Resolution on approximation of the national legislation of Eastern Partnership countries with EU legislation in the economic field
Date: 2013-05-28
Institutions: Euronest Parliamentary Assembly
Subjects: Caucasus countries, EU law - national law, European neighbourhood policy, Moldova, Ukraine, approximation of laws, economic cooperation, economic sector, sustainable development








C_2013338EN.01001001.xml










19.11.2013   


EN


Official Journal of the European Union


C 338/10





RESOLUTION (1)

on approximation of the national legislation of Eastern Partnership countries with EU legislation in the economic field
2013/C 338/02
THE EURONEST PARLIAMENTARY ASSEMBLY,






—


having regard to the Joint Communication of the Commission and the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy of 25 May 2011 entitled ‘A new response to a changing Neighbourhood’ (COM(2011)0303),










—


having regard to the development of the European Neighbourhood Policy (ENP) since 2004, and in particular to the Commission’s progress reports on its implementation,










—


having regard to the action plans adopted jointly with Armenia, Azerbaijan, Georgia and Moldova, and to the Association Agenda with Ukraine,










—


having regard to the conclusions of the Eastern Partnership Foreign Ministers’ Meeting of 13 December 2010,










—


having regard to the Joint Declarations of the Prague Eastern Partnership Summit of 7 May 2009 and the Warsaw Eastern Partnership Summit of 29-30 September 2011,










—


having regard to Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (ENPI) (2), and the proposal of the European Commission to the European Parliament and to the Council establishing a European Neighbourhood Instrument (ENI) (3),










—


having regard to the European Parliament resolutions of 14 December 2011 on the review of the European Neighbourhood Policy (4), of 7 April 2011 on the review of the European Neighbourhood Policy – Eastern Dimension (5), and of 3 July 2012 on the trade aspects of the Eastern Partnership (6),










—


having regard to the resolution of the Euronest Parliamentary Assembly adopted on 3 April 2012, entitled ‘Trade agreements between the EU and the Eastern European Partners, including the Deep and Comprehensive Free Trade Areas, and the EU assistance in this field’, prepared by the EURONEST PA Economic Integration, Legal Approximation and Convergence with EU Policies Standing Committee,










—


having regard to its Constituent Act of 3 May 2011,










—


having regard to its Rules of Procedure,










A.


whereas legal approximation in the economic field, while not an aim in itself, is an important step towards enhanced economic cooperation, to the benefit of all the Eastern Partnership countries and the EU; whereas putting into place legislation and regulatory systems, standards and certification methods which are compatible with those of the EU will also bring those countries closer to EU standards and values;










B.


whereas approximation to EU economic standards developed in line with the objectives of mutual interest and the specificities of individual countries will help the Eastern Partnership countries’ efforts towards achieving balanced and sustainable growth, high levels of employment and social protection, economic and social cohesion, high environmental standards, better standards of living and better quality of life for their respective societies; whereas it will also create conditions for increasing the competitiveness of their economies, stimulating investment and fostering trade, and encourage the development of the Eastern Partnership Business Forum initiated by the Sopot forum in 2011;










C.


whereas in certain areas it is not possible to establish distinct phases of approximation because legislation pertaining thereto represents a whole, and the adoption of any single part of it would not be effective without the rest;










D.


whereas this is a complex, dynamic and gradual process requiring the creation and adaptation of institutions and structures, and involving fundamental changes to the responsibilities of the respective national administrative systems, private sectors and civil societies;










E.


whereas the Eastern Partnership countries are at different stages in the process of economic convergence with the EU, and there are, as a result, considerable disparities in the amount and type of legislation that has been harmonised so far, and in each country’s general approach to this process;










F.


whereas the process of regulatory approximation in the economic field should, where applicable, proceed in parallel with the regulatory approximation related to negotiations on the Deep and Comprehensive Free Trade Areas (DCFTAs);










G.


whereas this regulatory approximation is an open-ended, gradual process, which involves further approximation and could lead to harmonisation in the future;





Eastern Partnership countries’ planning, commitments and implementation







1.


Recognises that efforts towards regulatory approximation have already been made within the framework of the Partnership and Cooperation Agreements, and encourages the Eastern Partnership countries to enhance this process in the context of the future Association Agreements; recalls that further steps deepening economic integration could be taken in due time in order to move towards the EU-Eastern Partnership Economic Area, as stated in the Warsaw Eastern Partnership Summit Joint Declaration;










2.


