Proposal for a Council Decision on the Principles, Priorities and Conditions contained in the European Partnership with Bosnia and Herzegovina {SEC(2005) 1422}
Date: 2005-11-09
Institutions: European Commission
Subjects: Bosnia and Herzegovina, accession criteria, accession to the European Union, association agreement (EU), cooperation agreement, economic policy, economic stabilisation, political situation, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.11.2005 
COM(2005) 555 final 

Proposal for a 

COUNCIL DECISION 

On the Principles, Priorities and Conditions contained in the European Partnership with 
Bosnia and Herzegovina 

(presented by the Commission) 

{SEC(2005) 1422} 

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EXPLANATORY MEMORANDUM 

In Thessaloniki, the European Council of 19 and 20 June 2003 reiterated its determination to 
fully  and  effectively  support  the  European  perspective  of  the  Western  Balkan  countries.  It 
endorsed  the  Council’s  Conclusions  of  16  June  2003  on  the  Western  Balkan  countries 
including  the  annex  “The  Thessaloniki  Agenda  for  the  Western  Balkans:  moving  towards 
European integration”, which introduced the European Partnerships as a means to materialise 
the European perspective of the Western Balkan countries. 

In  early  2004,  the  Commission  presented  its  first  European  Partnership  with  Bosnia  and 
Herzegovina. It was adopted by the Council on 14 June 2004. The Commission considers it 
appropriate  to  update  this  first  Partnership  on  the  basis  of  its  findings  in  the  2005  Progress 
Report on Bosnia and Herzegovina. 

This renewed European Partnership is based on the provisions of Council Regulation (EC) No 
533/2004  of  22  March  2004.  It  lists  short-  and  medium-term  priorities  for  the  country’s 
preparations  for  further  integration  with  the  European  Union.  The  country  is  expected  to 
respond  to  the  European  Partnership  by  preparing  a  plan  with  a  timetable  and  specific 
measures  in  terms  of  how  it  intends  to  address  the  European  Partnership’s  priorities.  The 
progress  in  implementing  the  priorities  will  be  monitored  regularly  by  the  Commission, 
through  the  Progress  Reports  and  through  the  structures  set  up  under  the  Stabilisation  and 
Association Process. 

The  European  Partnership  priorities  should  form  the  basis  for  programming  the  financial 
assistance  of  the  Community,  which  will  continue  to  be  provided  under  relevant  financial 
instruments,  in  particular  Council  Regulation  (EC)  No  2666/2000  of  5  December  2000 
(CARDS). 

The  proposed  Council  Decision  has  no  financial  implications.  In  view  of  the  above,  the 
Commission invites the Council to adopt the attached draft Council decision. 

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Proposal for a 

COUNCIL DECISION 

On the Principles, Priorities and Conditions contained in the European Partnership with 
Bosnia and Herzegovina 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  533/2004  on  the  establishment  of  European 
Partnerships in the framework of the Stabilisation and Association Process and in particular to 
Article 2 thereof1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  European  Council  endorsed  the  introduction  of  the  European  Partnerships  as  a 
means to materialise the European perspective of the Western Balkan countries within 
the framework of the Stabilisation and Association Process. 

Regulation (EC) No 533/2004 sets out that the Council is to decide on the principles, 
priorities and conditions to be contained in the European Partnerships, as well as any 
subsequent adjustments. 

The  Council  adopted  on  14  June  2004  a  first  European  Partnership  with  Bosnia  and 
Herzegovina. It is appropriate to update this Partnership in order to identify renewed 
priorities for further work, on the basis of the findings of the 2005 Progress Report on 
Bosnia  and  Herzegovina’s  preparations  for  further  integration  with  the  European 
Union. 

Regulation  (EC)  No  533/2004  indicated  that  the  follow  up  of  the  implementation  of 
the  European  Partnerships  will  be  ensured  within  the  framework  of  the  mechanisms 
established under the Stabilisation and Association Process. 

In  order  to  prepare  for  further  integration  with  the  European  Union,  Bosnia  and 
Herzegovina is expected to develop a plan with a timetable and specific measures to 
address the priorities of this European Partnership. 

