26.2.2008 EN Official Journal of the European Union L 51/4 COUNCIL DECISION of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and repealing Decision 2006/35/EC (2008/157/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 390/2001 of 26 February 2001 on assistance to Turkey in the framework of the pre-accession strategy, and in particular on the establishment of an Accession Partnership (1), and in particular Article 2 thereof, Having regard to the proposal from the Commission, Whereas: (1) Regulation (EC) No 390/2001 provides that the Council is to decide, by a qualified majority and acting on a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership, as it will be submitted to Turkey, as well as on subsequent significant adjustments applicable to it. (2) On that basis the Council adopted an Accession Partnership with Turkey in 2001 and 2003 (2). (3) The Commission’s 2004 recommendation on Turkey stressed that the European Union should continue the monitoring of the political reform process and that a revised Accession Partnership should be proposed in 2005. Following that, the Council adopted a revised Partnership in January 2006 (3). (4) In December 2004 the European Council concluded that the European Union would continue to monitor closely progress of the political reforms on the basis of an Accession Partnership setting out priorities for the reform process. (5) On 3 October 2005 the Member States started negotiations with Turkey on its accession to the European Union. The progress of the negotiations will be guided by Turkey’s progress in preparing for accession, which will be measured, inter alia, against the implementation of the Accession Partnership, as regularly revised. (6) The Commission’s Communication on Enlargement Strategy and Main Challenges 2006-2007 indicated that the Partnerships would be updated at the end of 2007. (7) On 11 December 2006 the Council agreed that the Member States within the Intergovernmental Conference would not decide on opening eight chapters covering policy areas relevant to Turkey’s restrictions as regards the Republic of Cyprus, nor would they decide on provisionally closing chapters, until the Commission verified that Turkey had fulfilled its commitments related to the Additional Protocol. (8) On 17 July 2006 the Council adopted Regulation (EC) No 1085/2006 establishing an instrument for Pre-Accession Assistance (IPA) (4), which sets out a new framework for financial assistance to pre-accession countries. (9) It is therefore appropriate to adopt a revised Accession Partnership which updates the current Partnership in order to identify renewed priorities for further work on the basis of the findings of the 2007 Progress Report on Turkey’s preparations for further integration with the European Union. (10) In order to prepare for membership, Turkey should develop a plan with a timetable and specific measures to address the priorities of the Accession Partnership. (11) Decision 2006/35/EC should be repealed, HAS DECIDED AS FOLLOWS: Article 1 In accordance with Article 2 of Regulation (EC) No 390/2001, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for Turkey are set out in the Annex hereto. Article 2 The implementation of the Accession Partnership shall be examined and monitored in the bodies established under the Association Agreement and by the Council on the basis of annual reports presented by the Commission. Article 3 Decision 2006/35/EC shall be repealed. Article 4 This Decision shall take effect on the third day following its publication in the Official Journal of the European Union. Done at Brussels, 18 February 2008. For the Council The President D. RUPEL (1) OJ L 58, 28.2.2001, p. 1. (2) Decision 2001/235/EC (OJ L 85, 24.3.2001, p. 13) and Decision 2003/398/EC (OJ L 145, 12.6.2003, p. 40). (3) Decision 2006/35/EC (OJ L 22, 26.1.2006, p. 34). (4) OJ L 210, 31.7.2006, p. 82. ANNEX TURKEY 2007 ACCESSION PARTNERSHIP 1. INTRODUCTION At its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession. The first Accession Partnership for Turkey was adopted by the Council in March 2001. In the Commission’s Strategy Paper on enlargement of October 2002, it was stated that the Commission would propose a revised Accession Partnership for Turkey. A revised Accession Partnership was then presented by the Commission in March 2003 and adopted by the Council in May of the same year. In its recommendation of October 2004 the Commission proposed that, with a view to guaranteeing the sustainability and irreversibility of the political reform process, the EU should continue to monitor closely progress of the political reforms. In particular, the Commission proposed the adoption of a revised Accession Partnership in 2005 which was adopted by the Council in January 2006. Following the expected progress in the implementation of the short-term priorities of the Partnerships, it is the practice to update the partnerships every other year. Therefore, the Commission proposes to renew the Accession Partnership. Turkey should develop a plan including a timetable and specific measures intended to address the Accession Partnership priorities. The revised Accession Partnership provides the basis for a number of policy/financial instruments which will be used to help Turkey in the preparations for membership. In particular, the revised Accession Partnership will serve as a basis for future political reforms and as a yardstick against which to measure future progress. 2. PRINCIPLES The main priorities identified for Turkey relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the requirements of the negotiating framework adopted by the Council on 3 October 2005. 3. PRIORITIES The priorities listed in this Accession 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. The revised Accession Partnership indicates the priority areas for Turkey’s membership preparations. Turkey will, nevertheless, ultimately have to address all the issues identified in the progress reports, including consolidating the political reform process in order to guarantee its irreversibility and ensure its uniform implementation throughout the country and at all levels of the administration. It is also important that Turkey fulfil the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Association Agreement, Customs Union and related decisions of the EC-Turkey Association Council, for example on the trade regime for agricultural products. 3.1. SHORT-TERM PRIORITIES Political dialogue Democracy and the rule of law Public administration — Pursue reform of public administration and personnel policy in order to ensure greater efficiency, accountability and transparency, — strengthen local administrations by reforming the central administration, devolving powers to local administrations and providing them with adequate resources, — implement legislation aimed at establishing a fully operational Ombudsman system, — adopt and implement legislation on the Court of Auditors. Civilian oversight of the security forces — Strengthen efforts to align civilian control of the military in line with the practice in EU Member States. Ensure that the military does not intervene in political issues and that civilian authorities fully exercise supervisory functions on security matters, including as regards the formulation of the national security strategy and its implementation, — take steps towards bringing about greater accountability and transparency in the conduct of security affairs, — establish full parliamentary oversight of military and defence policy and all related expenditure, including by external audit, — limit the jurisdiction of military courts to military duties of military personnel. Judicial system — Strengthen efforts, including through training, to ensure that interpretation by the judiciary of legislation related to human rights and fundamental freedoms is in line with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), with the case law of the European Court of Human Rights (ECtHR), and with Article 90 of the Turkish Constitution, — ensure that the judiciary is independent of other state institutions, in particular as regards the High Council of Judges and Prosecutors and the inspection system. More specifically, ensure that the High Council of Judges and Prosecutors represents the judiciary as a whole, — strengthen the efficiency of the judiciary through, in particular, reinforcing its institutional capacity and adopting a new Code of civil procedure, — proceed with the establishment of regional intermediate courts of appeal. Anti-corruption policy — Develop a comprehensive anti-corruption strategy, including the fight against high-level corruption, and a central body to oversee and monitor its implementation, including through establishing statistical data. Improve coordination between all institutions involved, — ensure implementation of the Regulation on Principles of Ethical Behaviour for Civil Servants and extend its provisions to elected officials, judiciary, academics and military personnel, — limit the immunities granted to politicians and public officials in line with European best practices and improve legislation on transparency in political party and election campaign financing. Human rights and the protection of minorities Observance of international human rights law — Ratify the optional Protocol to the UN Convention against Torture which provides for the establishment of a system of independent monitoring of detention facilities. European Court of Human Rights — Comply with the ECHR, and ensure full execution of the judgments of the ECtHR, — amend the criminal procedure Code so as to enforce the right to retrial in line with the relevant judgments of the ECtHR. Promotion and enforcement of human rights — Establish an independent, adequately resourced national human rights institution in accordance with relevant UN principles. Monitor human rights cases, including through statistical data, — continue the training of law enforcement agencies on human rights issues and investigation techniques. Civil and political rights Prevention of torture and ill-treatment — Ensure implementation of the measures adopted in the context of the ‘zero tolerance’ policy towards torture and ill-treatment in line with the ECHR and the recommendations of the European Committee for the Prevention of Torture, — ensure implementation of the Istanbul Protocol throughout the country, in particular by increasing medical expertise, — intensify the fight