Invites each Eastern Partnership country, who has not yet done so, to adopt a work programme setting a timetable for legal approximation, including a consolidated chapter on legal approximation in the economic field, based on the commitments made by the country within the framework of the agreements regulating its bilateral relations with the EU in the economic field; recommends the establishment of comprehensive legislative strategies that reflect the countries’ own interests and priorities, their social, economic and political realities and the work they have achieved so far in this field;










3.


Invites the Eastern Partnership countries to establish their own sectoral priorities and define the key issues relating thereto; encourages them to voice the particular difficulties they face in the process of legal approximation, and to elaborate strategies, together with the EU, to address these difficulties; urges them, at the same time, to take into account the EU’s recommendations regarding the specific efforts they should make in addressing major challenges in their individual legal convergence processes in the economic field;










4.


Invites the Eastern Partnership countries to adjust the sequence and pace of their regulatory approximation programmes in order to reinforce and consolidate their macro-economic reforms and their stability; sees legal approximation as a long-term objective which should fit into their economic agendas;










5.


Stresses that, without the necessary institutional changes and proper implementation, legal approximation could result in a mere transposition of rules and lead to failure in meeting assumed commitments; points out that real – not simply formal – alignment is needed to attain the desired economic impact, with benefits for all;










6.


Acknowledges that the main challenge for the Eastern Partnership countries does not lie so much in the approximation of their legal texts as in the transformation and adaptation of their respective administrations, justice systems and societies to the conditions necessary to ensure that the legislation is effective and well implemented; believes that the Eastern Partnership countries should establish the right conditions for such legislation to be applied; underscores, in this regard, the need for targeted administrative capacity-building measures relating to each country’s governmental structures, national parliament, judiciary and private sector;










7.


Urges, in this regard, the Eastern Partnership countries to set up and consolidate adequate administrative and organisational structures for effective implementation and enforcement of the adopted legislation, and to establish, where appropriate, coordinating and monitoring mechanisms that will move the approximation process forward; stresses that the establishment of enforcing authorities is vital to ensure that the legislation is properly implemented;










8.


Underlines the importance in this process of judicial reforms and the fight against corruption; recalls that, among the conditions that apply to a decentralised economic system, a well-functioning judicial system should offer reasonably rapid access to justice for individuals as well as for private legal entities;










9.


Underlines the importance of the visa liberalisation process, which not only helps to promote the highest standards in the Eastern Partnership countries but also contributes to improving the business culture that is essential for successful legal approximation in the economic field;










10.


Urges the Eastern Partnership countries to ensure legal security and transparency for economic operators by creating a system of legal and commercial rules;










11.


Encourages the establishment of specific technical and professional bodies in both the private and the public sector which could ensure, among other things, civil monitoring of the application of relevant legislation and of the economic processes as a whole; notes, in this regard, the need for transparency in the regulatory process, in public consultations and in the regular impact assessments and independent evaluations of policy results;










12.


Underlines the importance of engagement on the part of civil societies and non-governmental organisations in fostering legal approximation in the economic field and considers that the EU should fully support them by transmitting the Union’s experience and know-how as well as the use of financial instruments;










13.


Underscores the importance of the social dimension of legislative approximation in the economic field, particularly where legislation in the economic field has an impact on areas such as social and environmental policies and consumer protection; underlines that a more comprehensive approach is required to take into account the need to create a better-qualified workforce, with guaranteed labour rights, that will contribute to the success of economic reforms;










14.


Invites the EU and Eastern Partnership countries to make full use of Eastern Partnership Platform 2 (‘Economic Integration and Convergence with EU Policies’), which adds value to the bilateral consultation processes and provides an opportunity for the exchange of information and best practices;










15.


Stresses its role in monitoring, facilitating and assisting the process of approximation of the national legislation of Eastern Partnership countries with EU legislation in the economic field;





The EU approach to legal approximation in the economic field: financial and technical assistance, and implementation monitoring







16.


