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
Date: 2005-07-06
Institutions: European Committee of the Regions
Subjects: Bulgaria, 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

THE COMMITTEE OF THE REGIONS,

(2006/C 31/05)

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) 1199, 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 resolution on Bulgaria's progress towards accession (COM(2004)
0657-I6-150/2004 — 2004/2183(INI));

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 recommendation of its EU-Bulgaria JCC on Strengthening regional and local administra-
tive capacities in the Republic of Bulgaria of 2 April 2004 (CdR 33/2004 fin);

Having regard to the declaration of cooperation signed with the National Association of Municipalities in
the Republic of Bulgaria on 12 December 2001;

Having regard to the cooperation agreement between the National Association of Municipalities in the
Republic of Bulgaria and the Government of the Republic of Bulgaria signed on 11 December 2001;

Having regard to its draft opinion (CdR 497/2004 rev. 1) adopted on 26 April 2005 by the Commission
for External Relations (rapporteur: Tilman Tögel (DE/PES), Member of the Saxony-Anhalt Landtag);

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

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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 Bulgaria and Romania 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 Bulgaria and Romania 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, provided that they
have met all the conditions of accession by that date;

thereby enabling these two countries

course of accession, and considers that an information
levels in
campaign should be launched at local and regional
both countries to explain the constitution to the public,
in
order to bring home to them what the values of the European
Union are and how it works;

1.1.12 welcomes the presidency conclusions of the Euro-
pean Council of 16 and 17 December 2004 on opening acces-
sion negotiations with Croatia, and notes that the commence-
ment of accession negotiations has been postponed until such
time as
full cooperation with the International Criminal
Tribunal for the Former Yugoslavia (ICTY) has been confirmed;

1.1.13 welcomes the presidency conclusions of the Euro-
pean Council of 16 and 17 December 2004 on opening acces-
sion negotiations with Turkey on 3 October 2005, and
stresses the need for these negotiations to be conducted
without any preconceived views as to their outcome;

envisages

an opportunity for

1.1.14
to
support regional and local authorities in the applicant countries
in their preparations for accession by entering into partnerships
with them;

its members

Observations on the

1.2
progress on the road to accession SEC(2004)1199

regular

report on Bulgaria's

The Committee of the Regions

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;

1.2.1
acknowledges Bulgaria's economic achievements in
terms of overall economic stability, structural reform and
economic growth, but is also aware of continuing problems
with unemployment, which is still too high;

emphasises the need to intensively monitor

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

that

points out

1.1.8
and
Romania can be postponed by a year if the requisite reforms,
especially in the fields of justice, home affairs, administration
and competition law, have not been completed;

the accession of Bulgaria

stresses that it can support Bulgarian and Romanian
1.1.9
local and regional authorities
in the pre-accession phase
through intensive involvement of observers from the countries
affiliated to it after the signing of the accession treaties;

expresses its willingness to pursue an active infor-
1.1.10
mation policy in order to secure broad support for Bulgarian
and Romanian accession during the ratification process;

this

that

notes

information policy should also
1.1.11
include the draft Treaty establishing a Constitution for Europe,
given that this is an integral part of the Community acquis
which will have to be ratified by Bulgaria and Romania in the

1.2.2
trusts that Bulgaria will continue its efforts to prepare
for accession in the remaining period and, in this connection,
will attach particular importance to making progress in the
fields of justice, home affairs and administration as called for
by the Commission;

points out that

1.2.3
the European Union is providing
significant financial support in the form of pre-accession aid,
which must also be used for capacity-building at local level,
partly in order to support and speed up implementation of
European cohesion policy;

1.2.4
tion have improved considerably;

notes that, as things stand, conditions for regionalisa-

1.2.5 welcomes the adoption of the regional development
act, which has laid the foundations for regional policy plan-
ning, and a more effective territorial structure, which has been
achieved by dividing the country into NUTS 1 regions for
statistical purposes;

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1.2.6 welcomes the current efforts by the government and
parliament to reform public administration, and acknowledges
the contribution this makes to more effective regional policy;

between central government and local and regional authorities,
and also horizontally between regions and municipalities;

explicitly supports the ongoing reforms of public
1.2.7
administration and the concomitant
reforms of municipal
administration, particularly the measures introduced through
the amendment of the municipal property act to give munici-
palities greater responsibilities of their own, to boost their
capacity, and to enhance their institutional and therefore their
financial autonomy;

2.7
notes that the local authorities are much more called
upon to create the requisite institutional framework for deploy-
ment of structural policy instruments; this especially applies to
the setting up of administrative agencies or to implementation
of the requisite institutional and/or organisational changes to
ensure that local authorities are better prepared to make use of
the Structural Funds;

1.2.8
acknowledges that building up the capacities of local
and regional authorities is a long-term process, which must
regularly be supported by disseminating information, holding
hearings and running tailor-made training programmes.

