Proposal for a Council Decision on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania
Date: 2003-03-26
Institutions: European Commission
Subjects: Community acquis, EU aid, European integration, Romania, accession criteria, accession to the European Union, approximation of laws, cooperation policy, pre-accession strategy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.3.2003
COM(2003) 143 final

Proposal for a

COUNCIL DECISION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

At  its  meeting  in  Luxembourg  in  December  1997,  the  European  Council  decided  that  the
Accession  Partnership  would  be  the  key  feature  of  the  enhanced  pre-accession  strategy,
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.  In  line  with  the
provisions  laid  down  in  Regulation  (EC)  No.  622/981  (article  2),  the  Accession  Partnership
was updated a first time in December 1999, and  for a second time in January 20022,  taking
into  account  further  developments  in  Romania.  In  the  Commission's  Communication  on
Roadmap for Romania3, it was stated that the Commission would propose revised Accession
Partnership  for  Romania  in  the  light  of  the  findings  of  the  2002  Regular  Reports  and
roadmaps. The Communication also stated that short and medium term issues identified in the
roadmaps  would  be  further  developed  in  the  revised  Accession  Partnership  to  be  presented
next year, and that the Accession Partnership would continue to be the basis for programming
pre-accession  assistance,  but  that  priorities  for  assistance  would  also  be  drawn  from  the
Regular  Reports,  roadmap  and  revised  National  Development  Plans  to  be  prepared  by  each
country  in  line  with  Structural  Funds  requirements.  It  was  stated  that  the  Accession
Partnership  would  complement  the  roadmap  and,  taken  together,  would  be  the  main  tools
guiding Romania's work on preparation for accession to the EU.

The attached decision does not have financial implications.

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

1

2

3

OJ L 85, 20.3.1998, p. 1
Council  Decision  of  28  January  2002  on  the  principles,  priorities,  intermediate  objectives  and
conditions contained in the Accession Partnership with Romania OJ L 044 , 14/02/2002 P. 0001 - 0011
COM (2002) 624

2

                                                
Proposal for a

COUNCIL DECISION

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the
applicant  States  in  the  framework  of  the  pre-accession  strategy,  and  in  particular  on  the
establishment of Accession Partnerships, 4 and in particular to Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) 

(2) 

(3) 

(4) 

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

The  Copenhagen  European  Council  stated  that  following  the  conclusions  of  the
European  Council  in  Brussels  and  depending  on  further  progress  in  complying  with
the  membership  criteria,  the  objective  is  to  welcome  Romania  as  a  member  of  the
European  Union in  2007.  It  endorsed  the  Commission’s  communication  on  roadmap
for  Romania5,  including  the  proposals  for  a  significant  increase  in  pre-accession
assistance,  and  stated  that  the  high  level  of  funding  to  be  made  available  should  be
used in a flexible way, targeting the priorities identified, including in key areas such as
Justice and Home Affairs. It stated that further guidance in pre-accession work would
be provided by the revised Accession Partnerships to be presented to them next year.

Regulation  (EC)  No  622/98  sets  out  that  the  Council  is  to  decide,  by  a  qualified
majority and following a proposal from the Commission, on the principles, priorities,
intermediate  objectives  and  conditions  contained  in  the  individual  Accession
Partnerships,  as  they  are  submitted  to  each  applicant State, as  well  as  on  subsequent
significant adjustments applicable to them;

Community  assistance  is  conditional  on  the  fulfilment  of  essential  elements,  and  in
particular on the respect of the commitments contained in the Europe Agreements and
on progress towards fulfilment of the Copenhagen criteria; where an essential element
is  lacking,  the  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the
Commission, may take appropriate steps with regard to any pre-accession assistance;

4

5

OJ L 85, 20.3.1998,p. 1
COM (2002) 624

3

                                                
(5) 

(6) 

(7) 

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

The 2002  Commission's Regular Report presents an  objective analysis on  Romania's
preparations for membership and identifies a number of priority areas for further work;

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

HAS DECIDED AS FOLLOWS:

Article 1

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  on  the  basis  of  regular  reports  by  the
Commission to the Council.

Article 3

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

Done at Brussels,

For the Council
The President

4

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,  and  for  a  second  time  in  January  20026,  taking  into  account  further
developments  in  Romania.  In  the  Commission's  Communication  on  the  Roadmap  for
Romania7,  it  was  stated  that  the  Commission  would  propose  revised  Accession  Partnership
for  Romania  in  the  light  of  the  findings  of  the  2002  Regular  Report  and  roadmap.  The
Communication  also  stated  that  short  and  medium  term  issues  identified  in  the  roadmaps
would  be  further  developed  in  the  revised  Accession  Partnership  to  be  presented  next  year,
and  that  the  Accession  Partnership  would  continue  to  be  the  basis  for  programming  pre-
accession assistance, but that priorities for assistance would also be drawn from the Regular
Report, roadmap and revised National Development Plans to be prepared by Romania in line
with  Structural  Funds  requirements.  It  was  stated  that  the  Accession  Partnership  would
complement  the  roadmap  and,  taken  together,  would  be  the  main  tools  guiding  Romania’s
work on preparation for accession to the EU.

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 2002 Regular Report on the progress made by
Romania towards membership of the Union and the Roadmap, 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 pre-accession fiscal surveillance procedure, the Pre-accession Economic
Programme, the Pre-accession pact on organised crime as well as the National Development
Plans,  the  Rural  Developments  Plans,  a  national  employment  strategy  in  line  with  the
European  Employment  Strategy,  and  sectoral  plans  necessary  for  the  participation  in  the
Structural Funds after membership and for the implementation of ISPA and SAPARD before
accession. Each of these instruments is  different in nature  and is prepared  and implemented
according to specific procedures and may be supported by pre-accession aid. They are not an
integral part of this Partnership but the priorities they contain will be compatible with it.

