Opinion of the Committee of the Regions on the Proposal for a Council Decision on the principles, priorities and conditions contained in the European Partnership with Croatia
Date: 2005-10-13
Institutions: European Committee of the Regions
Subjects: Association Council (EU), Croatia, accession to the European Union, association agreement (EU), protection of minorities

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Official Journal of the European Union

4.4.2006

2.21
calls on the EU's local and regional authorities to
make gender equality a fully fledged part of their decentralised
cooperation projects,
for example by means of projects
focusing on female access to education, or to micro-funding for
commercial activities;

notes

2.22
that on 31 May 2005 the Commission
submitted a proposal for a decision on the European Year of
(2007) — Towards a Just Society,
Equal Opportunities for All
which the Committee will address in a separate opinion.

Nevertheless, in order to ensure that 2007 gives a new impetus
to the practical application of European legislation to combat

Brussels, 13 October 2005.

discrimination, and gender-based discrimination in particular,
the CoR invites the EU institutions, as of now, to make use of
its services as an information and action relay for the EU's local
and regional authorities;

draws attention to the requirement

for territorial
2.23
cohesion in the financial perspectives for 2007-2013 and
stresses the importance of the future Structural Funds conti-
nuing to support women's initiatives at local level, especially in
the most disadvantaged regions in the EU.

The President

of the Committee of the Regions

Peter STRAUB

Opinion of the Committee of the Regions on the Proposal for a Council Decision on the princi-
ples, priorities and conditions contained in the European Partnership with Croatia

(2006/C 81/11)

THE COMMITTEE OF THE REGIONS,

HAVING REGARD TO the Proposal for a Council Decision on the principles, priorities and conditions
contained in the European Partnership with Croatia (COM(2004) 275 final);

HAVING REGARD TO the European Commission's decision of 17 November 2004 to consult it under
the first paragraph of Article 265 of the Treaty establishing the European Community;

HAVING REGARD TO its Bureau's decision of 15 June 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 June 2003 Thessaloniki European Council and
the December 2004 Brussels European Council;

HAVING REGARD TO the Council Decision of 13 September 2004 on the principles, priorities and
conditions contained in the European Partnership with Croatia;

HAVING REGARD TO the European Parliament report on the application by Croatia for accession to
the European Union (A5-0206/2004);

HAVING REGARD TO the 2003 European Commission report on stabilisation and association;

HAVING REGARD TO the April 2004 Communication from the Commission: Opinion on Croatia's
application for membership of the European Union (COM (2004) 257 final);

HAVING REGARD TO the Council Decision concerning the conclusion of the association and stabilisa-
tion agreement between the European Communities and their Member States, of the one part, and the
Republic of Croatia, of the other part;

HAVING REGARD TO the Council Decision of 3 October 2005 in favour of opening accession negotia-
tions with Croatia;

HAVING REGARD TO the declarations and recommendations adopted by the EU-Croatia Joint Parlia-
mentary Committee on 5 October 2005;

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HAVING REGARD TO its draft opinion (CdR 499/2004 rev.2), adopted by the Commission for External
Relations on 30 June 2005 (rapporteur: Mr Gottardo, member of the Friuli Venezia Giulia Regional
Council (IT/EPP));

CONSIDERING the added value of Croatia's prospective accession to the European Union, in terms of
political stability and consolidating democracy in the Balkans, providing an example for the other countries
in the region;

WHEREAS respect for democratic principles, the rule of law, human rights, the rights of minorities and
fundamental freedoms is essential if a country is to benefit from Community assistance for strengthening
its institutions and preparing for accession to the European Union;

adopted the following opinion at its 61st plenary session, held on 12 and 13 October 2005
(meeting of 13 October):

The Committee of the Regions' comments and recommen-
dations

The Committee of the Regions:

1. Principles, priorities and conditions contained in the European

Partnership with Croatia

1.1 welcomes the introduction of the European partner-
the Western
ship, based on the Thessaloniki Agenda for
Balkans, and the priorities highlighted by the Commission
regarding Croatia; and expects to be involved in the assess-
ment to be carried out at the end of the set period with regard
to the short-term priorities and, in particular, political priorities
such as democracy, the rule of law, human rights and the
protection of minorities;

that

stresses

and
administrative
1.2
training of administrative staff are absolutely essential
in
Croatia in order for it to address the priorities arising from its
accession obligations and to undertake the necessary fight
against corruption;

capacity-building

considers,

1.3
in this connection, that twinning with EU
Member States' regional and local administrations is one of the
tools which can be used to help improve the work of the
public
the Association
Council to make use of the CoR and its ability to provide a
wide range of expertise in this area;

administration;

therefore

invites

Croatian community, not just at municipal and town level but
at county level too; therefore stresses the need to bring the
law on the territories of regions, towns and municipalities into
line with the constitutional law on the rights of national mino-
rities and the law on the languages of national minorities, in
order to ensure the effective use of two languages in those
towns and municipalities whose respective Statutes
regions,
provide for both Croatian and the minority language to be offi-
cial languages;