1 

OJ L 86, 24.3.2004, p. 1. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

In accordance  with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and 
conditions in the European Partnership with Bosnia and Herzegovina are set out in the annex 
hereto, which forms an integral part of this Decision. 

Article 2 

The implementation of the European Partnership shall be examined through the framework of 
the  mechanisms  established  under  the  Stabilisation  and  Association  Process,  notably  the 
annual reports presented by the Commission.  

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX 

BOSNIA AND HERZEGOVINA: 2005 EUROPEAN PARTNERSHIP 

1. 

INTRODUCTION 

The  European  Council  endorsed  the  introduction  of  the  European  Partnerships  as  a  means  to 
materialise  the  European  perspective  of  the  Western  Balkan  countries  within  the  framework  of  the 
Stabilisation and Association Process. 

The first European Partnership with Bosnia and Herzegovina was adopted by the Council on 14 June 
2004.  It  is  appropriate  to  update  this  first  partnership  on  the  basis  of  the  findings  of  the  2005 
Commission’s  Progress  Report  on  Bosnia  and  Herzegovina.  The  second  European  Partnership 
identifies new priorities for action. The new priorities are adapted to the country’s specific needs and 
stage  of  preparation  and  will  be  updated  as  necessary.  The  European  Partnership  also  provides 
guidance for financial assistance to the country. 

Bosnia and Herzegovina is expected to develop a plan including a timetable and specific measures to 
address the European Partnership priorities. 

2. 

PRINCIPLES 

The  Stabilisation  and  Association  Process  remains  the  framework  for  the  European  course  of  the 
Western Balkan countries, all the way to their future accession. 

The  main  priorities  identified  for  Bosnia  and  Herzegovina  relate  to  its  capacity  to  meet  the  criteria 
defined by the Copenhagen European Council of 1993 and the conditions set for the Stabilisation and 
Association Process, notably the conditions defined by the Council in its Conclusions of 29 April 1997 
and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 
2000 and the Thessaloniki Agenda. 

3. 

PRIORITIES 

The priorities listed in this European Partnership have been selected on the basis that it is realistic to 
expect that the country can complete them or take them substantially forward over the next few years. 
A distinction is made between short-term priorities, which are expected to be accomplished within one 
to two years, and medium-term priorities, which are expected to be accomplished within three to four 
years. The priorities concern both legislation and the implementation thereof. 

Taking into account the substantial costs involved with meeting all the EU requirements as well as the 
complexity of these requirements in certain areas, this partnership does not include all important tasks 
at  this  stage.  Future  partnerships  will  include  further  priorities  in  line  with  progress  made  by  the 
country. 

Among  the  short  term  priorities,  the  key  priorities  have  been  identified  and  grouped  together  at  the 
beginning  of  section  3.1.  The  order  of  these  key  priorities  does  not  imply  a  ranking  in  their 
importance.  

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3.1. 

Short-term priorities 

Key Priorities 

–  Fully  co-operate  with  the  International  Criminal  Tribunal  for  the  former  Yugoslavia  (ICTY)  in 

apprehending all ICTY indictees at large.  

–  Fully  implement  the  agreement  on  police  restructuring  of  October  2005.  In  this  framework, 
establish  the  Directorate  for  the  Implementation  of  Police  Restructuring  by  December  2005  and 
adopt an action plan for the reform implementation in compliance with the principles outlined by 
the European Commission within the timelines set by the agreement. 

–  Adopt  all  the  necessary  public  broadcasting  legislation  at  State  and  Entity  level  and  start  its 

implementation.  

–  Ensure  that  all  State-level  ministries  and  institutions  are  adequately  financed,  operational  and 

properly equipped, namely in terms of premises and staff.  

–  Adopt and start implementing a comprehensive action plan for public administration reform, taking 

into account the results of the public administration functional and sectoral reviews. 

–  Ensure the existence of a real internal market in Bosnia and Herzegovina. 

Political Requirements 

DEMOCRACY AND THE RULE OF LAW 

Governance 

–  Take steps to provide Bosnia and Herzegovina’s Parliamentary Assembly with sufficient technical 

resources and personnel. 