6

7

Council  Decision  of  28  January  2002  on  the  principles,  priorities,  intermediate  objectives  and
conditions contained in the Accession Partnership with Romania OJ L 04, 14/02/2002 P. 0001 - 0011
COM (2002) 624

5

                                                
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:1)  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:1)  the  existence  of  a  functioning  market  economy,  as  well  as  the  capacity  to  cope  with

competitive pressure and market forces within the Union;

(cid:1)  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. At Luxembourg, in 1997, it stressed that incorporation of the acquis
into legislation is necessary, but not in itself sufficient since it is also 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.  The  Copenhagen
European  Council  in  2002  again  underlined  the  importance  of  judicial  and  administrative
reform, which would help bring forward Romania's overall preparation for membership.

4. 

PRIORITIES

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  countries  to
prepare for accession. The 2002 Regular Reports concluded that Romania continues to fulfil
the  political  criteria  and  although  it  has  continued  to  make  progress  towards  being  a
functioning market economy, it does not yet meet the Copenhagen economic criteria. In order
to complete its preparations successfully, Romania needs to continue its efforts to transpose,
implement  and  enforce  the  acquis.  It  also  needs  to  continue  the  reform  of  public
administration  and  the  judiciary  in  order  to  have  the  necessary  administrative  and  judicial
capacity for this.

The roadmap for Romania, which covers the period up to accession, indicates the main steps
that it needs to take to be ready for membership. It is based on the commitments made in the
negotiations and on what needs to be  done  to fulfil  the  Copenhagen  and  Madrid criteria  for
membership. The roadmap aims to support Romania’s efforts to meet  the remaining criteria
for membership by identifying  the tasks ahead  and  providing  increased  financial  assistance.
There is particular emphasis on administrative  and judicial capacity necessary to implement
the  acquis  and  on  economic  reform.  For  the  acquis  chapters,  the  roadmaps  provide
benchmarks against which Romania’s progress can be monitored. These cover both alignment
of legislation and development of administrative capacity.

This revised Accession Partnership complements the roadmap  and, taken together, these are
the  main  tools  guiding  Romania’s  work  on  preparation  for  accession  to  the  EU.  The
Accession  Partnership  further  develops  the  short  and  medium  term  issues  identified  in  the
roadmap, identifying priorities that it is realistic to expect that Romania can complete or take

6

forward substantially over the period 2003/4. The priorities in the Accession Partnership have
been  set  in  co-operation  with  the  countries  concerned.  The  achievement  of  these  will
condition the degree of assistance granted.

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  basis  of  the  analysis  of  the  Commission’s  2002  Regular  Report  and  the
roadmap,  the  following  priorities  and  intermediate  objectives  have  been  identified  for
Romania.  These  priorities  are  presented  in  accordance  with  the  structure  of  the  Regular
Report. 8

Political Criteria

Democracy and the rule of law

Revise the 1999 framework law  on civil servants, introduce necessary secondary  legislation
and establish implementation mechanisms and structures.

(cid:1)  Adopt  a  comprehensive  strategy  for  the  reform  of  the  civil  service  that  clarifies  the
institutional  responsibilities  for  administrative  reform  and  that  covers:  (i)  comprehensive
pay  reform  to  be  agreed  in  full  consultation  with  the  IFI’s,  (ii)  improved  provisions  for
both  initial  and  in-service  training,  (iii)  the  institution  of  a  career  structure  based  on
transparent  promotion  and  assessment  (iv)  introduction  of  elements  of  modern  human
resource management, and (v) strengthening of administrative structures in order to ensure
that Romania has the capacity for fully effective use of EC funds. The strategy should both
set out a programme of sequenced reforms and also provide a framework for multi-annual
donor assistance.

(cid:1)  Adopt a comprehensive strategy for the reform of the policy formulation process that will
cover:  (i)  policy  co-ordination  and  consultation  procedures  between  ministries,  (ii)
consultation  of  stakeholders,  (iii)  screening  all  draft  legislation  for  its  budgetary
implications  and  (iv)  screening  all  draft  legislation  for  compatibility  with  the  Europe
Agreement and the acquis communautaire. The strategy should both set out a programme
of sequenced reforms and also provide a framework for multi-annual donor assistance. In
order to implement the Strategy a dedicated reform unit should be set up.

(cid:1)  Reduce the reliance on ordinances, and emergency ordinances, as a legislative instruments

and clarify the circumstances under which these provisions can be used.

(cid:1)  Adopt  a  comprehensive  strategy  for  the  management  of  the  on-going  process  of
decentralisation/deconcentration.  The  strategy  should  set  out  a  programme  of  sequenced
reforms  and  also  provide  a  framework  for  multi-annual  donor  assistance.  Particular
attention should be paid to the issue of providing adequate resources to the local levels of

8

The order of presentation is that used in the 2002 Regular Report and roadmap.

7

                                                
government  in  a  fully  transparent  and  predictable  manner  in  order  to  allow  resources  to
match increased responsibilities.

(cid:1)  Step  up  the  fight  against  corruption  by:  (i)  continued  implementation  of  anti-corruption
strategy and programme, (ii) strengthening the  autonomy of  the  National  Anti-corruption
Prosecutor's  Office,  (iii)  introducing  the  notion  of  criminal  liability  of  legal  persons  in
Romanian criminal law, (iv) developing codes of ethics for key professions including law
enforcement bodies and the judiciary, and (v) ensuring effective prosecution.

(cid:1)  Improve the enforcement of civil decisions.

(cid:1)  Continue efforts to develop an effective probation system.

(cid:1)  Develop and implement a strategy for the reform of the judiciary that will:

– 

– 

– 

(i)  Ensure  full  independence  of  the  judiciary  in  particular  by:  establishing  a
transparent system for recruiting and selecting magistrates; abolishing the provision
allowing senior officials to be appointed judges without having to pass an exam; and
introducing  transparent  legal  procedures  for  removing  judges  from  office  and  for
sanctioning them for misconduct.

(ii) Enhance the professionalism of the judiciary in particular by: improving training
programmes  in  the  National  Institute  for  the  Magistracy  (NIM);  strengthening  the
ability of the Training Centre for Clerks to deliver both initial and in-service training;
and  developing  training  for  other  legal  professionals  such  as  lawyers,  notaries,
bailiffs, court clerks and staff of the Ministry of Justice.

(iii)  Improve  the  administration  of  courts  in  particular  by:  modernising  case
management  and  filing  systems;  developing  clear  criteria  for  case  assignment;
systematic  introduction  of  Alternative  Dispute  Resolution;  extending  access  to  free
legal aid; and upgrading court equipment and infrastructure.