against impunity. Ensure that prosecutors conduct timely and effective investigations of alleged cases, leading to identification and punishment of perpetrators by the courts. Access to justice — Strengthen efforts to ensure adequate legal aid and qualified interpretation services. Freedom of expression — In view of ensuring full respect of freedom of expression, revise and implement legislation on freedom of expression, including freedom of the press, in line with the ECHR and with the case law of the ECtHR, — remedy the situation of those persons prosecuted or sentenced for non-violent expression of opinion. Freedom of assembly and association — Continue implementation of all reforms concerning freedom of association and peaceful assembly in accordance with the ECHR and its related case law. Implement measures to prevent the excessive use of force by security forces, — align with best practices in EU Member States as regards legislation on political parties. Civil society organisations — Further strengthen the domestic development of civil society and its involvement in the shaping of public policies, — facilitate and encourage open communication and cooperation between all sectors of Turkish civil society and European partners. Freedom of religion — Take the necessary measures to establish an atmosphere of tolerance conducive to the full respect of freedom of religion in practice. In line with the ECHR and the case law of the ECtHR: — Revise and implement legislation on foundations, — interpret and apply current legislation pending the adoption and implementation of the new law on foundations, — ensure that non-Muslim religious communities can acquire legal personality and exercise their rights, — ensure the possibility of religious education for non-Muslim minorities, including the training of their clergy, — ensure equal treatment of Turkish and foreign nationals as regards their ability to exercise the right to freedom of religion through participation in the life of organised religious communities, — adopt legislation to prevent repeated prosecutions and convictions of those who refuse to perform military service for conscientious or religious reasons. Economic and social rights Women’s rights — Pursue measures to implement current legislation relating to women’s rights and against all forms of violence against women, including crimes committed in the name of honour. Ensure specialised training for judges and prosecutors, law enforcement agencies, municipalities and other responsible institutions and strengthen efforts to establish shelters for women at risk of violence in all larger municipalities, in line with current legislation, — further increase the awareness of the general public, and of men in particular, concerning gender issues, and promote the role of women in society, including through ensuring equal access to education and participation in the labour market and in political and social life; support the development of women’s organisations to fulfil these goals. Children’s rights — Ensure the full implementation of the Law on Child Protection and promote protection of children’s rights in line with EU and international standards, — continue efforts to tackle the problem of child labour and child poverty and improve the situation of street children. Labour rights and trade unions — Ensure that full trade union rights are respected in line with EU standards and the relevant ILO Conventions, in particular as regards the right to organise, the right to strike and the right to bargain collectively, — further reinforce social dialogue, facilitate and encourage cooperation with EU partners. Anti-discrimination policies — Guarantee in law and in practice the full enjoyment of human rights and fundamental freedoms by all individuals, without discrimination and irrespective of language, political opinion, sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, — strengthen efforts to revise curricula and textbooks so that discriminatory language is eliminated. Minority rights, cultural rights and protection of minorities — Ensure cultural diversity and promote respect for and protection of minorities in accordance with the ECHR and the principles laid down in the Framework Convention for the Protection of National Minorities and in line with best practice in Member States, — guarantee legal protection of minorities, in particular as regards the peaceful enjoyment of possessions, in line with Protocol No 1 to the ECHR. Cultural rights — Improve effective access to radio and TV broadcasting in languages other than Turkish, in particular by removing remaining legal restrictions, — adopt appropriate measures to support the teaching of languages other than Turkish. Situation in the east and south-east — Develop a comprehensive approach to reducing regional disparities, and in particular to improving the situation in southeast Turkey, with a view to enhancing economic, social and cultural opportunities for all Turkish citizens, including those of Kurdish origin, — abolish the village guard system in the south-east, — clear the area of landmines. Internally displaced persons — Pursue measures to facilitate the return of internally displaced persons to their original settlements in line with the recommendations of the UN Secretary-General’s Special Representative for Displaced Persons, — continue implementation of the law on the compensation of losses due to terrorism and the fight against terrorism. Ensure fair and prompt compensation of victims. Regional issues and international obligations Cyprus — Actively support efforts to implement the agreed 8th July process leading to a comprehensive and viable settlement of the Cyprus problem within the UN framework and in line with the principles on which the EU is founded, including concrete steps to contribute to a favourable climate for such a comprehensive settlement, — implement fully the Protocol adapting the Ankara Agreement to the accession of the new EU Member States, including removal of all existing restrictions on Cyprus-flagged vessels and vessels serving the Cyprus trade (1), — take concrete steps for the normalisation of bilateral relations between Turkey and all EU Member States, including the Republic of Cyprus, as soon as possible (1). Peaceful settlement of border disputes — Pursue further efforts to resolve any outstanding border disputes in conformity with the principle of peaceful settlement of disputes in accordance with the UN Charter including, if necessary, jurisdiction of the International Court of Justice, — unequivocally commit to good neighbourly relations; address any sources of friction with neighbours; and refrain from any threat or action which could adversely affect the process of peaceful settlement of border disputes. Obligations under the Association Agreement — Ensure implementation of commitments undertaken under the Association Agreement, including the Customs Union. Economic criteria — Continue to implement appropriate fiscal and monetary policies with a view to taking adequate measures to preserve macroeconomic stability and predictability. Implement a sustainable and effective social security system, — further strengthen economic policy coordination across different institutions and policy areas in order to provide a consistent and sustainable economic policy framework for the economy, — continue privatisation of state-owned enterprises, — continue with market liberalisation, and price reforms, in particular in the areas of energy and agriculture, — address labour market imbalances. To this end, improve incentive structures and flexibility in the labour market to increase participation and employment rates; improve education and professional training efforts, thereby encouraging the shift from agriculture to a service-based economy, — improve the business climate. To this end, improve the functioning of the commercial judiciary and safeguard the independence of market regulatory authorities; improve bankruptcy procedures to address impediments to market exit, — identify and implement means to address the informal economy. Ability to assume the obligations of membership Chapter 1: Free movement of goods — Abolish import permits or licence requirements, as well as disproportionate requirements for certificates in respect of products other than used motor vehicles, — submit to the Commission a plan for abolishing import permits on used motor vehicles, — complete the identification of measures contrary to Articles 28 to 30 of the EC Treaty, draw up a plan for their removal and introduce the mutual recognition clause into the Turkish legal order, — address the remaining issue on regulatory data protection for pharmaceutical products. Chapter 3: Right of establishment and freedom to provide services — Present a detailed strategy which should include a timetable of all necessary steps in terms of legislative alignment and institutional capacity in order to comply with the acquis covered by this chapter, — continue alignment with the acquis for the mutual recognition of professional qualifications, in particular by providing for a procedure for professional recognition distinct from academic recognition and by adopting the minimum training requirements set out in Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (2), — begin alignment with the acquis on postal services. Chapter 4: Free movement of capital — Continue to remove restrictions affecting foreign direct investments originating from the EU, — start to align payment systems legislation with the acquis. Chapter 5: Public procurement — Give an organisation for procurement the task of guaranteeing a coherent policy and steering its implementation, — present a comprehensive strategy which will include all reforms necessary for legislative alignment and institutional capacity building in order to comply with the acquis. Chapter 6: Company law — Adopt the new Commercial Code. Chapter 7: Intellectual property law — Improve the capacity of police, customs and the judiciary to enforce intellectual property rights, including strengthening coordination between these bodies, — address, in particular, the counterfeiting of trade marks and piracy. Chapter 8: Competition policy — Adopt a State aid law in line with the acquis requirements and set up an operationally independent state aid monitoring authority able to fulfil existing transparency commitments, — finalise and adopt the National Steel Restructuring Programme