Calls on the EU to increase the budget for assistance to the Eastern Partnership countries in the next Multiannual Financial Framework 2014-2020; welcomes the intention of the Commission to develop a second generation of Eastern Partnership flagship initiatives and calls for the adoption at the Vilnius Summit of new and visible initiatives covering important areas of Eastern Partnership cooperation aimed at supporting the development of economic cooperation;










17.


Calls on the Commission to foster the visa liberalisation process with the Eastern Partnership countries, which is a necessary step on the way to the ultimate objective of a visa-free regime;










18.


Emphasises the need to ensure that the ‘more for more’ principle is applied, as it serves as an important tool for acknowledging, and further bolstering, the Eastern Partnership countries’ progress towards alignment with the EU’s standards and values;










19.


Believes that while it is up to each Eastern Partnership country to choose its priorities in terms of sectors, the EU should recommend which measures should be tackled first and propose key measures in each sector, taking as a point of departure that some areas, such as company law, are to be regarded as essential ‘building blocks’ for any modern economy;










20.


Encourages the EU to provide the Eastern Partnership countries with assistance for planning their respective strategies for the progressive approximation and effective implementation and enforcement of the relevant legislation, in particular with regard to the sequence in which areas of legislation are approximated and to the conditions necessary for their implementation; stresses at the same time that the EU should take into account each Eastern Partnership country’s specific economic circumstances, especially where they may affect the sequence in which each country should tackle the approximation; notes in this regard the fruitful work of the EU advisory group and urges the Commission to continue developing this format of assistance in consultation with countries and partners;










21.


Notes the need for the increased coordination of existing EU assistance; points out that such assistance should be strengthened, supplemented where needed, and made more coherent; stresses that particular attention should be paid to achieving closer coordination – and realising the potential – of the Member States’ technical assistance; urges, in this regard, the EU Member States – and in particular those Member States that have most recently undergone the process of legal approximation (the newest ones) – to contribute more actively with their expertise and good practices;










22.


Recommends the future creation of an information exchange office (following the example of the office set up by the Commission and supported by a PHARE multi-country programme); points out that the office should facilitate the provision of assistance, create a database and serve as a clearing house where requests for assistance can be matched with available advice and expertise;










23.


Notes that legal approximation should be organised and supported through special, tailor-made technical assistance measures; stresses the need to consider that resources for approximation are limited in both the EU and the Eastern Partnership countries, and should therefore be focused on areas where they will have the greatest effect;










24.


Urges the EU to continue its support for developing the capacities of institutions in the Eastern Partnership countries to prepare the legislation needed; encourages a fuller use of important EU instruments in this regard, such as the Technical Assistance and Information Exchange instrument (TAIEX), the Comprehensive Institution Building programme, the twinning programmes and others; counts on strengthening the Comprehensive Institution Building programme in the new financial perspectives;










25.


Urges the EU to emphasise the importance of making the legislation effective, to allow for the numerous benefits to reach the societies concerned and to lead to further harmonisation with EU standards; stresses, therefore, that once national legislation is adopted, sound EU monitoring of its implementation and enforcement should be ensured;










26.


Notes that approximation in other areas linked to the economic field, such as social and environmental policies, should be also encouraged and could become the subject of separate initiatives; believes that the EU should strive to ensure a more integrated approach in recognition of the fact that economic and social development are interconnected;










27.


Invites the EU to prepare a set of detailed recommendations for the Eastern Partnership countries on how to proceed with legislative approximation and implementation in each area (for example in the form of a white paper); notes that the recommendations should be informational and advisory in nature;










28.


Considers that the EU should take into account each Eastern Partnership country’s specific circumstances, and the stage of development at which it stands compared with the other Eastern Partnership countries in the context of economic integration, legal harmonisation and implementation policy, as well as readiness for deeper cooperation, and recommends that the EU act on the basis of individual approaches while respecting the will and interests of each Eastern Partnership country;










29.


Instructs its Co-Presidents to forward this resolution to the President of the European Parliament, the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, and the governments and parliaments of the EU Member States and of the Eastern Partnership countries.






(1)  Adopted in Brussels, on 28 May 2013.

(2)  OJ L 310, 9.11.2006, p. 1.

(3)  2011/0405(COD), 7.12.2011.

(4)  Texts adopted, P7_TA(2011)0576.

(5)  Texts adopted, P7_TA(2011)0153.

(6)  Texts adopted, P7_TA(2012)0276.