(cid:1)  Continue  the  process  of  police  reform  and  modernisation  in  particular  by:  completing
internal reorganisation; continuing efforts for police officers to fully respect basic human
rights;  broadening  the  use  of  community  policing  approaches ;  and  ensuring  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:1)  Revise  those  sections  of  the  Penal  Code  dealing  with  verbal  outrage,  slander,  offence
against authorities in order to ensure that they comply with the provisions of, and the case
law related to, the European Convention on Human Rights.

(cid:1)  Strengthen the legal certainty within the Romanian legal order by circumscribing the right
of the General Prosecutor to lodge extraordinary appeals (and in particular the appeal for
cancellation)  so  as  to  ensure  that  this  right  can  only  be  exerted  in  limited  cases  and
according to objective legal criteria.

8

Human rights and the protection of minorities

(cid:1)  Continue  alignment  of 

its  proper
implementation by making the Romanian National Council for Combating Discrimination
fully operational9.

the  acquis  on  anti-discrimination  and  ensure 

(cid:1)  Continue  the  reform  of  the  public  child  care  system  in  accordance  with  the  National
Strategy  on the  Protection  of Children  in Difficulty, by  focussing  on  closure  of  old-style
institutions, de-institutionalisation and prevention of institutionalisation through provision
of alternative social services for families and children.

(cid:1)  Develop  adequate  national  standards  for  all  child  protection  services,  including  the  re-
evaluation  of  sanitary  standards,  and  improve  the  capacity  of  the  National  Authority  to
perform inspections at the local level.

(cid:1)  Work  towards  closure  of  the  existing  special  schools  through  the  development  of  an

inclusive education system.

(cid:1)  Implement the national strategy on maternity hospitals, with a view to reducing the rate of

abandonment of children in such hospitals.

(cid:1)  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 in
place and the administrative capacity to implement the new legislation is ensured.

(cid:1)  Provide adequate  financial support and administrative capacity in order to implement  the

national strategy on the improvement of the situation of Roma.

(cid:1)  Provide adequate financial support and administrative capacity in order to implement  the

national strategy on the improvement of the situation of persons with handicap.

Economic Criteria

(cid:1)  Continue to reduce the rate of inflation.

(cid:1)  Reduce inter-enterprises arrears.

(cid:1)  Ensure a tight control of the wage bill in the public sector.

(cid:1)  Improve  bill  collection  rates  in  the  energy  sector  and  adapt  regulated  prices  in  line  with

cost developments.

(cid:1)  In the fiscal sector, reforms should: improve budgetary procedures and the management of
public  expenditures;  simplify  tax  regulation;  and  improve  the  functioning  of  the  tax
administration.

(cid:1)  Improve the efficiency of bankruptcy procedures.

(cid:1)  In  the  financial  sector:  significantly  advance  the  privatisation  of  the  banking  sector;

develop the non-banking financial sector; and develop financial intermediation.

9 See also chapter social policy and employment

9

                                                
(cid:1)  Improve enforcement of property rights.

(cid:1)  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:1)  Accelerate progress in public enterprise reform, including the completion of restructuring

plans, the privatisation of viable entities and the liquidation of unviable ones.

(cid:1)  Stabilise  rules  governing  privatisation  and  business  operation  and  increase  their

transparency.

(cid:1)  Increase the volume and quality of public investment, including infrastructure, education,

environment and health.

(cid:1)  Reduce levels of direct and indirect state aid and ensure that restructuring conforms to the

competition and State Aid acquis so as to create efficient and competitive firms.

Chapters of the Acquis:

Free movement of goods

(cid:1)  Continue  the  transposition  of  all  New  Approach  Directives  and  ensure  that  all  European
harmonised standards are transposed into Romanian standards. Support the development of
the  institutional  capacity  of  conformity  assessment  bodies  and  laboratories.  Clarify
responsibilities  and  reinforce  market  surveillance  in  areas  covered  by  New  Approach
Directives.

(cid:1)  Complete alignment with the acquis for sector specific legislation for areas covered by Old

Approach Directives.

(cid:1)  Establish  a  market  surveillance  system,  and  prepare  both  the  administration  and  food
operators  to  apply  EC  principles  of  food  safety.  Re-structure  the  food  control  system.
Abolish the pre-market approval system for foodstuffs.

(cid:1)  Allocate  increased  resources  (both  in  terms  of  equipment  and  of  staff)  to  improve  food

control services.

(cid:1)  Pursue  alignment  of  legislation  on  public  procurement  and  ensure  its  appropriate

implementation.

(cid:1)  Screen  legislation  in  the  non-harmonised  area  to  ensure  that  it  is  in  compliance  with
Articles 28-30 of the EC Treaty and eliminate the provisions in breach of it. Take steps to
establish administrative arrangements for the future  monitoring in  this  area.  Integrate  the
principle of mutual recognition into relevant legislation on goods.

(cid:1)  Reinforce  administrative  capacity,  in  particular  with  regard  to  implementation  of  New

Approach Directives and the acquis on industrial products.

10

Free movement of persons

(cid:1)  Continue  to  align  legislation  on  mutual  recognition  of  professional  qualifications,
addressing  in  particular  shortcomings  identified  in  the  area  of  mutual  recognition  with
respect to curricula and training of nurses, doctors, dentists, midwives and pharmacists.

(cid:1)  Align legislation with Community rules on nationality and language requirements.

(cid:1)  Continue  alignment  with  the  acquis  in  the  fields  of  equal  treatment,  work  permits,

residence permits and supplementary pensions.

(cid:1)  Strengthen  public  employment  services  with  a  view  to  participating  in  the  EURES

network. A particular emphasis should be put on language training for staff.

(cid:1)  Take preparatory measures to meet the financial and administrative obligations which will

result from application of the rules on co-ordination of social security.

Freedom to provide services

(cid:1)  Reinforce  the  supervision  of  financial  services  and  make  adequate  human  resources

available to implement new legislation.

(cid:1)  Improve  the  institutional  framework  of  financial  supervision  and  continue  to  pursue

alignment of legislation, particularly in the area of securities and insurance.