in line with EU requirements. Chapter 9: Financial services — Continue alignment with the new capital requirements for credit institutions and investment firms and with the other related directives (deposit guarantee scheme, winding up and reorganisation, financial conglomerates, bank accounts), — strengthen prudential and supervisory standards both in banking and in the non-bank financial sector. Establish an independent regulatory and supervisory authority in the insurance and pension sector. Chapter 10: Information society and media — Adopt a new Electronic Communications Law aligned with the current EU Regulatory Framework, — complete the adoption and implementation of the key ‘starting conditions’ for the 2002 EU regulatory framework, — continue alignment of legislation in the field of audiovisual policy, in particular with regard to the Television without Frontiers Directive. Chapter 11: Agriculture and rural development — Establish an IPARD agency (Instrument for Pre-accession Assistance Rural Development Component) accredited in compliance with EU requirements, — lift restrictions on trade in beefmeat, live bovine animals and by-products. Chapter 12: Food safety, veterinary and phytosanitary policy — Adopt a framework law on food, feed and veterinary matters compliant with EU requirements and which allows a complete transposition of the EU acquis, — ensure the operationality of the system for the identification and registration of bovines and registration of their movement in compliance with the EU acquis, and start the implementation of an appropriate system for sheep and goats in order to trace movements, — take the necessary measures to allow the Thrace region to be recognised by the World Organisation on Animal Health as a foot-and-mouth disease-free zone with vaccination, — classify all agri-food establishments by category based on the EU acquis and prepare a National Programme for upgrading those establishments. Chapter 13: Fisheries — Reinforce the administrative structures in particular by creating a central unit in charge of all fisheries matters. Particular attention also needs to be paid to strengthening fisheries inspection and control services, — adopt the revised Fisheries Law in line with EU requirements, including in the field of resource and fleet management, as well as inspection and control. Chapter 14: Transport policy — Adopt the Railways Framework Law in order gradually to open the Turkish rail transport market and provide for the separation of functions regarding infrastructure management and provision of services, — continue alignment with, and implementation in, the maritime sector paying special attention to the effective implementation of pollution prevention. Further strengthen maritime administration, including the improvement of the safety record of the Turkish fleet and the implementation of the maritime security acquis, — in the field of aviation, work towards a technical solution to ensure the necessary communication in order to guarantee the appropriate level of air safety in the South Eastern Mediterranean region, — engage in a process towards the recognition of ‘Community designation’ and provide a clear strategy for the progressive alignment to the acquis on the Single European Sky, — align with, and implement, the relevant provisions and specificities of the European Civil Aviation Conference’s policy statement in the field of civil aviation security. Chapter 15: Energy — Continue alignment with, and implementation of, the acquis on the internal gas and electricity market and on cross-border exchanges in electricity, also with a view to possible membership of the Energy Community Treaty. Ensure the implementation of fair and non-discriminatory rules for the transmission of gas, — continue to develop the capacities of the different regulatory authorities and ensure their independence, — strengthen administrative capacity and continue alignment in the energy efficiency field, promote high-efficiency cogeneration, and develop renewable energy in transport, electricity and heating/cooling, including the setting of appropriate and ambitious targets and incentives, — accede to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. Chapter 16: Taxation — Take practical steps leading to a substantial reduction in discriminatory taxation of alcoholic products, imported tobacco and imported cigarettes, and present a plan with clear milestones, and agreed with the Commission, for the rapid elimination of any residual discriminatory taxation, — pursue alignment of VAT and excise duties, in particular on structure and applied rates, — continue strengthening and modernising the tax administration, including the IT sector, in order to increase compliance and improve collection of tax revenues and to reduce the informal economy. Chapter 18: Statistics — Produce timely key national accounts indicators in accordance with ESA 95, — align the methodology and the organisational set-up for collecting information to provide agriculture statistics in line with EU requirements, — finalise establishment of the business register. Chapter 19: Social policy and employment — Establish conditions for an effective social dialogue at all levels, inter alia, by adopting new legislation eliminating restrictive provisions on trade union activities and ensuring full trade union rights, — provide an analysis of undeclared work in Turkey and draw up a plan to tackle this problem in the context of an overall action plan for the enforcement of the acquis for the benefit of the entire workforce, — finalise the work on the Joint Inclusion Memorandum (JIM) and the Joint Assessment Paper on Employment Policy Priorities (JAP) and actively implement both follow-up processes. Chapter 20: Enterprise and Industrial policy — Adopt a revised comprehensive industrial policy strategy. Chapter 22: Regional policy and coordination of structural instruments — Reinforce the establishment of institutional structures and strengthen administrative capacity in the areas of programming, project preparation, monitoring, evaluation and financial management and control, particularly at the level of line ministries, to implement EU pre-accession programmes as a preparation for the implementation of the Community’s cohesion policy. Chapter 23: Judiciary and fundamental rights — Strengthen efforts to align its legislation with the acquis on the protection of personal data and to establish an independent data protection supervisory authority. — See for other priorities the section on political criteria. Chapter 24: Justice, freedom and security — Continue to strengthen all law enforcement institutions and align their status and functioning with European standards, including through developing inter-agency cooperation. Adopt a code of ethics and establish an independent and effective complaints system to ensure greater accountability covering all law enforcement bodies, — continue efforts to implement the National Action Plan on Asylum and Migration (including through the adoption of a roadmap), increase capacity to combat illegal migration in line with international standards, — conclude urgently a readmission agreement with the EU, — make progress in the preparations for the adoption of a comprehensive asylum law in line with the acquis including the establishment of an asylum authority, — continue efforts to implement the National Action Plan on integrated border management including through the definition of a precise road map. Steps should be taken to establish the new border law enforcement authority, — implement the national strategy on organised crime. Strengthen the fight against organised crime, drugs, trafficking in persons, fraud, corruption and money-laundering. Chapter 26: Education and Culture — Enhance the administrative capacity of the Lifelong Learning and Youth in Action National Agency in order to be able to deal with the increased workload., Chapter 27: Environment — Adopt a comprehensive strategy for the gradual transposition, implementation and enforcement of the acquis, including plans for building up the necessary administrative capacity at national, regional and local level and required financial resources, with an indication of milestones and timetables, — continue transposition, implementation and enforcement of the acquis, in particular horizontal and framework legislation, such as the environmental impact assessment, including transboundary aspects, as well as strengthening of administrative capacity, — adopt the National Waste Management Plan. Chapter 28: Consumer and health protection — Further align with the consumer and health acquis, including in the areas of blood, tissues and cells and tobacco, and ensure adequate administrative structures and enforcement capacity, — strengthen the courts’ capacity, including through training, to ensure consistency in interpretation of consumer legislation. Chapter 29: Customs Union — Align legislation on free zones with the relevant acquis, particularly for rules concerning customs controls and tax auditing, — strengthen the enforcement capacity of the customs administration, particularly regarding the fight against illegal trade and counterfeit. Continue the preparations for interconnectivity of the IT systems with the EU, — eliminate customs duty relief for goods covered by the Customs Union and which are sold in duty-free shops to travellers entering in Turkey. Chapter 30: External relations — Align with the EU position in the World Trade Organisation, as regards the Doha Development Agenda and in the OECD, — complete the alignment with the European Community regime on generalised system of preferences (GSP), — continue efforts to conclude outstanding free trade agreements with third countries in line with the acquis. Chapter 31: Foreign, security and defence policy — Continue to align with EU common positions, declarations, statements and démarches on Common Foreign and Security Policy (CFSP), — align policies towards third countries and positions within international organisations with those of the EU and its Member States including in relation to the membership by all EU Member States of relevant organisations and arrangements such as Wassenaar. Chapter 32: Financial control — Adopt an updated Public Internal Financial Control (PIFC) Policy Paper and derived PIFC legislation, — adopt pending legislation to guarantee the functioning of the Turkish Court of Accounts in line with the International organisation of supreme audit institutions (INTOSAI) standards and guidelines, — set up an operationally independent anti-fraud coordination structure for the protection of EU financial interests. 