Opinion of the Committee of the Regions on the Communication from the Commission to the Council and to the European Parliament — Strategy Paper of the European Commission on progress in the enlargement process (Romania)
Date: 2005-07-06
Institutions: European Committee of the Regions
Subjects: Romania, accession to the European Union, enlargement of the Union

7.2.2006

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Official Journal of the European Union

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Opinion of the Committee of the Regions on the Communication from the Commission to the
Council and to the European Parliament — Strategy Paper of the European Commission on
progress in the enlargement process (Romania)

THE COMMITTEE OF THE REGIONS,

(2006/C 31/04)

Having regard to the Communication from the Commission to the Council and to the European Parlia-
ment: Strategy Paper of the European Commission on progress in the enlargement process COM(2004)
657 final — SEC(2004) 1200;

Having regard to the European Commission's decision of 29 November 2004 to consult it in accordance
with the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to its Bureau's decision of 28 September 2004 to instruct the Commission for External
Relations to draw up an opinion on the European Commission's strategy on progress in the enlargement
process;

Having regard to the presidency conclusions of the European Council of 16 and 17 December 2004 (No.
16238/04);

Having regard to the European Parliament
(COM(2004) 0657 — C6-0151/2004 — 2004/2184(INI));

resolution on Romania's progress towards accession

Having regard to the CoR's political priorities for 2002-2006, in which European enlargement is seen as
a unique event, which will ensure peace and stability and strengthen the integration process in Europe as a
whole;

Having regard to its resolution of 13 February 2003 on the European Commission's work programme and the
Committee of the Regions' priorities for 2003 (CdR 6/2003 fin (1));

Having regard to its opinion on the document Towards the enlarged Union — Strategy Paper and Report of
the European Commission on the progress towards accession by each of the candidate countries and on the Report
from the Commission to the Council: Explaining Europe's Enlargement (CdR 325/2002 fin (2));

Having regard to its opinion on the Communication from the Commission on the Action Plans for administra-
tive and judicial capacity, and the monitoring of commitments made by the negotiating countries in the accession
negotiations (CdR 244/2002 fin);

Having regard to the Joint Declaration of the Federation of Romanian Local Authorities and the
Committee of the Regions, signed in Bucharest with the occasion of the 11th conference of the Committee
of the Regions organised in the perspective of the European enlargement (3 October 2001) (3) and the
CoR's Essex Seminar on enlargement (5 November 2004) (4);

Having regard to the speech ‘Romania and the EU: common future, common challenges’, given by Mr
Olli Rehn, member of the European Commission responsible for enlargement, (Bucharest, 28 February
2005) (5);

Having regard to its draft opinion (CdR 496/2004 rev. 1) adopted on 26 April 2005 by the Commission
for External Relations (rapporteur: Mr Lars Abel, Member of Copenhagen County Council (DK/EPP);

adopted the following opinion at its 60th plenary session, held on 6 and 7 July 2005 (meeting of
6 July):

(1) OJ C 128, 29.5.2003, p. 53
(2) OJ C 128, 29.5.2003, p. 56
(3) CdR 5/2002 EN-LG/LA/fp.
(4) COR Essex Seminar (5 November 2004), Lars Abel, The enlargement of the EU to Romania: The evolution of decentralisa-

tion.

(5) Speech given at the Academy of Economic Studies, Bucharest, 28 February 2005.

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1. Views of the Committee of the Regions

1.1 General comments on the enlargement process

The Committee of the Regions:

1.1.1 welcomes European enlargement which took place
on 1 May 2004 with the accession of ten new Member States;

1.1.2
emphasises the fact that Romanian and Bulgaria are
also part of the current enlargement process, even though
accession will for various reasons only take place at a later
date;

1.1.3 welcomes
the conclusions and recommendations
submitted by the European Commission on 6 October 2004 to
the Council and the European Parliament in its regular report
and in the strategy paper on Bulgaria, Romania and Croatia;