(cid:1)  Improve the prudential framework for the banking sector with regard to consolidation and

capital adequacy.

(cid:1)  Develop  rules  on  corporate  governance  for  the  financial  institutions  to  ensure  prudent

management and internal control procedures as a preventive mechanism.

(cid:1)  Conclude the screening of Romanian law in the area of non-financial services.

(cid:1)  Fully  align  data  protection  legislation  with  the  acquis,  with  special  attention  paid  to

implementation.

Free movement of capital

(cid:1)  Continue to align legislation and assure its subsequent effective implementation.

(cid:1)  Implement  the  provisions  of  the  second  Directive  on  money  laundering  and  ensure
the  European  Convention  on  Laundering,  Search,  Seizure  and

enforcement  of 
Confiscation.

(cid:1)  Abolish  restrictions  on  inward  direct  investment  concerning  discriminatory  provisions  in

sector specific legislation including citizenship and residence requirements.

(cid:1)  Liberalise capital movements in accordance with Romania’s liberalisation table.

(cid:1)  Adopt legislation to complete alignment with EU legislation on payment systems.

(cid:1)  Continue  to  liberalise  capital  movements  in  accordance  with  Romania’s  three-stage

liberalisation table.

11

Company law

(cid:1)  Make  further  progress  in  the  alignment  with  the  acquis  on  company  law  and  accounting
and pursue improvement of administrative capacity in this area, in particular with regard to
law enforcement.

(cid:1)  Reduce the level of piracy and counterfeiting by: (i) reinforcing the administrative capacity
of  enforcement  bodies of intellectual and  industrial property rights;  (ii) strengthening the
inter-institutional  network;  (iii)  improving  co-operation  among  enforcement  bodies
(notably the Police, Customs and the Judiciary); (iv) intensifying training for enforcement
bodies including judges and prosecutors; and (v) ensuring proper border controls.

(cid:1)  Transpose the Directive on copyright in the information society and the Directive on resale

rights.

(cid:1)  Improve  statistical  reporting  for  the  Copyright  Office  and  the  Office  for  Inventions  and

Trademarks.

(cid:1)  Transpose the acquis as concerns Economic Interest Groupings, as well as for provisions
on the jurisdiction and enforcement of foreign judgements in civil and commercial matters.

Competition policy

(cid:1)  Complete the legislative framework in both State aid and anti-trust.

(cid:1)  Further develop staff training in both the Competition Council and the Competition Office.

Intensify the training of the judiciary in the competition field.

(cid:1)  Increase awareness of the rules among all market participants and aid grantors.

(cid:1)  Improve  the  co-operation  between  the  Competition  Council  and  the  Competition  Office
and reinforce the standing of these two authorities in relation to Romanian Ministries and
other relevant authorities.

(cid:1)  In  the  field  of  anti-trust,  abolish  the  individual  notification  requirement  and  focus
resources on cases representing the  most  serious  distortions  of  competition.  Pursue  own-
initiative investigations and a deterrent sanctions policy.

(cid:1)  Ensure that competition rules take precedence over any anti-competitive legislation.

(cid:1)  In  the  field  of  State  aid,  upgrade  expertise  in  order  to  improve  the  quality  of  State  aid

decisions.

(cid:1)  Strengthen the right of competition authorities to oppose legislation under which state aid

is awarded.

(cid:1)  Improve State aid transparency, up-date the State aid inventory and prepare annual reports.

(cid:1)  Improve the State aid enforcement record, in particular by

– 

(i)  ex-ante  control  of  all  new  aid  measures  to  ensure  full  compatibility  with  the
acquis

12

– 

– 

(ii) enforcing the competition rules with regard to non-notified aid.

(iii)assessing  existing  aid  measures  in  Romania  under  which  State  aid  is  being
granted  to  bring  them  in  line  with  the  acquis  and  convert  previously  granted
measures into compatible aid.

(cid:1)  Ensure the compliance with Protocol 2 of the Europe Agreement on ECSC products.

Agriculture

(cid:1)  Ensure  adequate  allocation  of  human  resources  at  the  central  level  of  the  Ministry  of
Agriculture,  Food  and  Forestry  in  order  to  permit  the  correct  implementation  and
enforcement of CAP mechanisms.

(cid:1)  Reinforce 

the  administrative  structures 

the  more  efficient
implementation  and  management  of  SAPARD  measures;  similarly  reinforce 
the
administrative structures needed for the design, implementation, management, monitoring,
control and evaluation of EC-funded rural development programmes.

to  ensure 

in  order 

(cid:1)  Ensure rapid finalisation of the results of the general agricultural census.

(cid:1)  Reinforce  administrative  structures  in  order  to  improve  capacities  for  policy  formulation

and economic analysis.

(cid:1)  Target  the  new  state  support  policy  at  the  development  of  a  market  oriented  agricultural

policy and give more consideration to rural development.

(cid:1)  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).

(cid:1)  Continue  alignment  of  veterinary  and  phytosanitary  legislation  and  upgrade  inspection

arrangements, in particular at future external borders.

(cid:1)  Strengthen the administrative capacity to implement the food safety strategy.

(cid:1)  Accelerate the structural reform of the agricultural and agri-food sectors.

(cid:1)  Ensure  investments  to  complete  cadastre  reform  and  the  registration  of  property  titles  in

the land book offices.

(cid:1)  Regarding horizontal issues, pursue efforts in areas such as land registration, inter-branch

organisations, quality policy, the Farm Accountancy Data Network (FADN).

(cid:1)  Elaborate enforcement measures for the new wine law (in particular regarding the vineyard

register).

(cid:1)  Reinforce the administrative capacity to implement and enforce the acquis, in particular in
the veterinary and phytosanitary fields, where additional human and financial resources are
needed by the National Sanitary Veterinary Agency in order to complete the legal adoption
of the veterinary acquis.

13

Fisheries

(cid:1)  Complete the fishing register in full compliance with EC requirements.

(cid:1)  Develop a reliable system of fisheries statistics.

(cid:1)  Implement  recently  adopted 

the  main
legislation  governing 
administrative  structures  and  provide  adequate  institutional  resources  and  equipment
relating to inspection and controls at central and regional levels.

the  functioning  of 

(cid:1)  Clarify  administrative  responsibilities  between  the  Ministry  of  Agriculture,  Food  and

Forestry and the Ministry of Waters and Environmental Protection.