3.2. MEDIUM-TERM PRIORITIES Economic criteria — Complete the privatisation programme, — ensure the sustainability of public finance, — continue to improve the general level of education and health, paying particular attention to the younger generation and women, — upgrade the country’s infrastructure, in particular in energy and transport, in order to strengthen the competitiveness of the economy at large. Ability to assume the obligations of membership Chapter 2: Freedom of movement for workers — Ensure that the Public Employment Services have adequate capacity to guarantee participation in the EURES (European Employment Services) network, — continue to strengthen administrative structures, in particular for the coordination of social security schemes. Chapter 3: Right of establishment and freedom to provide services — Further remove restrictions on the right of establishment and the freedom to provide cross-border services, — continue alignment on the acquis for postal services, — continue alignment with the acquis for the mutual recognition of professional qualifications and, in particular, work towards repealing nationality requirements. Chapter 5: Public procurement — Implement the public procurement strategy, — promote the use of electronic means in procurement procedures. Chapter 6: Company law — Adopt a general-purpose financial reporting framework in the area of corporate accounting and auditing in line with EU standards, — strengthen disclosure requirements. In particular, adopt a general requirement for companies to file audited legal entity and consolidated financial statements in order to make them publicly available. Chapter 7: Intellectual property law — Continue alignment and ensure an effective enforcement of intellectual property rights. Chapter 8: Competition policy — align secondary legislation in the State aid field, — ensure transparency in the area of state aid in line with existing bilateral commitments. Inform the Community of all aid schemes in force and notify in advance any individual aid to be granted. Chapter 10: Information society and media — Continue the transposition and implementation of the acquis in the electronic communications area and prepare for full liberalisation of the markets, — further align with the audiovisual acquis and strengthen the independence and administrative capacity of the regulatory authority. Chapter 11: Agriculture and rural development — Continue developing the system of land identification and the National Farmer Registration System to prepare for controls on agricultural land, — start preparing the implementation of pilot actions relating to environment and the countryside, in view of future implementation of agri-environmental measures. Chapter 12: Food safety, veterinary and phytosanitary policy — Adopt control measures for animal diseases and set up eradication plans where this is justified by the animal health situation, — enhance laboratory and control capacities in the food safety, veterinary and phytosanitary domain,in particular as regards reference laboratories, residue testing (including control plans) and sampling procedures, — align the legislation on Transmissible Spongiform Encephalopathies (TSE) and animal by-products and start to set up the necessary collection and treatment system. Chapter 13: Fisheries — Set up a reliable stock assessment system to provide accurate information on marine resources, — adapt the existing fleet register to EU requirements. Chapter 14: Transport policy — continue the legislative and administrative alignment to the transport acquis in particular as regards road transport and air safety, — strengthen the capacity to implement EU acquis, including control measures, in line with EU standards. Chapter 15: Energy — Ensure the establishment of a competitive internal energy market, in compliance with the electricity and gas directives. Further strengthen administrative and regulatory structures needed for a functional and competitive energy market, — adopt a nuclear law which ensures a high level of nuclear safety in line with EU standards. Chapter 16: Taxation — Continue alignment of excise duties and VAT, in particular as regards deductions, exemptions, special schemes, tax refunds and the application of reduced rates. Chapter 18: Statistics — Reinforce the coordinating role and improve the administrative capacity of Turkstat to ensure more timely collection, processing and dissemination of data. Chapter 19: Social policy and employment — Continue transposition of the acquis and strengthen the related administrative and enforcement structures including the labour inspectorates, in association with social partners, — enhance capacity to assess and monitor labour market and social developments and address structural problems. Chapter 21: Trans-European networks — Give priority to projects identified under the Transport Infrastructure Needs Assessment (TINA) and to projects of common interest listed in the European Community TEN-Energy Guidelines. Chapter 22: Regional policy and coordination of structural policy instruments — Develop at central, regional and local level the administrative capacity for the implementation of possible future Community cohesion policy. Chapter 24: Justice, freedom and security — Accelerate efforts to set up an integrated border management system in line with the acquis, based on close interagency coordination and professionalism of staff, covering, inter alia, a pre-screening mechanism to identify persons in need of international protection at borders, — continue with alignment with the acquis in the field of asylum, in particular through the lifting of the geographical limitation to the Geneva Convention and through strengthening protection, social support and integration measures for refugees, — ensure compatibility of Turkish legislation with the acquis in civil matters and strengthen the capacity of the judiciary to apply the acquis. Chapter 27: Environment — Continue to transpose and implement the acquis related to the framework legislation, international environmental conventions and legislation on nature protection, water quality, chemicals, industrial pollution and risk management and waste management, — pursue integration of environmental requirements into other sectoral policies. Chapter 28: Consumer and health protection — Ensure a high level of protection through the effective enforcement of consumer protection rules and involvement of relevant consumer organisations, — in the area of mental health, develop community-based services as an alternative to institutionalisation, and ensure allocation of sufficient financial resources for mental health care. Chapter 29: Customs Union — Complete alignment of customs legislation on dual-use goods and technologies, precursors and counterfeit and pirated goods. Chapter 32: Financial control — Align the Turkish Criminal Code with the protection of the European Communities financial interests Convention (PIF Convention) and its protocols. 4. PROGRAMMING Financial assistance for the priorities identified in the Accession Partnership will be made available through two financial instruments: programmes adopted before and in 2006 will be implemented in accordance with Council Regulation (EC) No 2500/2001 of 17 December 2001 concerning pre-accession financial assistance for Turkey (3). Programmes and projects adopted as from 2007 will be implemented in accordance with Regulation (EC) No 1085/2006. Under both instruments, the Commission has adopted respectively will adopt financing decisions, followed by a financing agreements signed by the Commission and Turkey. The financing agreements serve as legal basis for the implementation of the concrete programmes. Turkey has also access to funding from multi-country and horizontal programmes. 5. CONDITIONALITY Community assistance for financing projects through the pre-accession instruments is conditional on the respect by Turkey of its commitments under the EC-Turkey Agreements, including Customs Union Decision 1/95 and other decisions, further concrete steps towards satisfying effectively the Copenhagen criteria and, in particular, progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council to suspend financial assistance on the basis of Regulation (EC) No 2500/2001 or on the basis of Article 21 of Regulation (EC) No 1085/2006. Specific conditions are also included in individual annual programmes. The financing decisions will be followed by a financing agreement signed with Turkey. 6. MONITORING The implementation of the Accession Partnership shall be examined using the mechanisms established under the Association Agreement as appropriate and through the Commission’s progress reports. The Association Agreement sub-committees provide the possibility of reviewing implementation of the Accession Partnership priorities and progress as regards legal approximation, implementation and enforcement. The Association Committee discusses overall developments, progress and problems in meeting the Accession Partnership priorities as well as more specific issues referred to it by the sub-committees. The monitoring of the pre-accession financial assistance programmes shall be carried out jointly by Turkey and the Commission through a joint monitoring committee (JMC)/IPA Monitoring Committee. In order to ensure the effectiveness of monitoring, projects being funded under each financing agreement must incorporate verifiable and measurable indicators of achievements. Monitoring based on these indicators will assist the Commission, the JMC/IPA Monitoring Committee and Turkey in subsequently reorienting programmes where necessary and in the design of new programmes. The JMC/IPA Monitoring Committee ensures that actions financed under the pre-accession programmes are compatible with the Accession Partnership. The Accession Partnership will continue to be adjusted as necessary in accordance with Article 2 of Regulation (EC) No 390/2001. (1) See also the declaration by the European Community and its Member States of 21 September 2005. (2) OJ L 255, 30.9.2005, p. 22. Directive as last amended by Commission Regulation (EC) No 1430/2007 (OJ L 320, 6.12.2007, p. 3). (3) OJ L 342, 27.12.2001, p. 1. Regulation repealed by Regulation (EC) No 1085/2006.