1.6
calls for a public evaluation of coordination and coop-
eration between central and local authorities regarding refugee
return, reconstruction and repossession of houses, implementa-
tion of
the legislation providing for compensation for lost
tenancy and/or occupation rights, and combating discrimina-
tion on the grounds of nationality or ethnic group in employ-
ment — these are fundamental for social and economic reinte-
gration of
returnees, which should be based on regional
programmes and seen as an integral part of local development;

notes the call

1.7
from national minorities for Croatian
electoral law to recognise ‘dual voting’ (political and ethnic) for
national minorities in Croatia, as provided for by the Constitu-
tion and by the Constitutional Law on National Minorities;

stresses the need for ethnic pluralism in Croatia to be

1.8
duly represented in public radio and television services.

1.4 welcomes the constitutional guarantees for national
minorities which are an integral part of Croatian society and
their necessary representation in central, regional and local
the Roma
endeavours
governments, and the
minority; also welcomes the creation of joint ‘minority-central
government’ interministerial commissions;

to protect

1.5
stresses the need to ensure bilingualism in local public
administrations wherever there are indigenous communities or
communities belonging to linguistic minorities other than the

2. Entry into force of the Stabilisation and Association Agreement

(SAA)

2.1 welcomes the entry into force, on 1 February 2005, of
the Stabilisation and Association Agreement with the Republic
of Croatia, which forms the legal framework for EU-Croatia
relations throughout the pre-accession period, and hopes that
the SAA will genuinely advance the integration process and, at
the same time,
strengthen relations between the parties,
providing a broad partnership which involves Croatian regional
and local authorities in its implementation;

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2.2
points out that the SAA provides, in particular, for a
Stabilisation and Association Parliamentary Committee to be
set up, seeking to develop political dialogue between the parties
in order to establish ‘close links of solidarity and new forms of
cooperation’ (1);

3.5
points out the need to confirm the full cooperation of
the Croatian government with the International Criminal
Tribunal
the
accession negotiations process;

for the former Yugoslavia (ICTY)

throughout

2.3
notes, in particular, the intention expressed in the SAA
to promote political dialogue between the parties using ‘any
other means which would make a useful contribution to conso-
lidating, developing and stepping up this dialogue’ (2);

3.6
considers the opening of negotiations to be a historic
opportunity for the EU and the Balkans and welcomes the
creation of a Croatia Task Force, which will give its opinion on
full cooperation with the ICTY;

2.4
at the same time, regrets that, unlike in the case of
previous candidate countries, neither the SAA, nor the Stabili-
sation and Association Council, nor the Council decision on its
Rules of Procedure provide for the specific creation of an asso-
ciation committee of regional and local representatives;

to

therefore calls for the Stabilisation and Association
2.5
Council,
in order to make a useful contribution to consoli-
dating, developing and stepping up political dialogue (3), to
endeavour
consultative
committee, which, as such, would promote political dialogue,
rapprochement between Croatia and the European Union,
regional cooperation and the development of good neighbourly
relations, the culture of subsidiarity and the development of
local democracy.

a CoR-Croatia

create

joint

3. Opening of accession negotiations

points out that the mutual, ultimate aim in the negotia-

3.1
tions is Croatia's full membership of the European Union;

3.2
trusts that any transitional measures and safeguard
clauses introduced will respect the EU's interests, particularly as
regards competition and the functioning of the internal market;

3.3
stresses Croatia's natural suitability for EU membership
and the Croatian people's sincere desire to join the European
Union; the opening of negotiations has prevented that desire
being further dampened and political stabilisation in the region
being held back;

3.4 welcomes the opening of accession negotiations for
Croatia to join the EU, on the basis of a political decision
which took into due account compliance with the Copenhagen
criteria and with the stabilisation and association conditions
established by the Council in 1997 (cooperation with the Inter-
national Criminal Tribunal
for the former Yugoslavia and
regional cooperation, which is deemed to be an integral part of
the Stabilisation and Association Agreement
signed with
Croatia); moreover, stresses the need, during the negotiations,
if appropriate, require
to monitor,
tangible progress to be made in the field of the rights of mino-
rities, refugee return policy, non-discrimination in the purchase
of real estate by Community citizens, and judicial reform;

further consolidate and,

3.7 welcomes the Commission's adoption of
the nego-
tiating framework and the proposal to increase the number of
negotiating chapters to 35, breaking large chapters down into
smaller ones and thereby facilitating the negotiation process
and making it quicker and more effective, particularly where
agricultural policy is concerned; asks to be consulted on the
Commission's annual Regular Reports on Croatia's progress
towards accession;