(cid:1)  Make  additional  staff  available  for  the  Fisheries  Department  within  the  Ministry  of

Agriculture, Food and Forestry.

(cid:1)  Strengthen  control  activities  by  putting  more  emphasis  on  training  fisheries  inspectors,
providing appropriate equipment, and increasing the number of  inspectors  for  controlling
sea fisheries.

(cid:1)  Prepare to implement regulations concerning resources management and control.

Transport Policy

(cid:1)  In  the  road  sector:  (i)  reinforce  administrative  capacity  for  implementing  the  fiscal  and
social/technical  acquis;  (ii)  continue 
implement  programmes  for  phasing-out
to 
discriminatory practices in road transport taxation/charging; (iii) continue to implement the
action  plans  to  retrofit  Romanian  lorries  with  speed  limitation  devices  and  recording
equipment;  (iv)  continue  to  implement  rules  on  driving  times  and  rest  periods;  and  (v)
implement  the  schedule  to  ensure  the  necessary  investments  for  upgrading  and
rehabilitating  the  road  network  up  to  EC  axle-weight  norms,  taking  account  of
environmental legislation and (vi) ensure that the roadside inspection of vehicles does not
give  rise  to  any  de  facto  discrimination  between  Romanian  and  EC  hauliers  and/or
vehicles.

(cid:1)  Continue  to  transpose  and  implement  the  maritime  safety  acquis.  Improve  the  maritime
safety record. Strengthen the maritime administration in charge of Flag State Control while
guaranteeing its independence.

(cid:1)  Continue  to  transpose  and  implement  the  inland  waterways  acquis.  Restructure  and
modernise the Romanian Danube fleet to increase its competitiveness and to prepare it to
comply with the EC technical requirements.

(cid:1)  Continue to transpose and implement the aviation and railways acquis.

(cid:1)  Ensure necessary administrative capacity is in place in order to prepare for the significant

investments needed in rail and road infrastructure.

14

Taxation

(cid:1)  Continue  legislative  alignment  with  particular  attention  to  VAT  exemptions,  refund
conditions,  taxable  scope  and  special  VAT  schemes,  as  well  as  excise  duties  levels,
structure and exemptions.

(cid:1)  Adopt the excise duty suspension regime (in particular the provisions on tax warehouses).

(cid:1)  Ensure  that  future  legislation  complies  with  the  principles  of  the  Code  of  Conduct  for

Business Taxation and revise the existing potentially harmful provisions.

(cid:1)  Strengthen  administrative  capacity  and  control  procedures  including  administrative  co-
operation and mutual assistance. Particular  attention should be given to (i) improving the
revenue  collection  and  the  refund  systems;  (ii)  preventing  fraud  on  VAT  refunds;  (iii)
setting up of a Taxpayer Register; (iv) implementing the Tax Administration Strategy; (v)
establishing a Code of Ethics and measures to apply such a code; (vi) assessing the human
resource requirements of the tax system; and  (vii) designing and implementing  a training
system covering both initial and in-service training.

(cid:1)  Develop IT systems so as to allow for the exchange of electronic data with the Community

and its member states.

Economic and monetary union

(cid:1)  Continue  to  align  legislation  with  the  provisions  of  the  acquis  regarding  central  bank
independence, the prohibition of privileged access of public sector authorities to financial
institutions and the prohibition of direct financing of the public sector.

(cid:1)  Fully harmonise government finance statistics with the ESA 95 requirements.

Statistics

(cid:1)  Further improve quality and coverage of statistics by ensuring that adequate resources are

made available to strengthen statistical capacities, including at regional level.

(cid:1)  Upgrade  statistical  methodologies  and  start  preparations  for  future  introduction  of  the

Intrastat system.

(cid:1)  Develop the capacity of staff within the statistics administration and ensure that levels of

staffing are not further decreased.

(cid:1)  Ensure  further  streamlining  of  the  tasks  and  responsibilities  of  the  eight  lead  regional

offices.

(cid:1)  Define a long-term strategy for statistical development.

(cid:1)  Continuously  renew  and  develop  Information  Technology  capacity  and  provide  further
training for central and regional staff in order to make effective use of the equipment and
the software applications.

15

Social policy and employment

(cid:1)  Continue alignment to the acquis in the area of labour law and implement the new Labour

Code and the other additional laws on the implementation of specific directives.

(cid:1)  Complete  transposition  of  the  acquis  in  the  field  of  equal  treatment  for  women  and  men
and  ensure  its  proper  implementation.  Adopt  the  law  on  maternity,  family  and  child
protection.

(cid:1)  Continue  alignment  of 

the  acquis  on  anti-discrimination  and  ensure 

its  proper

implementation.

(cid:1)  Continue transposition of the acquis on health and safety at work and strengthen the related
administrative and enforcement structures, in particular the Labour Inspectorates. Improve
the co-operation between the Ministry of Labour and Social Solidarity and the Ministry of
Health and Family.

(cid:1)  Continue to transpose and implement legislation on public health – including the acquis on
tobacco  control  -  and  improve  the  national  system  for  surveillance  and  control  of
communicable  diseases  in  line  with  Community  requirements.  Develop  a  health
monitoring and information system which meets EC standards.

(cid:1)  Strengthen  the  capacity  to  manage  health  sector  reform  in  a  comprehensive  manner  by
improving strategic planning for human and financial resources so as to make efficient use
of  public  funds  while  ensuring  equal  access  to  health  care.  Improve  accountability  and
transparency in the allocation and use of healthcare resources.

(cid:1)  Implement  the  National  Action  Plan  for  Employment,  taking  into  account  the  revised
European Employment Guidelines and the priorities,  commitments  and  recommendations
identified in the Joint Assessment of Employment Policy Priorities (JAP).

(cid:1)  Continue  to  develop  the  capacity  of  the  National  Agency  for  Employment  to  implement
active measures and employment programmes, strengthen its regional and local structures
and ensure appropriate capacity for management of European Social Fund type projects in
preparation for Structural Funds.