–  Further 

improve  and  strengthen  State-Entity  coordination  by  establishing  regular  and 

institutionalised mechanisms for coordination between the State and the Entities. 

–  Ensure  proper  follow  up  of  the  reports  issued  by  Bosnia  and  Herzegovina’s  Supreme  Audit 

Institutions and take appropriate measures against those responsible for irregularities. 

Elections  

–  Assume full organisational and financial responsibility for the 2006 Parliamentary and Presidential 

elections.  

–  Amend  electoral  legislation  regarding  the  Bosnia  and  Herzegovina  Presidency  members  and  the 
House  of  Peoples  delegates,  to  ensure  full  compliance  with  the  European  Convention  on  Human 
Rights and the Council of Europe post-accession commitments. 

–  Provide the necessary staff for the Audit Department of the Electoral Commission. 

Public administration  

–  Provide  the  Public  Administration  Coordinator’s  Office  with  the  necessary  human  and  material 

resources to carry out its work.  

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–  Take  measures  to  ensure  the  proper  functioning  of  the  Civil  Service  Agencies  and  develop  and 
implement  efficient  recruitment  procedures;  ensure  prompt  appointment  of  civil  servants,  in 
particular at State level, following successful civil service procedure. 

–  Implement the training programme for public administration adopted in May 2005. 

–  Adopt the new legislation on the State Ombudsman and ensure the merger of the State and Entity 

Ombudsmen.  

Judicial system  

–  Ensure  full  responsibility  for  the  State  Court,  the  Prosecutor’s  Office  and  the  High  Judicial  and 
Prosecutorial  Council  in  terms  of  finance,  administration  and  personnel;  ensure  their  proper 
functioning. 

–  Make progress in dealing with the backlog of cases before the courts. 

–  Develop an efficient system for addressing juvenile delinquency. 

Anti corruption policy 

–  Prepare  a  detailed  action  plan  against  corruption  on  the  basis  of  the  National  Anti-corruption 

Strategy.  

–  Harmonise anti-corruption legislation within Bosnia and Herzegovina. 

–  Ensure effective implementation of the law on Conflicts of Interest. 

HUMAN RIGHTS AND THE PROTECTION OF MINORITIES 

–  Abolish references to the death penalty in the Republika Srpska Constitution. 

–  Implement  the  international  conventions  ratified  by  Bosnia  and  Herzegovina,  including  reporting 

requirements.  

–  Ensure  that  the  Human  Rights  Commission  within  the  Constitutional  Court  addresses  all 

unresolved human rights cases. 

–  Further  improve  the  legal  framework  on  minorities  so  that  it  fully  meets  the  requirements  of  the 
Council of Europe Framework Convention on National Minorities, and ensure its implementation 
throughout Bosnia and Herzegovina. 

–  Establish the Council of National Minorities and the corresponding bodies at Entity level.  

–  Develop and start implementing the sectoral Action Plans of the National Strategy for Roma as part 

of a comprehensive strategy of poverty alleviation.  

REGIONAL CO-OPERATION AND INTERNATIONAL OBLIGATIONS 

–  Continue to improve regional cooperation and ensure good-neighbourly relations. 

–  Improve significantly the implementation of bilateral Free Trade Agreements. 

–  Conclude  and  implement  agreements  with  neighbouring  countries,  notably  on  cross  border 
cooperation,  the  fight  against  organised  crime,  trafficking  and  smuggling,  judicial  cooperation, 
border management, readmission, environment, transport and energy. 

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–  Ensure that the Refugee Return fund is properly funded and fully operational. Complete the process 
of  returnee/  refugee  return  and  achieve  significant  progress  towards  their  economic  and  social 
integration.  

–  Address all outstanding Council of Europe post-accession requirements, in particular in the areas of 

education and elections. 

Economic Requirements 

–  Pursue policies conducive to a stable macro-economic environment and pay particular attention to 

credit growth in the context of the currency board arrangement. 

–  Implement the State framework Law and Entities Laws on business registration. 

–  Support the work of the Fiscal Sustainability Working Group with the overall aim to reduce real 

public expenditure. 