Summary: Partnership for the accession of Turkey Partnership for the accession of Turkey The purpose of the Accession Partnership is to assist the Turkish authorities in their efforts to meet the accession criteria. The Partnership places particular emphasis on political criteria. It covers in detail the priorities for Turkey’s accession preparations, with particular reference to implementation of the acquis, and provides a reference framework for directing pre-accession assistance. ACT Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey and repealing Decision 2006/35/EC. SUMMARY The Accession Partnership, which is based on the pre-accession strategy, is the main instrument providing Turkey with guidance in its preparations for accession. The Helsinki European Council (December 1999) decided to recognise Turkey as an applicant for accession on the basis of criteria equivalent to those applied to the other applicant countries. The accession negotiations were started on 3 October 2005. The pre-accession strategy combines the frameworks and different instruments relating to the accession process of a new Member State, offering Turkey a coherent accession programme and enabling it to familiarise itself with the European Union's procedures and policies, notably by giving it the opportunity to participate in Community programmes. OBJECTIVE The objective of the Accession Partnership is to incorporate in a single legal framework: the priorities for reform with a view to preparing for accession; guidelines for financial assistance for action in these priority areas; the principles and conditions governing implementation of the Partnership. The Accession Partnership with Turkey was established in 2001 and has been revised three times (in 2003, 2006 and 2008). It evolves as the country progresses and continues its efforts to prepare for accession. With a view to achieving the objectives identified in the Accession Partnership, Turkey adopted a national programme for transposing the Community acquis (NPAA), in which it sets out procedures and a programme for implementing action in the priority areas. PRIORITIES A distinction is made between short-term priorities, which are expected to be achieved within one to two years, and medium-term priorities, which are expected to be achieved within three to four years. Both are based primarily on Turkey's ability to comply with: the 1993 Copenhagen Criteria; the negotiation framework adopted on 3 October 2005. The short and medium-term priorities are: political dialogue, which includes short-term priorities such as: democracy and the rule of law (public service, civilian oversight of security forces, the judicial system and anti-corruption policy), human rights and protection of minorities – which imply that these rights are promoted and respected at national and international level (civil, political, economic, social and cultural rights, the situation in the east and southeast, displaced persons) – regional issues and international obligations (Cyprus, peaceful settlement of border disputes, Association Agreement); economic criteria: market liberalisation, the fight against the underground economy, completion of the privatisation programme, improvement of the business climate, competitiveness, sustainability of public finances, budgetary and monetary policies guaranteeing macroeconomic stability, a coordinated economic policy and improvement of health and education levels and infrastructures and the correction of labour market imbalances; ability to assume the obligations of membership, namely the adoption and implementation of the acquis (EU policies and legislation, both primary and secondary). Evaluation The Commission regularly evaluates the progress made by Turkey on the priorities set by the Accession Partnership and in the areas in which greater efforts have to be made. Such evaluation covers compliance with the accession criteria, including adoption and enforcement of the acquis. The Accession Partnership is monitored and its implementation evaluated under the Association Agreement between the European Union and Turkey. FINANCIAL FRAMEWORK Turkey receives financial assistance under the Instrument for Pre-Accession Assistance (IPA) for the period 2007‑2013. The Multi-annual Indicative Financial Framework for the period 2009‑2011 (MIIF) sets out the amount of assistance allocated to Turkey under the IPA: approximately EUR 3 037.9 million (including 2007 and 2008). Community assistance is subject to compliance with the essential elements governing bilateral relations between Turkey and the EU, the Copenhagen criteria and the priorities defined by the partnership. If these elements are not complied with, the financial assistance may be suspended by the Council. Turkey is also eligible for funding from the European Investment Bank (EIB) under its external lending mandate for the EU’s south-eastern neighbours. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2008/157/EC 29.2.2008 - OJ L 51 of 26.2.2008 RELATED ACTS Conclusions of the Brussels European Council of 16 and 17 December 2004 (FR). The European Council decided to open accession negotiations with Turkey on 3 October 2005. BILATERAL RELATIONS EEC‑Turkey Association Agreement (1963) [Official Journal No 217 of 29 December 1964]. Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the European Union [Official Journal L 254 of 30 September 2005]. FINANCIAL ASSISTANCE Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) [OJ L 210 of 31 July 2006]. Multi-annual Indicative Financial Framework (CFIP) for: 2008‑2010 [COM(2006) 672 final – Not published in the Official Journal]; 2009‑2011 [COM(2007) 689 final – Not published in the Official Journal]. EVALUATION Reports are available on the website of the European Commission's Directorate-General for Enlargement. Last updated: 29.05.2008


16.2.2008 EN Official Journal of the European Union L 42/51 COUNCIL DECISION of 12 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC (2008/119/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process (1), and in particular Article 2 thereof, Having regard to the proposal from the Commission, Whereas: (1) The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the Partnerships as a means to materialise the European perspective of the Western Balkan countries. (2) Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the Partnerships, as well as any subsequent adjustments. It also states that the follow-up to the Accession Partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably by the annual progress reports. (3) Following the European Partnership of 2004, the Council adopted on 20 February 2006 the first Accession Partnership with Croatia (2). (4) On 3 October 2005 the Member States started negotiations with Croatia on its accession to the European Union. The progress of the negotiations will be guided by Croatia’s progress in preparing for accession, which will be measured, inter alia, against the implementation of the Accession Partnership, as regularly revised. (5) The Commission’s Communication on Enlargement Strategy and Main Challenges 2006-2007 indicated that the Partnerships would be updated at the end of 2007. (6) On 17 July 2006 the Council adopted Regulation (EC) No 1085/2006 establishing an instrument for Pre-Accession Assistance (IPA) (3), which renews the framework for financial assistance to pre-accession countries. (7) It is therefore appropriate to adopt a revised Accession Partnership which updates the current Partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2007 Progress Report on Croatia’s preparations for further integration with the European Union. (8) In order to prepare for membership, Croatia is expected to develop a plan with a timetable and specific measures to address the priorities of the Accession Partnership. (9) Decision 2006/145/EC should be repealed, HAS DECIDED AS FOLLOWS: Article 1 In accordance with Article 2 of Regulation (EC) Νο 533/2004, the principles, priorities and conditions contained in the Accession Partnership with Croatia are set out in the Annex hereto. Article 2 The implementation of the Accession Partnership shall be examined and monitored through the mechanisms established under the stabilisation and association process, and by the Council on the basis of annual reports presented by the Commission. Article 3 Decision 2006/145/EC shall be repealed. Article 4 This Decision shall take effect on the third day following its publication in the Official Journal of the European Union. Done at Brussels, 12 February 2008. For the Council The President A. BAJUK (1) OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC) No 269/2006 (OJ L 47, 17.2.2006, p. 7). (2) Council Decision 2006/145/EC of 20 February 2006 on the principles, priorities and conditions contained in the Accession Partnership with Croatia (OJ L 55, 25.2.2006, p. 30). (3) OJ L 210, 31.7.2006, p. 82. ANNEX CROATIA 2007 ACCESSION PARTNERSHIP 1. INTRODUCTION The proposed revised Accession Partnership updates the first one, on the basis of the findings of the 2007 Commission’s Progress Report on Croatia. It identifies new as well as remaining priorities for action. The new priorities are adapted to the country’s specific needs and stage of preparation and will be updated as necessary. Croatia is expected to develop a plan including a timetable and specific measures intended to address the Accession Partnership priorities. The Accession Partnership also provides guidance for financial assistance to the country. 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 Croatia 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 of 21 and 22 June 1999, the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda, and the requirements of the negotiating framework adopted by the Council on 3 October 2005. 