:151) develop a policy framework for rural credit and rural

financial

infrastructure compatible with IFI and

Community financial support,

(cid:151) create an SME-friendly economic and legal environment, and in particular continue simplification of

registration and licensing procedures.

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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) continue implementation of (cid:145)New approach(cid:146) directives on the basis of framework legislation, and reinforce
related administrative capacity (conformity assessment bodies). Bring Romanian legislation on pharmaceuticals,
chemicals, cosmetics, textiles, footwear,
legal metrology and motor vehicles into line with the acquis, and
pursue alignment of the remaining traditional technical legislation. Pursue adoption of EN standards. Establish
a market surveillance system, and prepare administration and food operators to Community principles of food
safety,

(cid:151) ensure an appropriate implementation of the new legislation on public procurement,

(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 f o r p e r s o n s

(cid:151) pursue alignment of mutual recognition of professional qualifications and diplomas and introduce required

administrative structures, education and training programmes,

(cid:151) take preparatory measures to develop the administrative structures for the coordination of social security

systems.

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) pursue alignment of legislation on securities markets,

(cid:151) reinforce the supervision of financial services.

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 the second Directive against money laundering.

C o m p a n y l a w

(cid:151) strengthen administrative capacity of enforcement bodies of intellectual and industrial property rights and
increase efforts to fight against piracy and counterfeiting. Improve cooperation among enforcement bodies
notably the police, customs and the judiciary. Strengthen administrative capacity at the border and ensuring
proper enforcement of border legislation.
Intensify training for enforcement bodies including judges and
prosecutors,

(cid:151) complete the process of alignment to the acquis, in particular through the adoption of necessary secondary

legislation.

C o m p e t i t i o n

(cid:151) complete the legislative framework in both State aid and anti-trust. Strengthen the administrative capacity of
the competition authorities; ensure enforcement of the rules in anti-trust and State aid including the alignment
Increase
of incompatible aid schemes. Complete the State aid inventory and prepare the annual reports.
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) organise and carry out a general agricultural census,

(cid:151) prepare the administrative structures needed for the design, implementation, management, monitoring, control

and evaluation of Community-funded rural development programmes,

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(cid:151) reinforce administrative structures in order to improve capacities for policy formulation and economic

analysis,

(cid:151) prepare for the implementation and enforcement of the management mechanisms of the common agricultural
policy, in particular the integrated administration and control system including an animal identification and
registration system and a land parcels identification system, as well as for the implementation and enforcement
of veterinary and phytosanitary and food safety legislation,

(cid:151) continue the establishment of a vineyard register and control systems in the wine sector,

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

in

particular 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,

(cid:151) strengthen the administrative capacity to implement the food safety strategy.

F i s h e r i e s

(cid:151) complete the establishment of adequate organisation, adequate institutional resources and equipment relating
to inspection and controls at central and regional levels. Complete the fishing register in full compliance with
Community requirements. Develop a reliable system of fisheries statistics.

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

(cid:151) reinforce administrative capacity in road transport and continue legal alignment (in particular phase out
discriminatory practices in road transport taxation/charging) and begin the implementation of an action plan
to retrofit Romanian haulage vehicles with speed limitation devices and recording equipment,

(cid:151) ensure due implementation of the maritime safety acquis, taking into account its latest developments, and
strengthen the administrative capacity in order to improve the flag State performance of the Romanian fleet,

(cid:151) restructure and modernise the Romanian Danube fleet to increase its competitiveness and to prepare it to

comply with Community technical requirements,

(cid:151) transpose and implement the revised railways acquis.

T a x a t i o n

(cid:151) ensure legislative alignment with particular attention to VAT exemptions, refund conditions, taxable scope and

zero-rating as well as excise duties levels, structure and exemptions,

(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 and control procedures including administrative cooperation and mutual
assistance. Particular attention should be given to revenue collection, setting up of a taxpayer register, and
refunding of VAT; draw up a tax administration strategy; establish a code of ethics and measures to apply such
a code; assess the human resource requirements of the tax system and design and implement a training system
covering both initial and in-service training,

(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 Directives.

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S t a t i s t i c s

(cid:151) carry out a population census,

(cid:151) further improve quality and coverage of statistics by ensuring that adequate resources are made 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) define and implement a national policy for employment that is in line with European employment guidelines,

including preparations for participation in European Social Fund-type activities,

(cid:151) develop capacity of the national Agency for Employment to implement active measures and employment
programmes and strengthen the employment services at local level notably by improving cooperation between
local services in the field of employment and social assistance,

(cid:151) complete reform of the social assistance system, including financial decentralisation of the institutions involved,

(cid:151) continue alignment and ensure proper implementation of Community legislation in the fields of labour law,
equal treatment for women and men and health and safety at work, notably through the adoption of the new
including the labour
Labour Code. Strengthen the related administrative and enforcement
inspectorates. Adopt
its
implementation,

secondary legislation against discrimination and develop a

structures,

timetable

for

(cid:151) transpose and implement legislation on public health and develop a national system for surveillance and

control of communicable diseases and a health monitoring information system,

(cid:151) adopt necessary legislation to strengthen employees’ and employers’ organisations and support social partners’
capacity-building efforts, notably in autonomous bipartite social dialogue, in particular with a view to their
future role in the elaboration and implementation of EU employment and social policy,
including the
European Social Fund,

(cid:151) strengthen the capacity to manage health sector reform in a comprehensive manner by improving strategic
planning for human and financial resources to make efficient use of public funds while ensuring equal access
to health care,

(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) develop and implement an energy strategy in line with Union energy policy objectives. In addition to the main
energy sources, the strategy should also focus on improved energy efficiency, in particular in the sector of
heating, and the use of renewable energy,