–  Finalise  the  reconciliation  of  domestic  claims  and  adopt  the  State  level  Law  on  internal  debt  to 

guide payments on all domestic claims. 

–  Adopt the Law on the National Fiscal Council and establish procedures for its efficient functioning. 

–  Reform and reduce the rigidity of the wage setting system, in particular in the public sector. 

–  Design and implement a blueprint for institutionalisation of the Economic Policy Planning Unit. 

–  Make  substantive  progress  on  corporate  governance,  inter  alia  by  accelerating  the  process  of 

privatisation and restructuring of Private Investment Funds (PIFs). 

–  Enact and start to implement the Law for Financial Restructuring. 

–  Ensure  proper  functioning  of  the  commercial  courts  and  develop  the  functioning  of  courts  in 

handling and processing bankruptcy procedures.  

European Standards 

INTERNAL MARKET  

Free movement of goods  

–  Implement current legislation in the areas of standards, certification, metrology, accreditation and 
conformity  assessment;  establish  the  institutions  provided  for  by  this  legislation  and  equip/staff 
them so that they can implement their tasks. Continue efforts to align rules and regulations in these 
areas with the acquis, in particular to create conditions favourable to trade. 

–  Establish an internal consultation and notification mechanism of new technical regulations prior to 

their adoption on measures having an impact on trade. 

–  Ensure continued progress in adopting European standards. 

–  Establish the Market Surveillance Agency and ensure its capacity to fulfil its tasks. Continue taking 
steps towards the establishment of a market surveillance structure responding to the requirements 
of the acquis on free movement of goods. 

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Movement of persons, services and right of establishment  

–  Set  up  the  Insurance  Agency  of  Bosnia  and  Herzegovina  and  ensure  that  it  becomes  fully 

operational.  

–  Bring  banking  supervision  to  the  State  level  and  ensure  effective  functioning  of  the  supervisory 

authority. 

Customs and taxation 

–  Further align customs legislation and procedures to the acquis. 

–  Ensure that the legal framework for free zones is compatible with EU standards and guarantee the 

adequate supervision of free zones.  

–  Take all necessary steps to properly implement rules of origin.  

–  Implement customs valuation rules in accordance with international standards and practices. 

–  Increase  the  administrative  capacity  to  implement  customs  legislation,  and  to  fight  against 

corruption, cross-border crime and fiscal evasion. 

–  Ensure the adequate functioning of the Indirect Taxation Authority. 

–  Fully implement and enforce the VAT law, and further approximate tax legislation with the acquis. 

–  Commit to the principles  of the Code  of Conduct  for Business  Taxation and ensure that  new tax 

measures are in conformity with these principles. 

Competition 

–  Enhance the capacity of the Competition Council in order that it is able to fully implement its tasks 

as regards the enforcement of the relevant rules and the advocacy of competition policy.  

–  Adopt  the  necessary  legislation  on  competition  and  state  aid,  and  align  the  already  existing 

legislation with EU competition and state aid rules.  

Public procurement  

–  Ensure proper implementation of public procurement legislation, including establishment, staffing 
and budgetary allocation of the Public Procurement Agency and Public Procurement Review Body. 

Intellectual property law 

–  Implement  and  enforce  the  current  legal  framework,  most  notably  by  ensuring  the  proper 

functioning of the Institute for Intellectual Property. 

Statistics 

–  Adopt and start implementation of the Agreement between the Entities in the statistical system on 

the improvement of the work of a central statistical agency in Bosnia and Herzegovina. 

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SECTORAL POLICIES  

Industry and SME 

–  Adopt  without  further  delay  the  currently  proposed  State-level  SME  strategy  and  start 

implementation of the prioritised actions. 

–  Develop a sound and comprehensive industrial policy. 

Agriculture and fisheries 

–  Develop  a  comprehensive  agricultural  strategy  at  State  level  based  on  the  Functional  Review 

Recommendations of November 2004 and provide a legal framework for its implementation. 

–  Continue with the alignment of legislation on the EU veterinary and phytosanitary acquis. 

–  Establish and make operational the State Food Safety Agency. Make operational the Phytosanitary 

Agency. 