3. PRIORITIES The priorities listed in this Accession Partnership have been selected on the basis that it is realistic to expect that Croatia can complete them or take them substantially forward over the next few years. The priorities concern both legislation and the implementation thereof. In view of the need to set priorities, it is clear that there are other tasks for Croatia to complete which may become priorities in any future partnership, also taking into account future progress made by Croatia. Among the priorities, the key priorities have been identified and grouped together at the beginning of the section below. The order of these key priorities does not imply a ranking of their importance. Key Priorities — Ensure proper implementation of all commitments undertaken in the Stabilisation and Association Agreement, — update and implement the strategy and action plan for judicial reform, — rapidly adopt and implement a strategic framework for public administration reform, — update and accelerate implementation of the anti-corruption programme and related action plans and ensure more coordinated and proactive efforts to prevent, detect and effectively prosecute corruption, especially at high level, — implement the Constitutional Law on National Minorities, with particular attention to its provisions guaranteeing proportional representation of minorities in employment. Tackle discrimination more widely in the public sector, — complete the process of refugee return; definitively settle all cases of housing care for former occupancy/tenancy rights holders; complete reconstruction and repossession of property and reopen the possibility for convalidation claims, — pursue efforts aimed at reconciliation among citizens in the region, — enhance efforts to find definitive solutions to pending bilateral issues (1), in particular border issues, with Slovenia, Serbia, Montenegro, and Bosnia and Herzegovina; and resolve the Ecological and Fisheries Protection Zone issue, — maintain full cooperation with the International Criminal Tribunal for the former Yugoslavia and ensure integrity of domestic war crimes proceedings, — improve the business environment and economic growth potential, in particular by reducing subsidies, restructuring large loss-making enterprises and increasing the efficiency of public spending. Political Criteria Democracy and the rule of law Public administration — Fully implement public administration reform measures on administrative procedures and on recruitment, promotion, training and de-politicisation; improve human resource management in areas of public administration. Judicial system — Substantially reduce the case backlog in courts and ensure an acceptable length of judicial proceedings, — rationalise the organisation of courts, including the introduction of modern information technology systems, — establish an open, fair and transparent system of recruitment, evaluation, promotion and disciplinary measures in the judiciary and enhance professionalism through high-quality training supported by adequate financing of the Justice Academy, including in EU law, — take measures to ensure proper and full execution of court rulings. Anti-corruption policy — Continue to develop and implement Codes of Conduct/ethics for officials and elected representatives as well as action plans to prevent corruption in the relevant law enforcement agencies (border police, police, customs, judiciary) and other public sector institutions and agencies; fully address public procurement related corruption. Establish specialist units for combating corruption within the appropriate services with an appropriate coordination mechanism between them and provide them with adequate training and resources, — take steps to ensure that the legal framework for tackling corruption is uniformly implemented and enforced including through the use of adequate statistics. Ensure that the standards set by international instruments are met, by putting in place the appropriate legislative and administrative measures, — take concrete actions to raise public awareness of corruption as a serious criminal offence, — ensure full cooperation of State authorities with the Office for Prevention of Corruption and Organised crime. Human rights and the protection of minorities — Ensure access to justice and legal aid and make available the corresponding budgetary resources, — promote respect for and protection of minorities in accordance with international law and best practice in EU Member States, — encourage a spirit of tolerance vis-à-vis the Serb and Roma minorities and take measures to protect persons belonging to minorities who may be subject to threats or acts of discrimination, hostility or violence, — continue to implement the strategy and action plan for the protection and integration of Roma and ensure availability of the necessary means, especially as regards employment, education and housing, — adopt and implement a comprehensive anti-discrimination strategy. Regional issues and international obligations — Fully respect the 4 June 2004 agreement concerning the Ecological and Fisheries Protected Zone referred to in the June 2004 European Council conclusions and the Negotiating Framework and do not apply any aspect of the Zone to the EU Member States until a common agreement in the EU spirit is found, — ensure the integrity of proceedings as regards war crimes, in particular by ensuring an end to ethnic bias against Serbs, including application of a uniform standard of criminal responsibility and improved security of witnesses and informants, — secure adequate coordination and cooperation between all relevant authorities at central and local level on refugee return matters, — make headway in settling with neighbours all issues arising from lost occupancy and tenancy rights, — create the social and economic conditions to improve the climate for reintegration of returnees and the acceptance of returnees by receiving communities, including through regional development programmes in affected areas, — contribute to strengthening regional cooperation, including by promoting the transition process from the Stability Pact to a more regionally-owned cooperation framework and the effective implementation of the Central European Free Trade Agreement (CEFTA), — fully implement agreements with neighbouring countries, notably the fight against organised crime, border management and readmission, cross-border cooperation, and judicial and police cooperation, including on war crimes, and conclude such agreements where they are still outstanding. Economic criteria — Continue to implement prudent fiscal, monetary and financial sector policies with a view to sustaining macroeconomic stability, including low inflation, exchange rate stability and a further reduction of general government’s spending-to-GDP ratio as well of its deficit and debt ratio, — continue institutional reforms in public finance with a view to enhancing fiscal transparency, and improving the efficiency and transparency of public debt management, and completing the planned change of budget reporting to ESA 95 principles, — continue the implementation of comprehensive health care reforms to avoid the accumulation of new payment arrears in the health system and to improve the efficiency of health spending. Continue the reform of social security. Ensure the financial sustainability of the pension system’s first pillar through adequate parametric reforms, — continue to facilitate business entry by further reducing the time and procedures needed and the costs for establishing a business. Improve bankruptcy procedures to speed up market exit, — improve the institutional framework for privatisation with a view to significantly advancing the privatisation of companies held under the State Privatisation Fund. Continue with the restructuring of loss-making state-owned enterprises and of the railway system to reduce the amount of subsidies to the enterprise sector as a share of GDP, — improve incentive structures and flexibility in the labour market to increase participation and employment rates. Ability to assume the obligations of membership Chapter 1: Free movement of goods — Adopt and implement horizontal framework legislation to complete the necessary infrastructure, and ensure segregation of tasks between the various functions (regulation, standardisation, accreditation, metrology, conformity assessment and market surveillance), — adopt and implement a comprehensive strategy for the transposition and implementation of EC legislation for relevant horizontal organisations (standardisation, accreditation, metrology and market surveillance) and in individual sectors, and enhance administrative capacity, — adopt and implement an Action Plan for compliance with Articles 28-30 of the EC Treaty, including the introduction of mutual recognition clauses, — continue adoption of European standards. Continue preparations towards meeting membership criteria for standardisation bodies, — complete transposition of the new and old Approach directives, particularly with regard to pharmaceutical products. Chapter 2: Freedom of movement of workers — Abolish any discriminatory measures towards EU migrant workers and EU citizens, — reinforce administrative structures for the coordination of social security schemes. Chapter 3: Right of establishment and freedom to provide services — Complete alignment of legislation with the acquis on the recognition of professional qualifications for EU citizens and amend existing legislation to repeal remaining requirements in respect of nationality, language, establishment or business permits for EU service providers, remove other administrative and technical barriers to the right of establishment and the freedom to provide services and ensure even handling of applications for business permits, including building permits. Chapter 4: Free movement of capital — Complete the establishment of an effective anti-money-laundering regime, in particular by ensuring that enforcement agencies are fully operational, adequately resourced and well coordinated with domestic and international counterparts, — make further progress in the removal of remaining restrictions on capital movements; remove all restrictions on the purchase of real estate by EU citizens in line with the SAA and ensure that all applications for permission to purchase real estate submitted in the meantime by EU citizens are handled expeditiously. Chapter 5: Public procurement — Give an organisation for procurement the task of guaranteeing a coherent and transparent policy and steering its implementation, in all areas related to public procurement, — adopt and implement a comprehensive strategy, with time schedules and milestones for legislative alignment and capacity building, in all areas of public procurement (public contracts, concessions, public-private partnerships) as well as for review procedures and bodies. Strengthen enforcement mechanisms of review bodies. Chapter 6: Company law — Align the Companies Act with the acquis and complete alignment with the directive on takeover bids, — align accounting and auditing legislation with the acquis. Strengthen the relevant institutional framework. Chapter 7: Intellectual property law — Complete the alignment with the acquis concerning copyright and related rights and ensure the enforcement of intellectual property rights by strengthening the administrative capacity of the relevant bodies, — provide a satisfactory track record of investigation, prosecution and judicial treatment of cases of piracy and counterfeiting. Chapter 8: Competition policy — Adopt a National Restructuring Programme for the steel sector that ensures the viability