1.1.4
shares the view that Romania and Bulgaria will be
capable of meeting commitments arising from EU membership
and of fulfilling the Copenhagen political criteria, and also that
they have functioning market economies;

1.1.5
endorses the signing of the accession treaties with
Bulgaria and Romania by the EU foreign ministers on 25 April
2005,
to become
members of the EU on 1 January 2007, in so far as they will
have fulfilled all conditions for accession as required;

thereby enabling these two countries

1.1.6
points out that the individual readiness of each appli-
cant country for accession has been a basic and proven prin-
ciple of previous enlargements;

emphasises the need to intensively monitor

1.1.7
the
systematic implementation of commitments made by Romania
and Bulgaria after the close of negotiations;

1.1.8
considers it appropriate to lay down, by means of
safeguard clauses, measures to respond to serious problems
that may arise before accession or during the first three years
after accession;

acknowledges the specificity of the safeguard clause
1.1.9
agreed with Bulgaria and Romania, which, based on a recom-
mendation of the Commission and with Member States acting
unanimously, may postpone the accession for one year; more-
over, notes that in the event of problems in the field of justice
and home affairs or competition in Romania this decision can
also be taken by qualified majority voting;

stresses that it can support Romanian and Bulgarian
1.1.10
local and regional authorities
in the pre-accession phase
through the intensive involvement of observers affiliated to the
CoR after the signing of the accession treaties;

1.1.11
expresses its willingness to pursue an active infor-
mation policy in order to secure broad support for Romanian
and Bulgarian accession during the ratification process;

1.1.12 welcomes the participation of Romania and Bulgaria
in the drafting of the Treaty establishing a Constitution for
Europe and very much supports the launching of a campaign
within territorial communities to explain and promote the
content of the Constitution, parting the spirit of the Com-
munity acquis, which could build-up citizens' attachment and
knowledge of European values and functioning;

1.1.13 welcomes the Presidency Conclusions of the Euro-
pean Council of 16 and 17 December 2004 to open accession
negotiations with Croatia and notes that accession negotiations
will not be opened until full cooperation with the International
Criminal Tribunal for the Former Yugoslavia (ICTY) has been
established;

1.1.14 welcomes the Presidency Conclusions of the Euro-
pean Council of 16 and 17 December 2004 to open accession
negotiations with Turkey on 3 October 2005;

envisages

an opportunity for

to
1.1.15
support regional and local authorities in the applicant countries
in their preparations for accession by entering into partnerships
with them;

its members

1.2 Observations on the
towards accession

regular

report on Romania's progress

The Committee of the Regions:

a. c on c e r n i n g
pr oc e ss:

loc a l

de moc r a c y

a n d

de volu t i on

acknowledges the positive developments reached by
1.2.1
Romania in 2004 in the field of local government through the
enhancement of the legal basis,
in particular the revision of
Constitution by introducing the concept of deconcentration,
the revamped strategy on the administration reform, the frame-
work law on decentralisation and the law regarding the prefect
institution (6);

1.2.2 welcomes the confirmed general consensus of all
political parties for the development of a public administration
reform, in particular the views and commitments of local and
regional authorities during their constructive participation in
the European accession process of Romania; and supports the
Romanian government established in December 2004 in conti-
nuing the administrative and fiscal decentralisation process and
strengthening the local autonomy, according to the regulations
laid down in the European Charter on local autonomy officially
agreed by Romania in 1997;

(6) The Constitution of Romania of 1991 revised in 2003, the frame-
work-law no. 339/2004 on decentralisation, the law no. 340/2004
on the institution of prefect.