–  Enhance laboratories and inspection capacity in the veterinary and phytosanitary sectors, establish 

a reference laboratory and develop sampling procedures in conformity to EU requirements. 

–  Complete the EU-conform animal identification and registration of bovines. 

–  Reinforce  the  collection  and  processing  of  agriculture  statistics  in  line  with  EU  standards  and 

methodology. 

Environment 

–  Adopt  a  State  Environmental  Law  to  create  the  framework  for  nationwide  harmonised 

environmental protection. 

–  Establish and ensure the proper functioning of the State Environment Agency. 

Energy 

–  Start  implementing  the  commitments  undertaken  in  the  framework  of  the  Energy  Community 

Treaty. 

–  Develop  and  adopt  a  comprehensive  Energy  Strategy;  pursue  reforms  and  liberalisation  of  the 

energy sector. 

–  Ensure that the Independent System Operator and the Transmission Company become rapidly fully 

operational, each as a single State-level company. 

Transport policy 

–  Implement the State Law on Railways. 

–  Continue to align aviation legislation with the acquis in view of the European Common Aviation 

Area (ECAA). 

Information society and media 

–  Adopt the Law on the Information Society Agency and establish this Agency. 

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–  Further  liberalise  the  telecommunication  markets  and  ensure  the  effective  implementation  of  the 

existing legislation by the regulatory authority to encourage competition. 

–  Further strengthen the role and administrative capacity of the regulatory authority. 

Financial Control 

–  Develop a Public Internal Financial Control strategy. 

JUSTICE, FREEDOM AND SECURITY  

Visa, border control, asylum and migration 

–  Provide adequate staffing to the asylum and migration sectors within the Ministry of Security.  

–  Implement  the  2003  Law  on  Movement  and  Stay  of  Aliens.  Ensure  that  any  amendments  to  this 
law are in line with the acquis and international standards, and that they represent an added value to 
the existing regulations. 

–  Further reduce the number of visas issued at the border. 

–  Implement all international and regional obligations in the field of border management.  

Money laundering 

–  Fully staff the Financial Intelligence Unit.  

–  Further  enhance  co-operation  between  the  FIU  and  the  Criminal  Investigation  Department  of  the 

State Investigation and Protection Agency. 

–  Ensure  adequate  implementation  and  enforcement  of  legislation  against  money  laundering  and 

further improve this legislation.  

–  Adhere to relevant international conventions. 

Drugs 

–  Develop a State-level Drug Policy in conformity with EU standards. 

–  Adopt the Law on the Prevention of Narcotics Abuse and their Precursors. 

Police 

–  Further  strengthen  the  State  Investigation  and  Protection  Agency,  notably  by  completing  the 

recruitment of the totality of its staff.  

Fighting organised crime and terrorism 

–  Ensure  the  proper  implementation  of  the  National  Action  Plan  for  Combating  Trafficking  of 

Human Beings. 

–  Take  additional  measures  for  the  protection  of  victims  of  trafficking  and  for  the  adequate 

implementation of the witness protection legislation. 

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–  Enhance  the  State  Investigation  and  Protection  Agency  capacity  in  the  area  of  fight  against 
terrorism; reinforce international co-operation in this area, including by the proper implementation 
of international conventions. 

–  Adopt the law on the Personal Data Protection and establish the Data Protection Agency. 

3.2.  Medium-Term Priorities 

Political Requirements 

Governance  

–  Ensure continued progress in taking full national responsibility for policy formulation and decision-

making.  

Public administration 

–  Implement the comprehensive Action Plan for public administration reform. 

–  Build training capacity for civil servants within Bosnia and Herzegovina and continue improving 

policy-making and coordination capacities. 

–  Increase  the  capacity  for  progressive  legal  harmonisation  with  the  acquis  and  further  expand 
Bosnia  and  Herzegovina’s  role  in  assistance  programming  and  implementation,  with  the  aim  of 
preparing for the decentralisation of Community assistance.  

Police Reform 

–  Implement the action plan for the police restructuring.  

Judicial system 

–  Ensure  adequate  training  of  the  judiciary,  in  particular  as  regards  human  rights  legislation  and 

issues related to the implementation of a future Stabilisation and Association Agreement. 