and respect for EU rules on State aids. Adopt individual restructuring plans for each of the shipyards in difficulties and incorporate such plans in a National Restructuring Programme, in line with EU rules on State aids, — complete legislative alignment with EU State aid rules in the area of fiscal aid and align all other remaining aid schemes identified in the State aid inventory as being incompatible with EU rules. Adopt the regional aid map, — adopt legislative measures allowing for effective anti-trust control, in particular as regards fine setting and judicial control. Chapter 9: Financial services — Complete the transposition of the acquis on banking licences, capital requirements, electronic money institutions, financial conglomerates, winding-up and reorganisation, bank accounts, branch accounts and deposit guarantee schemes, — complete legislative alignment with regard to solvency margins, insurance supervision, reinsurance and insurance mediation, financial market infrastructure, investment and securities markets, — establish an investor compensation scheme in line with the acquis. Demonstrate enforcement of prudential requirements by establishing a track record. Chapter 10: Information society and media — Complete the alignment with the acquis concerning electronic communications, commerce, signatures and media, information security and the Television without Frontiers Directive, — ensure sufficient administrative capacity to enforce the acquis, in particular in the field of electronic communications and provide a track record of the enforcement of obligations on operators with significant market power and the rights of new entrants on the electronic communications market, including rights of way, co-location and facility sharing, — complete the planned review of audiovisual media legislation on the basis of public consultation, to ensure regulatory independence and guard against undue political interference. Chapter 11: Agriculture and rural development — Strengthen the administrative structures and capacity needed to implement market and rural development policies, including collection and processing of agricultural data, — establish a vineyard register in line with EU standards, — continue preparations to establish effective and financially sound paying bodies for the management and control of agricultural funds, in line with EU requirements and international auditing standards. Chapter 12: Food safety, veterinary and phytosanitary policy — Substantially improve the alignment of legislation in the food safety, veterinary and phytosanitary domain and strengthen the necessary implementing structures including control and inspection services, — ensure the setting up of compliant regimes in the food safety, veterinary and phytosanitary sectors, including a system for animal identification and registration of movements, treatment of animal by-products, upgrading of agri-food establishments, animal welfare and programmes of control of animal diseases, control of animals and animal products at border inspection posts, control of plant health, authorisation of plant protection products and control of their residues as well as quality of seeds and plant propagating material. Chapter 13: Fisheries — Strengthen administrative and, in particular, inspection structures for fisheries policy and improve the collection of catch and landing data, — complete the computerised fishing vessel register and establish a satellite-based vessel monitoring system. Chapter 14: Transport policy — Complete alignment with the EU acquis and enhance administrative capacity in the area of road transport (including the implementation of the digital tachograph) aviation and maritime transport and in the area of inland waterway transport, in particular as regards the safety of navigation and River Information Services, — adopt implementing legislation for rail transport, in particular interoperability provisions and independent allocation of capacity. Publish a finalised network statement, — implement the first transitional phase of the European Common Aviation Area Agreement and ratify it. Chapter 15: Energy — Fulfil obligations arising from the Energy Community Treaty, — strengthen administrative capacity and complete alignment with the EU acquis in the fields of security of supply, energy efficiency and renewable energy sources, the internal energy market (electricity and gas) and nuclear energy, as well as ensure a high level of nuclear safety and radiation protection. Chapter 16: Taxation — Accelerate alignment of tax legislation with the acquis with particular attention to including free zones in the territorial application of the VAT regime, abolishing the existing zero rates of VAT, eliminating the discriminatory taxation of cigarettes and further harmonising the system of excise duties, — significantly strengthen the enforcement capacity of the tax and customs administrations, particularly regarding collection and control functions and developing the necessary IT systems; continue the work on building a functioning and adequately staffed excise duty service; simplify procedures and reinforce controls to effectively prosecute tax fraud, — commit to the principles of the Code of Conduct for business taxation and ensure that new tax measures are in conformity with these principles. Chapter 17: Economic and monetary union — Align the legal framework in order to ensure full central bank independence, to ensure alignment as regards prohibition of privileged access of the public sector to financial institutions and to allow for the full integration of its central bank into the European System of Central Banks. Chapter 18: Statistics — Strengthen the administrative capacity of the Bureau of Statistics, reform its regional offices and improve coordination with other producers of official statistics, — continue developing agricultural, macroeconomic and business statistics. Chapter 19: Social policy and employment — Further align with the acquis and strengthen the related administrative and enforcement structures, including the labour inspectorates, in association with social partners, — implement effectively the Joint Inclusion Memorandum (JIM) and, once adopted, the Joint Assessment Paper on Employment Policy Priorities (JAP). Chapter 20: Enterprise and industrial policy — Implement a comprehensive industrial policy strategy, with particular emphasis on the restructuring of key loss-making sectors and individual companies, including steel and shipbuilding. Chapter 21: Trans-European Networks — Increase gas and electricity interconnections with neighbouring countries. Chapter 22: Regional policy and coordination of structural instruments — Adopt and begin implementing an action plan setting out clear objectives and a related timetable in order to meet regulatory and operational requirements deriving from Community cohesion policy, including strengthening capacity at central, regional and local level, — ensure a clear distribution of responsibilities and strengthen the capacity of, and coordination between, designated implementing authorities/structures, including local authorities. — adopt a Regional Development Act, — reinforce capacity for programming, project preparation, monitoring, evaluation and financial management and control, particularly of line Ministries, to implement EU pre-accession programmes as a preparation for Community cohesion policy. Chapter 23: Judiciary and fundamental rights — Continue to implement the national law on personal data protection in line with the acquis and ensure an efficient monitoring and enforcement, — see for other priorities the section on political criteria. Chapter 24: Justice, freedom and security — Complete the revision of key legislation to align with the Schengen acquis and extend investments at local level in terms of IT equipment and further training for the police, — continue preparations to implement the Schengen acquis by increasing staffing levels and training for border guards, further investing in equipment including the extension of the National Border Management Information System and ensuring its compatibility with the second-generation Schengen Information System (SIS II). Improve administrative and enforcement capacity of the border police by enhancing inter-agency cooperation, — continue alignment to EU visa policy, including the introduction of biometric identifiers in travel documents and preparations for the Visa Information system, — introduce secondary legislation for implementation of the Asylum Act and Aliens Act, — ensure compatibility of legislation with the acquis in judicial cooperation in civil and criminal matters and strengthen the capacity of the judiciary to apply the acquis. Chapter 25: Science and research — Ensure adequate capacity to take up EU-funded research projects, — continue to take and implement actions to facilitate the integration into the European Research Area. Chapter 26: Education and culture — Ensuring adequate capacity to manage the Lifelong Learning and Youth in Action programmes, — align with the acquis on non-discrimination between EU and Croatian nationals as regards access to education as well as the directive on the education of the children of migrant workers. Chapter 27: Environment — Continue work on transposition and implementation of the EU acquis, with particular emphasis on waste management, water quality, air quality, nature protection and integrated pollution prevention and control, — adopt and implement, in a well coordinated manner, a comprehensive plan for putting in place the necessary administrative capacity and required financial resources to implement the environment acquis, — increase investments in environmental infrastructure, with particular emphasis on waste water collection and treatment, drinking water supply and waste management, — start implementing the Kyoto Protocol, — ensure integration of environmental protection requirements into the definition and implementation of other sectoral policies and promote sustainable development. Chapter 28: Consumer and health protection — Further align with the consumer and health acquis, including in the areas of tissues and cells and tobacco, and ensure adequate administrative structures and enforcement capacity, — in the area of mental health, develop community-based services as an alternative to institutionalisation, and ensure allocation of sufficient financial resources for mental health care. Chapter 29: Customs union — Continue to adopt legislation in the limited remaining areas requiring further alignment, in particular on the non-preferential rules of origin and the application of fees, — apply customs rules in a consistent and homogeneous manner across customs offices, notably in