(cid:151) advance the alignment process in the internal energy market (electricity and gas) through establishment of an
independent electricity transmission system operator (electricity), elimination of remaining energy price
distortions and preparation for continuing the progressive opening of the market, and ensuring independent
and efficient regulatory mechanisms,

(cid:151) establish strict and transparent financial discipline between all the actors of the energy market in Romania, in

order to phase in a programme of cost recovery and reduction of arrears,

(cid:151) develop and start implementing a programme to align to the oil stocks acquis,

(cid:151) implement

the recommendations contained in the Council report on nuclear safety in the context of

enlargement with due regard for the priorities assigned in the report,

(cid:151) continue to ensure a high level of nuclear safety at the Cernavoda nuclear power plant,

(cid:151) focus on strengthening the resources and capacities of the national regulatory authority for nuclear energy.

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I n d u s t r i a l p o l i c y

(cid:151) review policy framework and legislation to improve the access of enterprises (particularly SMEs) to investment

finance,

(cid:151) implement a market-oriented competitiveness strategy including sectoral restructuring programmes.

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) transpose the acquis on telecommunications and postal services,

(cid:151) prepare for the full liberalisation of the telecommunications market by creating a national regulatory authority.

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) align legislation and strengthen the capacities 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) develop a national policy for economic and social cohesion and, in this context, regularly update and improve

the national development plan,

(cid:151) set up the required monitoring and evaluation system, in particular for ex ante and ex post evaluation and for

the collection of the relevant statistical information and indicators,

(cid:151) strengthen the institutional and administrative capacity of the bodies in charge of programming and managing
funds for economic and social cohesion, in line with the Structural Funds approach; in particular define the
managing and paying authorities; establish a clear division of responsibilities at national and regional level and
improve
career profiles and training. Ensure
interministerial cooperation.

capacity in terms of

the administrative

recruitment,

(cid:151) prepare to comply with basic financial management and control provisions as laid down by the respective

regulations of the Structural Funds.

E n v i r o n m e n t

(cid:151) complete transposition and start enforcement of

legislation
(environmental
industrial pollution control and risk
management (integrated pollution prevention and control, large combustion plants, control of major accident
hazards involving dangerous substances),

impact assessment), waste management, water quality,

in the sectors of horizontal

the acquis

(cid:151) draw up directive-specific implementation plans, including financing plans, with particular attention to waste
management
level), water quality and
industrial pollution control and risk management (integrated pollution prevention and control, control of
major accident hazards involving dangerous substances),

(including a waste management strategy at national and regional

(cid:151) strengthen the administrative capacity at the national level to improve capacities for policy preparation and
economic analysis. Particular attention needs to be paid to the enforcement capacity of the Environmental
Protection Inspectorates at local level,

(cid:151) 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) continue alignment of legislation, strengthen market surveillance and enforcement authorities, and in particular
ensure effective implementation of the five-year strategy for the National Authority for Consumer Protection.

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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) improve border management by (i) developing an integrated border management strategy, (ii) implementing
legislation for the law on the state frontier and the law on the organisation and functioning of the border
police, (iii) ending the use of conscripts in the border police, and (iv) aligning legislation and practice in the
field of countering illegal migration and trafficking in human beings, especially women and children,

(cid:151) develop and present a Schengen action plan,

(cid:151) continue progressive alignment of visa legislation and practice,

(cid:151) draw up and start implementing an integrated strategy for the fight against corruption and organised crime

and improve the coordination between law enforcement bodies from prevention to prosecution,

(cid:151) develop and implement a national drugs strategy and establish a national focal point for contacts with the

European Monitoring Centre on Drugs and Drug Addiction,

(cid:151) continue alignment on the relevant acquis in the field of money laundering; ratify and implement the 1981
Council of Europe Convention and strengthen the administrative capacity of the National Office for Preventing
and Fighting Money Laundering Operations,

(cid:151) take the necessary steps in order to ensure the 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) continue efforts to implement the customs ethics policy. Implement measures to reduce waiting times at the
border, to fight cross-border movement of pirated and counterfeit goods and to fight economic crime and
organised crime,

(cid:151) reinforce administrative and operational capacity in the field of customs enforcement through inter-service

cooperation. Human resource requirements should be assessed and centralised training developed,

(cid:151) accelerate the implementation of the IT strategy of the Romanian customs administration; develop IT systems

to permit the exchange of computerised data between the Community and Romania.

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

(cid:151) prepare a policy paper for public internal financial control, followed by legislation, rules and procedures in line
with internationally accepted standards, covering, in an integrated manner (i) the financial management and
(ii) the
control responsibilities of the manager of the budget spending centre (managerial accountability);
ex ante controls performed by the Ministry of Finance delegate preventive financial control systems, and (iii) the
internal audit function, including its functional independence,

(cid:151) define and quantify the organisational, human resource and investment needs to establish internal financial
in key budget spending centres; draw up and
control and internal audit in line with the policy paper,
implement plans for institution building and human resource development in the field of internal financial
control and internal audit.

(cid:151) strengthen the institutional capacities of the Court of Accounts as necessary for the introduction of modern

auditing procedures in line with international standards and best practice,

(cid:151) strengthen the fight against fraud, particularly as regards protection of Community financial interests,

(cid:151) designate a central contact point for the protection of Community financial

interests and start effective

cooperation with OLAF through this contact point,

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

funds as a key indicator of Romania’s ability to implement the financial control acquis.

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5. Programming

in addition to PHARE, financial assistance to Romania comprises support for
For the period 2000 to 2006,
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, Romania 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 Romania 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 Romania 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.