–  Guarantee  that  all  Courts  have  the  necessary  technical  equipment  and  financial  means  to  impart 

justice efficiently and properly.  

Anti corruption policy 

–  Implement the Action-Plan against corruption and the GRECO recommendations. 

–  Ensure that international conventions on corruption are properly implemented and that corruption is 

actually reduced. 

HUMAN RIGHTS AND THE PROTECTION OF MINORITIES 

–  Ensure full compatibility of national legislation with the European Convention on Human Rights.  

–  Ensure the protection of minorities in accordance with EU and international standards. 

–  Implement the National Strategy for Roma and its sectoral action plans. 

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Economic Requirements 

–  Ensure the continuation of macro-economic stability and work towards enhancing the sustainability 

of external accounts. 

–  Further work towards reducing public expenditure as a percentage of GDP. 

–  Continue to improve the business climate and corporate governance and pursue the restructuring of 

the corporate sector, including public utilities. 

–  Continue to strengthen the coordination of fiscal and economic policies. 

–  Ensure  the  adequate  functioning  of  the  Economic  Policy  Planning  Unit  of  the  Indirect  Taxation 

Agency. 

–  Produce comprehensive consolidated government accounts. 

–  Strengthen the procedures for budget preparations, execution and accountability. 

–  Implement policies aiming at reducing unemployment, in particular long-term unemployment. 

–  Improve  the coordination of  employment  agencies  across  the  country  and  make  efforts  to  reduce 

labour market fragmentation. 

–  Address  the  problem  of  fragmentation  of  the  educational  system  and  the  overlap  of  functions 
between different levels of organisation. Strengthen policy development and strategic planning to 
improve quality of education. 

–  Continue the necessary reforms to comply with WTO rules and obligations, in order to accelerate 

the WTO accession process. 

European Standards 

INTERNAL MARKET AND TRADE  

Free movement of goods 

–  Continue  the  alignment  of  legislation  in  the  areas  of  standards,  certification,  metrology, 
accreditation and conformity assessment with the acquis, and the transposition of New and Global 
Approach and Old Approach directives. 

Customs and taxation 

–  Ensure  continued  approximation  of  customs  and  taxation  legislation  to  the  acquis,  and  further 
increase the administrative capacity to implement this legislation, and to fight against corruption, 
cross-border crime and fiscal evasion.  

–  Improve  transparency  and  exchange  of  information  with  the  EU  in  order  to  facilitate  the 

enforcement of measures preventing the avoidance or evasion of taxes. 

Competition 

–  Implement state aid legislation. 

–  Present a comprehensive state aid inventory. 

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Public procurement 

–  Ensure that Bosnia and Herzegovina’s public procurement legal framework is compatible with the 

acquis and that public procurement procedures are properly implemented. 

Statistics 

–  Develop  reliable  economic  statistics  and  build  up  institutional  capacity  to  produce  and  publish 
basic  statistical  data  harmonised  with  European  standards,  in  particular  in  the  areas  of  national 
accounts, labour statistics and business statistics. 

SECTORAL POLICIES 

Industry and SME 

–  Implement the SME strategy. 

–  Ensure the implementation of the industrial policy. 

–  Start designing and applying an integrated research policy. 

Agriculture and fisheries 

–  Implement the comprehensive agricultural strategy at State level. 

–  Start action in view of identification of sheep and goats and registration of their movements. 

–  Prepare a programme for upgrading food processing establishments to meet EU requirements. 

–  Start  actions  in  view  to  ensure  an  efficient  control  of  domestic  plant  production  in  particular  for 

products with EU specific requirements. 

Environment 

–  Continue  strengthening  administrative  capacity  of  the  institutions  involved  in  environmental 
protection, in particular at State-level, and ensuring the implementation of the already transposed 
legislation. 

–  Ensure that a functioning environmental monitoring system is in place. 

Transport policy 

–  Continue the restructuring and liberalisation of the railway sector. 

–  Ensure  progressive  approximation  of  legislation  to  the  transport  acquis,  notably  as  regards 

technical and safety standards, social standards and market liberalisation. 