(cid:1)  Continue to support social partners’ capacity building efforts, in particular with a view to
their  future  role  in  the  elaboration  and  implementation  of  EC  employment  and  social
policy.  Particular  attention  should  be  paid  to  developing  capacity  in  new  policy  areas
including employment and social inclusion.

(cid:1)  Promote  autonomous  social  dialogue,  especially  at  the  enterprise  and  sectoral  level,  in

order to improve its coverage.

(cid:1)  Complete  the  secondary  legislation  necessary  for  implementing  the  new  law  on  social
assistance  and  develop  monitoring  and  control  systems  relating  to  social  assistance.
Complete and implement reform of  the  social  assistance system, (including  clarity in  the
decentralisation process) in line with the acquis.

(cid:1)  With  regard  to  the  implementation  of  the  social  assistance  law,  improve  interministerial
co-operation,  ensure  clarity  in  decentralising  responsibilities  to  the  local  level,  ensure
adequate staff numbers, and effective training of personnel as well as budgetary means.

16

(cid:1)  Implement  the  social  inclusion  and  anti-poverty  national  strategy  (including  data
collection) and adopt secondary legislation in order to clarify institutional responsibilities
of all bodies and authorities concerned.

Energy

(cid:1)  Align the energy strategy to the EC energy policy objectives and  ensure that it addresses
the  structural  problems  facing  the  sector:  (i)  increasing  levels  of  bill  payment  and  cost
recovery;  (ii)  the  reduction  of  arrears;  (iii)  removing  remaining  price  distortions  in  the
energy  sector,  whether  direct  or  indirect;  and  (iv)  restructuring  Termoelectrica  in  full
compliance with the EC acquis.

(cid:1)  Strengthen  the  administrative  capacity  of  the  newly  established  bodies  in  the  sector  (in

particular the energy regulators and the energy efficiency body).

(cid:1)  Continue  the  progressive  opening  of  the  gas  and  electricity  market.  Complete  the

legislative process including adoption of secondary legislation.

(cid:1)  Take measures to progressively build-up and manage oil stocks in line with the acquis.

(cid:1)  Reduce the energy intensity of the Romanian  economy, at all stages of the  energy cycle.
Support improving energy efficiency by increasing energy savings and enhancing the use
of  renewable  energy  sources.  Continue  transposition  of  the  energy  efficiency  acquis
(labelling appliances, minimum efficiency standards).

(cid:1)  Ensure compliance with Euratom requirements and procedures.

(cid:1)  Continue  to  implement  the  recommendations  contained  in  the  2001  Council  report  on
“Nuclear  Safety  in  the  Context  of  Enlargement”  and  in  particular:  (i)  strengthen  the
resources  and  capacities  of  the  Nuclear  Safety  Regulatory  Authority  in  a  sustainable
manner;  (ii)  continue  to  ensure  a  high  level  of  nuclear  safety  at  the  Cernavoda  Nuclear
Power  Plant  by  implementing  relevant  safety  improvements  adopted  in  similar  CANDU
plants,  conducting  the  required  safety  analysis  and  assessments  for  the  plant  and
strengthening  the  financial  and  human  resources  of  the  operator  of  Cernavoda;  and  (iii)
ensure timely implementation of the emergency operating centre at the Cernavoda site.

(cid:1)  Address issues of spent nuclear fuel and nuclear waste.

Industrial policy

(cid:1)  Strengthen  the  administrative  capacity  and  structures  necessary  to  implement  Romania’s

Industrial Policy Strategy with a particular focus on structures at regional level.

(cid:1)  Review  the  current  policy  framework  and  legislation  in  order  to  improve  the  access  of

enterprises (particularly SMEs) to investment finance.

(cid:1)  Continue implementation of measures to simplify and stabilise the business environment in

order to attract foreign investments.

17

Small and medium-sized enterprises

(cid:1)  Ensure  a  co-ordinated  approach  to  implementing  both  the  Action  Plan  for  Removing
Barriers  to  SMEs  as  well  as  the  Action  Plan  for  Removing  Administrative  Barriers  to
Business.

(cid:1)  Implement the European Charter for Small Enterprises.

(cid:1)  Take measures to avoid duplication of responsibilities and ensure that there is effective co-

ordination between the many different agencies involved in the sector.

Science and research

(cid:1)  Reinforce  research-related  administrative  capacity  and  infrastructure  in  order  to  increase
the  benefits  from  association  with  the  relevant  Community  Framework  Programmes
including the 6th Framework Programme (2002-2006).

Education and training

(cid:1)  Prepare  for  full  implementation  of  the  Directive  on  education  of  children  of  migrant

workers by the date of accession.

Telecommunications and information technologies

(cid:1)  Continue  alignment  with  the  acquis  and  adopt  further  implementing  legislation,  in

particular as regards postal services.

(cid:1)  Strengthen  independence  of  the  new  regulatory  authority  and  increase  training  and

financial investment to ensure that adequate administrative capacity exists.

(cid:1)  Complete the separation of regulatory and ownership interests.

Culture and audio-visual

(cid:1)  Continue to align legislation and develop the capacity of the National Audiovisual Council

to enforce the new audiovisual law in a predictable, transparent and effective way.

(cid:1)  Ensure that the restructuring made in the Ministry of Culture and Religious Affairs relating
to  audiovisual  affairs  will  not  affect  Romania’s  institutional  capacity  to  secure  effective
legislative alignment.

Regional policy and coordination of structural instruments

(cid:1)  Develop a national policy for economic and social cohesion and, in this context, regularly
update  and  improve  the  National  Development  Plan  (in  particular  through  further  co-
ordination  with  the  national  budgetary  and  policy-making  processes,  including  multi-
annual programming and budgeting).

(cid:1)  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..

18

(cid:1)  Establish a clear division of responsibilities at national and regional level and improve the

administrative capacity in terms of recruitment, career profiles and training.

(cid:1)  Improve  co-ordination  and  co-operation  between  ministries,  as  well  as  between  relevant

agencies and social and economic partners.

(cid:1)  Set up the required monitoring and evaluation system for the Structural Funds, in particular
for  ex-ante  and  ex-post  evaluation  and  for  the  collection  of  the  relevant  statistical
information and indicators.