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1.2.3
takes into consideration the measures foreseen by
the new governmental programme (7) regarding the efficiency
of governing, while founding full political and financial trans-
parency at local level and the participation of local government
in the national decision making process with respect of subsi-
diarity and proportionality principles;

shares

the views of

the European Commission
1.2.4
concerning the mismatching of financial and human resources
with the transfer of responsibilities at local level, which can
jeopardise an efficient public management;

1.2.5
emphasises the imperative need of qualified, moti-
vated and independent civil servants at local and county level
which must be addressed by earmarking sufficient funds for
training programmes and for the transfer of competences
through exchanges of good practice with EU Member State
local and regional authorities, and by providing effective incen-
tives;

1.2.6 meanwhile recognises that ensuring human resources
for a modern public administration is a long-lasting process,
but it represents a strategic measure to be taken to cope with
new challenges of European integration and management of
structural funds;

1.2.7
expresses its concerns with regards the scale of poli-
tical migration before last local elections of 2004 as noticed by
independent observers (8), which it believes may be
several
limited through a direct and transparent allocation of public
funds established on objective criteria between different levels
of authority and through an enduring practice of local democ-
racy as ‘the only game in town’;

underlines that corruption could still be a source of
1.2.8
concern at national and local
level, which could jeopardise
local democracy and the management of public and European
funds and therefore calls for its close monitoring by the Euro-
pean institutions;

the up-
strongly supports the implementation of
1.2.9
dated anticorruption strategy recently launched by the new
Romanian government, which should be accompanied by an
appropriate remuneration for judges; acknowledge the specific
measures taken to decrease the number of corruption-gener-
ating situations in the months since the new Government was
sworn in indicating the commitment of Romania to treat this
issue as a priority;

1.2.11
endorses an active participation of local government
in the legislative process through an early and effective consul-
tation in the drafting of laws affecting interests and responsibil-
ities of territorial authorities;

1.2.12
supports Romanian local authorities in developing
participation of citizens and young people in the communities'
life and in the launching of public
social and political
campaigns for promotion of a modern public administration;

b. conce r ni ng e conomi c de ve lop me nts:

acknowledges Romania's fulfilment of the economic
1.2.13
criterion of being a market economy which, accompanied with
vigorous implementation of structural reforms, will have the
capacity to cope with competitive pressure and market forces
within EU;

1.2.14
notes the achievements to be reached by Romania in
the field of competition, especially by making the legislative
and institutional framework work effectively, and welcomes last
measures taken by the government in this respect (9) and the
ongoing activities ensuring a fully satisfactory administrative
capacity; however, welcomes the structural reforms,
i.e. the
revised National Restructuring Strategy and the Individual Busi-
ness Plans which mean that no State Aid is granted and paid to
industry from 1 January 2005 to the end of the
the steel
restructuring period (10), but stresses that
the social conse-
quences which may have a direct effect on the territorial
communities should be taken into consideration as well;

1.2.15
is aware of the need of progress in the functioning
of the judiciary and public administration to create a better
business environment;

c. conce r ni ng the
c o m mu na u t a i r e ’:

i mple mentati on of

the

‘ac q ui s

1.2.16 welcomes the progress made in preparing for the
implementation of structural policies and adoption of legisla-
tion which creates mechanisms and instruments for a proper
use of structural funds;

strongly urges foreign companies and public autho-
1.2.10
rities who do business in Romania and who are targeted by
corrupt officials to act as corruption sensors by declining to
pay bribes and by informing the relevant authorities thereby
contributing to fight corruption;

(7) Romanian Government, Government

December 2004.

Programme

2005-2008,

(8) Besides the EC report 2004, see also the last report of the Congress
of local and regional authorities of Europe on the local and regional
elections in Romania, held on 6 June 2004, which estimates an
increase of
the local elected politicians for the ex-ruling social
democrat party from 27 % in 2000 to about 80 % in 2004, CG/Bur
(11) 25 Strasbourg, 16 July 2004 .

notes that further efforts are needed to strengthen
1.2.17
local and regional governance with a view to ensuring proper
implementation of the acquis in the fields they have acquired
remit and competences, specifically on public procurement,
transports,
infrastructure, roads, environment, social policies,
child protection and protection of minorities, health, education,
culture and transborder cooperation;

(9) Order of the President of the Competition Council NO 527/2004
(OJ No. 64/19.01.2005), No. 528/2004 (OJ No. 82/25.01.2005)
and the adopted Guide for a more pro-active approach in the enfor-
cement of competition rules No. 36/22.02.2005.