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 Bulgaria and the
European Union, and recommends that all EU Member States
ratify this treaty in good time so as to enable the EU to
welcome Bulgaria as a full member on 1 January 2007;

2.2
calls on Bulgaria to continue making productive efforts
to support this reform process by amending the state property
act accordingly,
in order to reflect the subsidiarity principle
even more closely;

2.3
recommends that further steps be taken in the devolu-
tion process, and also notes that the transfer of powers from
central to local-government or self-governing bodies should be
seen not only as a transfer of rights and obligations but also as
a transfer of facilities, funds and human resources;

2.4
recommends that the discussion also be continued in
the transition period on regional policy responsibilities in the
Republic of Bulgaria and the endeavours to strengthen the posi-
tion of local and regional authorities so that, by the time of
accession, Bulgaria will be equipped with effective local admin-
istrative structures which are able to meet the demands of the
single market;

2.5
notes that strengthening the role and powers of local
and regional authorities, for example in property allocation and
cooperation
administration,
between central and local authorities,
thereby giving local
authorities a more propitious point of departure from which to
implement EU measures and to make use of Structural Funds;

constructive

essential

for

is

2.6
once again draws attention to the need to broaden
local and regional authorities' decision-making powers in line
with the subsidiarity principle and the principle of solidarity

points out that with a view to the establishment of effi-
2.8
cient regional and local self-government additional
legal and
organisational measures need to be taken to promote the
appropriate use of local resources, 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 providing for effective incen-
tives, and, moreover, given that local authorities' financial and
economic autonomy is a basic cornerstone of self-government,
recommends that particular attention be paid in this context
to the safeguarding and improved management of network
resources, facilities and services;

2.9
points out that, in their legislative activities, local and
regional authorities and municipalities take care to ensure that
EU rules already implemented under Bulgarian law at local and
regional level are enforced, insofar as these rules fall within the
remit of the authorities and municipalities concerned; this most
definitely applies to EU rules in areas such as public procure-
ment, the environment, competition and social policy;

voices its concern that the problem of integrating the
2.10
Roma population is still unresolved and that municipalities
bear most of the responsibility for finding a long-term solution,
and calls on local and regional authorities to work harder at
making jobs in local administrative structures available to
members of this population group, in keeping with the prin-
ciple of equal opportunity; in doing so, it is important to avoid
secondary discrimination within such structures (members of
the Roma population helping one another out);

2.11
points out that self-government instruments should be
used to speed up integration of the Roma population, with
support for measures within the Roma communities to ensure
that they are able to take over responsibilities in areas such as
security and welfare;

calls for the drafting and implementation of long-term
2.12
programmes at municipal
level to eliminate the problem of
separate residential areas (ghettos), involving the release of land
on which appropriate new housing for members of the Roma
population group can be constructed with their involvement by
means of public-private partnerships, and recommends greater
EU commitment to such projects;

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2.13
points out that the situation with regard to integration
of mentally handicapped persons is far from satisfactory, and
calls on municipal bodies to look into this problem and do
what they can within their powers to try and find appropriate
solutions;

2.14
notes that, in the context of the ambitious schedule
for the submission of its National Development Plan, Bulgaria
has committed itself to giving local and regional authorities
particular responsibility for establishing appropriate local and
regional development plans; as well as helping to draw up a
fitting National Development Plan, this will ensure that there is
scope for appropriate involvement of local and regional autho-
rities as equal partners in the implementation of the Structural
Funds;

2.15
also notes that special attention must be paid to the
application of the partnership principle, i.e. to the closer invol-
vement in this process of the regional, social and non-govern-
mental partners concerned;

2.16
recommends that aid from the pre-accession funds be
made available for the development of administrative structures
and capacities, and suggests that, when making this funding
available, due account should be taken of the importance of
local and regional authorities in implementing Structural Fund
programmes and other regional development initiatives;

Brussels, 6 July 2005.

emphasises that the constructive exchange of experi-
2.17
ence under
the existing partnership agreements between
Bulgaria and the EU Member States provides a basis for the
effective deployment of the Structural Funds at regional level;

also notes that existing direct partnership agreements
2.18
between individual
regions in the Member States and in
Bulgaria provide a vehicle not only for exchanging information
and experience, but also for direct cooperation, or the provi-
sion of human and material resources to help Bulgarian local
and regional authorities; there should be stronger support for
such a vehicle, which should be used to help achieve the
recommendations put forward here;

2.19
points out that continued success in the fight against
corruption is vital in order to boost the trustworthiness of local
and regional authorities in the public eye, in the eyes of Bulgar-
ia's EU partners and in the eyes of investors and the business
community;

2.20
in view of increasingly frequent reports of criminal
proceedings involving local and regional politicians, recom-
mends vigorous application of measures to eliminate the
causes of corruption; this will require measures to improve
financial administration and auditing, bearing in mind that,
while separation of these two activities is very important, it is
not the only option available.

The President

of the Committee of the Regions

Peter STRAUB