(cid:1)  Develop  the  technical  capacity  to  conduct  projects  to  be  co-financed  by  the  Structural
Funds  (i)  select,  discuss  and  clarify  development  priorities  at  both  national  and  regional
levels, and (ii) identify, programme, and prepare projects.

(cid:1)  Address  both  legislative  and  administrative  aspects  relating  to  EC  requirements  on
financial  management  and  control  (control  and  audit  functions,  mobilisation  and
circulation of financial flows, national co-financing). Prepare to allocate control functions
and  in  particular  the  internal  audit  function  within  the  Managing  Authorities,  the  Paying
Authorities and if appropriate Intermediate Bodies.

Environment

(cid:1)  Complete  an  overall  assessment  of  the  situation  in  the  environment  sector  in  order  to

identify gaps to be filled.

(cid:1)  Improve the manner in which legislation is prepared by allowing for full consultation with
stakeholders  (including  other  ministries,  economic  operators  and  NGOs),  and  giving  full
consideration to the implementation requirements, including a thorough assessment of the
implementation costs.

(cid:1)  Develop  implementation  plans  together  with  financing  strategies,  to  outline  the  steps
needed to ensure full implementation in the medium and longer term. These plans should
take into account available resources and institutional strengthening, and further elaborate
mechanisms to monitor effective implementation.

(cid:1)  Ensure  progress  with  the  implementation  of  the  transposed  acquis,  including  through

securing the necessary financial resources.

(cid:1)  Improve  administrative  capacity  to  implement  the  acquis,  through  reinforcement  of
staffing both in the Ministry and in other relevant bodies. Particular attention needs to be
paid to enforcing capacity of the Environmental Protection Inspectorates at local level and
the regional level as well as to co-ordination between ministries.

(cid:1)  Ensure  that  sufficient  resources  are  available  at  the  local  level  to  improve  the  status  of

existing staff, to recruit new inspectors, and to train them adequately.

(cid:1)  Reinforce  structures  and  mechanisms  (including  co-ordination  between  ministries)  to
ensure  integration  of  environmental  protection  requirements  into  the  definition  and
implementation of all other sectoral policies so as to promote sustainable development.

19

Consumers and health protection

(cid:1)  Begin  implementation  of  the  five-year  strategy  for  the  National  Authority  for  Consumer

Protection.

(cid:1)  Improve  co-operation  between  the  relevant  actors  in  this  area  and  seek  a  clarification  of

their respective roles and tasks.

(cid:1)  Implement  existing  legislation  and  ensure  that  the  administrative  structures  are  able  to
operate effectively, in particular with regard to market surveillance and enforcement. Place
particular emphasis on safety aspects of non-food consumer products and allocate adequate
resources to laboratory testing.

(cid:1)  Increase consumers’ and producers’ awareness of the new regulations and promote the role

of consumer associations in developing and implementing consumer policy.

Justice and home affairs

(cid:1)  Continue  to  improve  border  management  by:  (i)  widening  the  scope  of  the  integrated
border  management  strategy  to  cover  all  borders;  (ii)  developing  an  integrated  sea
surveillance system; (iii) improving co-ordination and co-operation of all agencies working
at the border; (iv) filling vacancies in the border police; (v) modernising infrastructure and
equipment on the basis of the implementation of a multi-annual investment plan; and (vi)
increasing  the  use  of  risk  analysis  methods  and  strengthening  the  intelligence  function
within the border police.

(cid:1)  Implement  the  updated  Schengen  Action  Plan  and  continue  preparation  for  full

participation in SIS II by developing national databases and registers.

(cid:1)  Further improve visa arrangements by  (i)  continuing  alignment  with the  EU  positive  and
negative  lists;  (ii)  making  the  national  visa  sticker  more  secure;  (iii)  upgrading  the
administrative  capacity  of  the  visa  centre;  and  (iv)  provide  all  diplomatic  and  consular
offices with technical equipment for detecting forged and falsified documents.

(cid:1)  Continue alignment of asylum legislation with the EU acquis, ensure the full respect of the
non-refoulement principle, and implement the integration programmes for asylum seekers
and refugees.

(cid:1)  Prepare  the  infrastructure  to  ensure  the  full  implementation  of  the  regulations  relating  to

“EURODAC” and “Dublin II” upon accession.

(cid:1)  Develop  and  implement  a  strategy  to  combat  organised  crime  in  line  with  the  Pre-
Accession Pact on Organised Crime: (i) establish a framework for improved co-operation
and co-ordination between law enforcement agencies specialised in fighting various forms
of  crime  (with  special  attention  to  the  fight  against  financial  and  economic  crime,
trafficking in drugs, counterfeited goods and weapons); and (ii) provide further specialised
training in the above areas.

(cid:1)  Continue  efforts  to  combat  illegal  immigration  through  and  from  Romania,  with  special
attention  to  organisations  facilitating  the  illegal  entry  of  human  beings  (in  particular
women  and  children)  in  EU  member  states.  Increased  attention  should  be  paid  to  the
reintegration of returned persons, especially victims of human trafficking.

20

(cid:1)  Ensure  the  pre-requirements  to  the  conclusion  of  a  co-operation  agreement  with  Europol

are met.

(cid:1)  Continue the fight against drugs by: (i)  continuing to implement the  National Strategy to
Combat  Drug  Abuse  and  Illicit  Traffic  of  Drugs  and  Precursors;  (ii)  strengthening  the
administrative and co-ordinating capacities of the National Anti-drug Agency; (iii) legally
establishing a National Focal Point with a clear mandate that stipulates its main tasks and
responsibilities; and (iv) further developing the drug information system to  provide  more
accurate monitoring and assessment of the situation.

(cid:1)  Continue  preparation  for  full  implementation  upon  accession  of  third  pillar  customs  co-

operation conventions.

(cid:1)  Take  further  measures  to  ensure  implementation  of  the  EU  instruments  in  the  area  of
judicial  co-operation  in  civil  matters,  notably  as  regards  mutual  recognition  and
enforcement of judicial decisions.

(cid:1)  Amend  legislation  in  order  to  accede  to  and  implement  the  EU  Convention  on  Mutual
Assistance in Criminal Matters upon accession. Take the necessary steps to prepare for full
implementation  upon  accession  of  the  instrument  applying  the  principle  of  mutual
recognition and in particular the European arrest warrant and the Framework Decision on
the execution of orders freezing property or evidence.