(10) A synthesis of the Restructuring Strategy was published in the Offi-

cial Gazette 127 of 9 February 2005.

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1.2.18
endorses the strengthening of administrative capa-
city at regional and local levels in the field of environment and
a better coordination between them and other relevant authori-
ties, to be able to implement the European legislation in key
sectors such as: water and waste management, air quality,
noise, nature protection, industrial pollution, chemicals etc.;

1.2.19
acknowledges the rather positive advancements in
the Roma Strategy
the policy and the implementation of
adopted in 2001 and calls for more co-ordination between
local and central level and efficient actions at county level in
fields like formation and education, while taking into account
cultural and social roots;

1.2.20
points out that further concrete improvements are
required at local, county and regional level to develop mechan-
isms for project identification, management, monitoring and
evaluation and in particular capacities for co-financing, in order
to reach the required level of absorption of EU funding by
2007;

1.2.21
emphasises that for the preparation to Structural
funds local authorities should make best use of the EU pre-
accession financial aid;

1.2.22 welcomes the existing National Development Plan
2004-2006, as a good first basis for the plan required under
the Structural Funds and calls for a deeper analysis for the
drafting of the 2007-2013 NDP, in line with the Romania's
conception for cohesion policy and European perspectives in
this field;

1.2.23
urges for a special attention to be paid to the consul-
tation and partnership principles, especially a closer and active
involvement of the local, county and regional authorities, as
well as social and non-governmental partners in the drafting of
the National Development Plan 2007-2013, and the opera-
tional programmes, and the subsequent implementation;

1.2.24
as consequence, calls for a better ownership and
consensus to be developed between counties within existing
regional structures and for a concrete participation of local
elected politicians to make possible the implementation of EU
programmes, the drafting of the future NDP 2007-2013 and
following control and use of the Structural funds;

1.2.25
urges for a solid construction in the establishment of
the regional policy in Romania, where local government is not
only invited to participate but also committed, according to the
interests of territorial communities.

Brussels, 6 July 2005.

2. Recommendations of the Committee of the Regions

The Committee of the Regions:

2.1 welcomes the conclusion of accession negotiations and
the signing of the accession treaty between Romania and the
European Union on 25 of April 2005, and recommends that
all EU Member States ratify this treaty in due time to enable
the EU to welcome Romania as a full member as from
1 January 2007;

2.2
recommends, in the period preceding the full accession,
a discussion on regional policy responsibilities in Romania and
the endeavours to strengthen the position of local and regional
authorities so that, by 2007, Romania will demonstrate effec-
tive local administrative structures able to meet the demands
and challenges of the membership in the EU;

2.3
therefore, supports the launching of a constructive and
result oriented debate in Romania focusing on devolution and
regionalisation process with the participation of
local and
central government and the EU concerned bodies, aiming to
improve existing territorial structures and decision making
process to efficiently develop regional policies and implementa-
tion of Structural funds after 2007;

looks forward to welcoming the 15 members repre-
2.4
senting regional and local bodies in Romania as observers in
the CoR, and regrets that it has not been possible to establish a
Joint Consultative Committee (JCC) with Romania in due time;

emphasises that promoting regional

trans-European
2.5
cooperation between Member States and accession countries is
a basis for an effective deployment of the Structural Funds and
of the European integration as a whole;

recommends the organisation as soon as possible of an
2.6
external event in Romania, whose main themes would be the
involvement of Romanian local and regional government in the
work of the CoR, the decentralisation process and the reform
of public administration. This event would serve as a response
to the invitation received from Romanian local government
associations and would be a concrete step to ensure CoR
regular support to the Romanian local and regional authorities
in both the further progress of the national decentralisation
process and the involvement of the local and regional level in
Romania's further approximation to the EU acquis.

The President

of the Committee of the Regions

Peter STRAUB