3.8
calls upon the Commission to involve it in the formal
process of monitoring and analysing transposal of the acquis,
so that it can assist the Commission in the task of assessing
how prepared Croatia is in specific areas of the negotiations, to
which it could bring the benefit of its added value, particularly
as regards the desired cooperation with regional and local
authorities on the cohesion acquis (chapter 22); asks to be
regularly updated by the Commission and the Council on the
benchmark for this negotiating chapter;

independent

3.9
stresses that, in order to ensure the rapid progress of
the forthcoming negotiations and the transposal of the Com-
munity acquis, the Croatian institutions must build up capacity
to manage the administrative and legal systems; this requires an
efficient,
judicial system and a properly-func-
tioning public administration which reflects European standards
and concerns itself with the procedures for selecting and hiring
staff in all public bodies; proposes, to this end, that coopera-
tion and twinning schemes be provided for right from the pre-
negotiation phase,
including between Croatian regional and
local administrations and those of the EU Member States;

3.10
encourages the Croatian authorities to continue to
implement anti-corruption measures, particularly the aware-
ness-raising campaign of the Office for the Suppression of
Corruption and Organised Crime (USKOK);

3.11
calls for regional cooperation to be pursued in the
Balkans in accordance with the Thessaloniki Agenda agreed in
June 2003, in a spirit of cross-border cooperation — a tried
and tested practice among the EU Member States; calls, in par-
ticular, for swift resolution of the regional dispute over the sea
border with Slovenia and the Piran Bay;

(1) Articles 7 and 9, Title II – Political dialogue (SAA) , Article 116

(SAA)

(2) Article 8, Title II – Political dialogue (SAA)
(3) Article 8(2), Title II – Political dialogue (SAA)

encourages the Croatian counties to pursue their
3.12
policy of active cross-border cooperation, and of participation
in and creation of Euroregions, thereby confirming their Euro-
pean orientation.

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4. Community pre-accession assistance

4.1 welcomes the decision to extend to Croatia the pre-
accession financial instruments (Phare, ISPA and Sapard) as of
2005 and the new pre-accession financial
instrument as of
2007, and points out that the cofinancing mechanism should
always be used with due regard for sound financial manage-
ment and cost-effectiveness;

4.2
stresses the need for the Commission, as the body
responsible for the practical coordination of support measures,
to monitor the rate of absorption of Community funds and
assess the impact of the programmes set up in Croatia thus far,
particularly the twinning programmes (Border Police, Customs,
Statistical Agency, and Asylum), and asks to be regularly
updated in this regard;

4.3
calls upon the Commission, under the CARDS regu-
lation and upon the expiry of the Country Strategy Paper for
2002-2006, to provide an assessment of the effectiveness of
administrative capacity-building measures;

4.4
recommends that, in future, Croatian regional and local
authorities play an active role in the pre-accession assistance
coordination mechanisms put in place by the Commission, and
that they be involved in planning strategies and defining priori-
ties for regional development; to this end, stresses the urgent
need for pre-accession funds to be used to train the administra-
tive staff of local and regional authorities for this task;

4.5
highlights the great disparities between the levels of
development of the different NUTS II areas in Croatia, and
stresses the need for priority to be given in the use of Euro-
pean funds to measures for reducing unemployment, particu-
larly in the most disadvantaged areas;

4.6
highlights the benefit of basing national regional devel-
opment policy on a single legal instrument in order to avoid
different approaches being taken in the various measures, as
has been the case thus far, and the benefit of planning national
regional development measures on a multi-annual basis;

Brussels, 13 October 2005.

4.7
calls for Croatia to be able to participate, as of 2007, in
the interregional and cross-border projects provided for under
the new cohesion policy cooperation objective;

4.8
proposes that the case be considered for enabling repre-
sentatives of cross-border regions of the candidate countries to
take part, at least as observers, in future European groupings of
cross-border cooperation (EGCC);

4.9
calls upon the EU budgetary authority to provide
appropriate financial instruments, for use by Croatian regional
and local authorities in twinning or cooperation schemes with
EU regional and local authorities and the CoR, to inform the
public about the benefits of EU accession.

5. Implementation of the 2001 constitutional reform on devolution

5.1
points out that implementation of the subsidiarity prin-
ciple in Croatia is one of the keys to bringing the Croatian
people closer to the European project;

5.2 welcomes the amendments made to the Croatian
Constitution in 2001, relating to subsidiarity and regional and
local self-government;

5.3
notes the Commission's criticism in its 2003 Stabilisa-
tion and Association report for Croatia, particularly with regard
to the sluggishness of the devolution process, and stresses the
overall pessimism expressed regarding the ability of counties,
towns and municipalities to cope with their new responsibil-
ities because they lack financial and management autonomy;

5.4
is concerned about the effective lack of own revenue
and of the necessary autonomy in tax collection, which is
fundamental
for the consolidation of a genuine devolution
process;

5.5
calls for the laws on regional and local self-government,
particularly in the education and health sectors, to remain true
to the spirit of the 2001 constitutional reform and not to dilute
the devolution process which started then.

The President

of the Committee of the Regions

Peter STRAUB