(cid:1)  Continue  alignment  with  the  EU  acquis  on  the  criminal  law  protection  of  the  financial

interests of the Communities (1995 Convention) and implement relevant legislation.

(cid:1)  Ensure legislative alignment with the EU acquis on the criminal law protection of the euro

against counterfeiting.

Customs union

(cid:1)  Complete the approximation of the customs legislation, in particular with regard to rules of

origin and the status of free zones.

(cid:1)  Improve co-operation between customs services and other enforcement bodies.

(cid:1)  Take measures to ensure the uniform application of customs procedures in the whole of the

customs territory.

(cid:1)  Combat irregularities by increasing the use of risk analysis methods and strengthening the

intelligence function within the customs administration

(cid:1)  Continue efforts to implement the customs ethics policy and combat corruption within the

customs service.

(cid:1)  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:1)  Reinforce  administrative  and  operational  capacity  in  the  field  of  customs  enforcement.

Human resource requirements should be assessed and centralised training developed.

21

(cid:1)  Accelerate the implementation of the IT strategy of the Romanian customs administration;
develop  IT  systems  to  permit  the  exchange  of  computerised  data  within  the  enlarged
Community;  prepare 
(Common
for 
Communications Network/Common Systems Interface).

installation  and  operation  of  CCN/CSI 

(cid:1)  Take steps to prepare for implementation, at the time of accession, of the commitments in
the areas of collection and control of Community own  resources  and  management  of  the
customs aspects of the common agricultural policy (control of export refunds etc.).

External Relations

(cid:1)  Undertake  an  analysis  of  all  international  treaties  and  agreements  in  order  to  ensure  that
preparations are made so that those which are incompatible with the acquis are terminated
or renegotiated in due time.

Financial control

(cid:1)  Develop  institutional  capacities  for  the  correct  application  of  the  Law  on  Preventive
Financial  Control  and  the  Law  on  Internal  Audit.  A  particular  requirement  is  the
generalisation  of  functionally  independent  internal  audit  units  in  public  institutions,
reorganised  in  compliance  with  the  provisions  settled  by  the  new  law  on  public  internal
audit.  Particular  attention  should  be  given  to  institutions  responsible  for  management  of
EC funds.

(cid:1)  Set  up  the  Central  Harmonising  Unit  of  Public  Internal  Audit,  responsible  for  the
elaboration and adaptation of a unitary legal framework in the field of public internal audit
activity.

(cid:1)  Ensure  the  independence  of  the  Romanian  Court  of  Accounts  through  a  constitutional
amendment  in  line  with  international  standards  as  regards  the  organisation  of  supreme
audit institutions.

(cid:1)  Enhance the procedures for parliamentary scrutiny of Court of Accounts audit findings and

improve the transparency and dissemination of the Court of Accounts’ reports.

(cid:1)  Develop  and  implement  standards  for  external  audit,  conforming  to  internationally
accepted  external  audit  standards  and  in  line  with  the  EC  acquis.  Effective  staff  training
should be further developed.

(cid:1)  Ensure  the  correct  implementation  of  the  provisions  with  regard  to  the  treatment  of

irregularities under PHARE, SAPARD and ISPA.

(cid:1)  Ensure  the  operational  effectiveness  and  operational  independence  of  the  anti-fraud  co-
ordinating  service  (AFCOS),  and  implement  effective  co-operation  with  OLAF  through
this service. Give priority to the development of mechanisms for administrative enquiries
and for the judicial follow-up of anti-fraud investigations.

(cid:1)  Take the necessary steps to prepare for implementation of the acquis on the protection of

the euro against counterfeiting.

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Budget

(cid:1)  Continue  to  build  up  technical  and  administrative  capacity  as  regards  the  preparatory
activities related to operational management of own resources. Continue efforts to define
the  necessary  procedures  and  organisational  arrangements  and  develop  the  necessary
capacities  to  co-ordinate  the  calculation,  monitoring,  payment,  control  and  evaluation  of
funds to and from the EC budget in accordance with the acquis on own resources.

(cid:1)  Improve the capacity to calculate the VAT resource base according to ESA 95 standards.

(cid:1)  Begin  development  of  the  reporting  system  on  cases  of  fraud  and  irregularities  and  the

accounting system in the field of Traditional Own Resources.

(cid:1)  Start action on the organisational aspects and associated administrative capacity as regards
sugar levies, with particular attention to establishing the structure, responsibilities and the
way of functioning for the Payment and Intervention Agency.

5. 

PROGRAMMING

For the period 2000-2006, in addition to PHARE, financial assistance to Romania comprises
support  for  pre-accession  measures  for  agriculture  and  rural  development  through  the
pre-accession  instrument  SAPARD  (Council  Regulation  (EC)  No  1268/99,  OJ  L  161,
26.6.1999,  p.87);  and  support  for  infrastructure  projects  in  the  fields  of  environment  and
transport  through  the  structural  instrument  ISPA  (Council  Regulation  (EC)  No  1267/99,
OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the cohesion fund in
the pre-accession period. Under these national allocations, Romania can also fund part of its
the  Research  and  Technological
participation 
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  candidate
countries 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.

in  community  programmes 

including 

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  and  the  roadmap  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

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Europe  Agreement  sub-committees  provide  the  possibility  to  review  implementation  of  the
Accession  Partnership  priorities  as  well  as  progress  as  regards  legal  approximation,
implementation  and  enforcement.  The  Association  Committee  discusses  overall
developments,  progress  and  problems  in  meeting  the  Accession  Partnership’s  priorities  as
well as more specific issues referred to it from the sub-committees.

The  PHARE  Management  Committee  ensures  that  actions  financed  under  all  three  pre-
accession instruments, PHARE, ISPA, and SAPARD, are compatible with each other as well
as  with  the  Accession  Partnerships  as  laid  down  in  the  Co-ordinating  Regulation  (Council
Regulation (EC) No 1266/99, OJ L 161, 26.6.1999, p. 68).

The  Accession  Partnership  will  continue  to  be  amended  as  necessary  in  accordance  with
Article 2 of Regulation (EC) No 622/98.

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