–  Implement the Memorandum of Understanding of the South East Europe Core Regional Transport 

Network including the Transport Observatory (SEETO). 

Energy 

–  Implement the Entities’ Action Plans for the restructuring of the energy sector. 

–  Consolidate the State and Entity Energy Regulators. 

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–  Take steps to achieve concrete progress in relation to the gas sector, inter alia by developing a gas 

strategy, establishing a system operator and regulator and developing the internal gas market. 

Information society and media 

–  Implement  public  broadcasting  legislation  and  complete  the  structural  reform  of  the  public 

broadcasting sector. 

–  Align legislation to the EU regulatory framework for electronic communications and services and 

ensure its implementation. 

–  Align  with  the  European  Convention  on  Trans-frontier  Television  and  the  Television  without 

Frontiers Directive.  

Financial control  

–  Develop and implement the principles of decentralised managerial accountability and functionally 
independent  internal  audit in  accordance  with  the  internationally  accepted  standards  and  EU  best 
practice. 

–  Strengthen  the  operational  capacity  and  functional  as  well  as  financial  independence  of  the 

Supreme Audit Institution. 

–  Develop  procedures  and  administrative  capacities  to  ensure  effective  protection  of  EU  financial 

interests. 

JUSTICE, FREEDOM AND SECURITY  

Visa, border control, asylum and migration 

–  Fully  implement  the  Integrated  Border  Management  strategy  and  achieve  effective  border 

management. 

–  Assume full ownership regarding the functioning of the reception centres. 

Money laundering 

–  Ensure continued improvement of the enforcement record regarding money laundering. 

Drugs 

–  Ensure  that  law  enforcement  bodies  are  properly  equipped  to  fight  against  drugs  trafficking  and 
further improve inter-agency and international co-operation; achieve tangible results in this area. 

–  Establish a State-level Office for Narcotics.  

Fighting organised crime and terrorism  

–  Ensure full implementation of all measures included in the Action Plan against Organised Crime. 

4. 

PROGRAMMING 

Community  assistance  under  the  Stabilisation  and  Association  Process  to  the  Western  Balkan 
countries will be provided under the existing financial instruments, in particular by Council Regulation 

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(EC)  No  2666/20002.  Accordingly,  this  Decision  will  have  no  financial  implications.  Bosnia-
Herzegovina can have access to funding from multi-country and horizontal programmes. 

5. 

CONDITIONALITY 

Community  assistance  under  the  Stabilisation  and  Association  Process  to  the  Western  Balkan 
countries is conditional on further progress in satisfying the Copenhagen criteria as well as progress in 
meeting the specific priorities of this European Partnership. Failure to respect these conditions could 
lead the Council to take appropriate measures on the basis of Article 5 of Council Regulation (EC) No 
2666/20003. Community assistance shall also be subject to the conditions defined by the Council in its 
Conclusions of 29 April 1997, and 21-22 June 1999 in particular as regards the recipients’ undertaking 
to carry out democratic, economic and institutional reforms. 

6. 

MONITORING 

The  implementation  of  the  European  Partnership  shall  be  examined  through  the  framework  of  the 
mechanisms established under the Stabilisation and Association Process, notably the annual reports of 
the Commission. 

2 
3 

OJ L 306, 7.12.2000, p. 1, as amended by Regulation (EC) No 2415/2001 (OJ L 327, 12.12.2001, p. 3). 
Article 5 of Council Regulation (EC) No 2666/2000: 
"1. Respect for the principles of democracy and the rule of law and for human and minority rights and 
fundamental freedoms is an essential element for the application of this Regulation and a precondition 
of  eligibility  for  Community  assistance.  If  these  principles  are  not  respected,  the  Council,  acting  by 
qualified majority on a proposal from the Commission, may take appropriate measures.  
2.  Community  assistance  shall  also  be  subject  to  the  conditions  defined  by  the  Council  in  its 
Conclusions  of  29  April  1997,  in  particular  as  regards  the  recipients'  undertaking  to  carry  out 
democratic, economic and institutional reforms." 

EN 

16 

   EN