the areas of declaration processing, origin, simplified procedures, counterfeiting, selectivity of controls; ensure the application of modern and consistent risk analysis procedures in all offices, — on the basis of a comprehensive and coherent strategy, make sufficient progress in developing all IT interconnectivity systems. Chapter 30: External relations — Prepare for the alignment of all relevant international agreements with third countries and strengthen administrative and control capacities for the common commercial policy. Chapter 31: Foreign, security and defence policy — Strengthen implementation and enforcement of arms control and further improve capacity for full implementation of the Common Foreign Security Policy and European Security and Defence Policy. Chapter 32: Financial control — Adopt and implement public internal financial control legislation and inherent policies supported by adequate implementation capacity, — safeguard the functional and financial independence of the State Audit Institution by means of amended constitutional provisions or national legislation having equivalent effect, adoption and implementation of necessary accompanying legislation, — align the Criminal Code with the acquis on protection of the EU’s financial interests as well as with the convention on the protection of financial interests and its protocols, — set up an effective and efficient coordination service to guarantee fulfilment of the obligations arising from Article 280(3) of the EC Treaty and application of the acquis concerning on-the-spot checks and inspections carried out by the Commission, in particular the obligation of assistance to Commission inspectors, — take legislative and administrative measures to comply with the acquis on the protection of the euro against counterfeiting. Chapter 33: Financial and budgetary provisions — Increase administrative capacity and prepare procedural rules to ensure, from accession, the correct calculation, forecasting, collection, payment, control and reporting to the EU on own resources. 4. PROGRAMMING Community assistance will be provided through the instrument for pre-accession (IPA) and, for programmes adopted before 2007, Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia (2) (CARDS regulation). Accordingly, this Decision will have no financial implications. The financing agreements serve as legal basis for the implementation of the concrete programmes. Croatia can also have access to funding from multi-country and horizontal programmes. 5. CONDITIONALITY Assistance to the Western Balkan countries is conditional on further progress on satisfying the Copenhagen criteria and on meeting the requirements of the Stabilisation and Association Agreement and specific priorities of this Accession Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 21 of Council Regulation (EC) No 1085/2006 or, in the case of pre-2007 programmes, on the basis of Article 5 of Regulation (EC) No 2666/2000. The assistance is also 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. Specific conditions are also included in individual annual programmes. The financing decisions will be followed by a financing agreement signed with Croatia. 6. MONITORING The implementation of the Accession Partnership shall be examined in the framework of the Stabilisation and Association Process, including through the annual Reports presented by the Commission, in the context of the political and economic dialogues, as well as on the basis of information provided to the accession conference. (1) Some Member States underlined in this context the importance of accelerating the process of restitution of property, in line with the relevant Croatian Constitutional Court rulings. (2) OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

Summary: Accession Partnership with Croatia Accession Partnership with Croatia The purpose of the Accession Partnership is to assist the Croatian authorities in their efforts to meet the accession criteria, especially the political criteria (or Copenhagen criteria). It covers in detail the principles and priorities for the country’s accession preparations, with particular reference to implementation of the acquis, and forms the reference framework for programming pre-accession assistance from Community funds. ACT Council Decision 2008/119/EC of 12 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2006/145/EC. SUMMARY The Accession Partnership is the main instrument intended to provide the Croatian authorities with guidance in their preparations for accession to the European Union (EU) since accession negotiations were started on 3 October 2005. This Accession Partnership is an instrument in the pre-accession strategy. The legal basis of the Accession Partnership with Croatia is Regulation (EC) No 533/2004 establishing partnerships with countries of the western Balkans. The partnerships are flexible instruments modified according to progress achieved and tasks remaining. The priorities identified are thus defined by the Commission's opinion on the accession request. They are modified, if necessary, on the basis of reports. The Council of the EU adopts the Accession Partnership, and any subsequent amendments, by a qualified majority on the basis of a proposal from the Commission. OBJECTIVE The objective of the partnership for accession is to register in a single legal framework: the priorities for reform; guidelines for financial assistance with a view to implementing these priority areas; the principles and conditions for implementing the Partnership. In order to achieve the priorities identified in the Accession Partnership, Croatia is adopting a national programme for transposing the Community acquis (NPAA). This includes the procedures and programme for implementing the Partnership. The follow-up to the Partnership implementation is ensured within the framework of the Stabilisation and Association Agreement (SAA), notably the Commission's annual follow-up reports. PRIORITIES The priorities are both realistic and attainable goals relating to legislation and its implementation. They are based principally on Croatia's ability to comply with: the Copenhagen criteria laid down in 1993; the conditions set for the stabilisation and association process (Council conclusions of 27 April 1997 and 21 and 22 June 1999); the Zagreb declaration of 2000; the 2003 Thessaloniki agenda; the negotiation framework adopted on 3 October 2005. The Accession Partnership with Croatia includes: key priorities, which are short-term priorities. They relate to: commitments made under the SAA; reform of public administration and the judicial system; the fight against corruption; application of the Constitutional Law on National Minorities; completion of the refugee return and integration process; reconciliation among citizens in the region; cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); resolution of outstanding bilateral issues, particularly in fields relating to borders and fishing; and improvement in business and economic growth potential; political criteria, most importantly democracy and the rule of law (public administration, judicial system, fight against corruption), human rights and the protection of minorities, regional issues and international obligations (protecting the environment and fishing, refugee return, reintegrating returnees, criminal proceedings as regards war crimes, judicial, police and regional cooperation, and border and bilateral issues); economic criteria aiming to guarantee macroeconomic stability, budgetary transparency and management of public debt, to improve management of the health sector, the social welfare system and pensions, to facilitate business entry, to improve the institutional framework for privatisation and restructuring of public enterprises, and to strengthen the labour market; the ability to assume the obligations of membership, namely adoption and implementation of the acquis for 33 of the 35 chapters (thematically arranged by EU legislation policy) to which the accession negotiations apply. The priorities identified in this Partnership will constitute the basis for future evaluations by the Commission, which regularly evaluates the progress made by Croatia on compliance with the accession criteria, including on the adoption and effective implementation of the acquis. FINANCIAL FRAMEWORK Croatia has benefited from financial assistance intended to support it in preparing for accession with the pre-accession financial instrument (IPA) for the period 2007-2013. The IPA replaces the instruments Phare, ISPA and SAPARD and CARDS, from which Croatia benefited in the period 2000–2006. The assistance planned for Croatia under the IPA includes the multiannual indicative financial framework (MIFF link to related MIFF acts) for the period 2009–2011 and the aid planned for Croatia, namely around EUR 749.8 million (including 2007 and 2008). The country is also eligible for funding (including loans and grants) from the European Investment Bank (EIB) under its external lending mandate for the EU's south-eastern neighbours. In this context, the accession partnership for Croatia serves as a reference framework for determining the different areas to which funds will be allocated. However, the decisions instituting the financial instruments and the programming documents form the legal framework for financial assistance. Failure to comply with the SAA, the Copenhagen criteria and the priorities defined by the Partnership may result in financial assistance being suspended. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2008/119/EC 19.2.2008 - OJ L 42 of 16.2.2008 RELATED ACTS Commission Communication of 20 April 2004: Opinion on Croatia’s Application for Membership of the European Union [COM(2004) 257 final – Not published in the Official Journal]. Conclusions of the Brussels European Council of 16 and 17 December 2004 (FR) (pdf). The European Council decided to open accession negotiations with Turkey. BILATERAL RELATIONS Stabilisation and Association Agreement between the European Community and its Member States, on the one part, and the Republic of Croatia, on the other: [Official Journal L 26 of 28.1.2005]. FINANCIAL ASSISTANCE Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an instrument for pre-accession assistance (IPA) [Official Journal L 210 of 31.7.2006]. Multi-annual indicative financial framework (MIFF) for: 2008–2010 [COM(2006) 672 final – Not published in the Official Journal]; 2009–2011 [COM(2007) 689 final – Not published in the Official Journal]. Multiannual indicative planning document 2007–2009 for Croatia [EN] [PDF]. EVALUATION The Reports (EN) are available on the website of the European Commission's Directorate-General for Enlargement. Last updated: 29.05.2008