2006/145/EC: Council Decision of 20 February 2006 on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2004/648/EC

• Published date: 25 February 2006
• Date of Signature: 08 December 2006
• Subject Matter: External relations,Cooperation,Assistance
• Official Gazette Publication: Official Journal of the European Union, L 55, 25 February 2006

25.2.2006 EN Official Journal of the European Union L 55/30

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COUNCIL DECISION

of 20 February 2006

on the principles, priorities and conditions contained in the Accession Partnership with Croatia and repealing Decision 2004/648/EC

(2006/145/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 1a and 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 of materialising the European perspective of the Western Balkan countries within the framework of the Stabilisation and Association Process.

(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.

(3) The Council adopted on 13 September 2004 a European Partnership with Croatia (2).

(4) On 3 October 2005, the Member States started negotiations with Croatia on its accession to the European Union. The advancement 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 Partnership, as regularly revised.

(5) It is therefore appropriate to adopt an Accession Partnership which updates the current Partnership in order to identify renewed priorities for further work, on the basis of the findings of 2005 Progress Report on Croatia’s preparations for further integration with the European Union.

(6) Regulation (EC) No 533/2004 stated that the follow-up to the Accession Partnerships will be ensured within the framework of the mechanisms established under the Stabilisation and Association Process.

(7) In order to prepare for further integration with the European Union, Croatia is expected to develop a plan with a timetable and specific measures to address the priorities of this Accession Partnership.

(8) Decision 2004/648/EC should therefore be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

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

Article 2

The implementation of the Accession Partnership shall be examined through the mechanisms established under the Stabilisation and Association Process, notably the annual Progress Reports presented by the Commission.

Article 3

Decision 2004/648/EC shall be repealed.

Article 4

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

Done at Brussels, 20 February 2006.

For the Council

The President

J. PRÖLL

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(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 2004/648/EC of 13 September 2004 on the principles, priorities and conditions contained in the European Partnership with Croatia (OJ L 297, 22.9.2004, p. 19).

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ANNEX

CROATIA: ACCESSION PARTNERSHIP 2005

1. INTRODUCTION

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

A European Partnership with Croatia was adopted by the Council on 13 September 2004. On 3 October 2005, the Member States started negotiations with Croatia on its accession to the European Union. It is appropriate to adopt an Accession Partnership which updates the previous European Partnership on the basis of the findings of the 2005 Commission’s Progress Report on Croatia. This new Accession Partnership identifies new priorities for action. The new priorities are adapted to the country’s specific needs and stage of preparation and will be updated as necessary. The Accession Partnership also provides guidance for financial assistance to the country.

Croatia is expected to develop a plan including a timetable and specific measures to address the Accession Partnership priorities.

2. PRINCIPLES

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

The main priorities identified for Croatia relate to its capacity to progress in preparing for accession, and in particular to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set for the Stabilisation and Association Process, notably the conditions defined by the Council in its Conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda, 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. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and the implementation thereof. Taking into account the substantial costs required for the implementation and enforcement of the acquis as well as the complexity of the EU requirements in certain areas, this partnership does not include all important tasks at this stage. Future partnerships will include further priorities in line with progress made by the country.

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

3.1. SHORT-TERM PRIORITIES

Key priorities

— Implement the strategy and action plan for judicial reform in consultation with interested bodies, including the adoption of necessary new legislation.

— Adopt and begin implementation of a national strategy for preventing and combating corruption and provide for the required coordination among the relevant government departments and bodies involved in its implementation, including making the Office for the Suppression of Corruption and Organised Crime fully operational.

— Accelerate implementation of the Constitutional Law on National Minorities. In particular, urgently take steps to ensure proportional representation of minorities in local and regional self government units, in the State administration and judicial bodies, and in bodies of the public administration.

— Complete the process of refugee return, including all cases of repossession, reconstruction and housing care for former occupancy/tenancy rights holder, and further enhance regional cooperation for accelerating the process of refugee return and local integration, in particular by contributing to implementing the Sarajevo Declaration.

— Pursue efforts aimed at reconciliation among citizens in the region.

— Maintain full cooperation with the International Criminal Tribunal for the former Yugoslavia.

— Work to find definitive solutions to pending bilateral issues, in particular border issues with Slovenia, Serbia and Montenegro and Bosnia and Herzegovina.

— Ensure proper implementation of all commitments undertaken in the Stabilisation and Association Agreement (SAA) in areas such as competition policy, in particular the need to adopt and implement a restructuring plan for the steel sector, and the acquisition of real estate. Conclude ongoing and forthcoming negotiations on trade matters linked to the SAA (such as on a protocol introducing a tariff quota on sugar, the enlargement protocol and further trade concessions on agricultural and fisheries products), and ensure proper implementation of their results.

Political criteria

Democracy and The Rule of Law

— Take steps to adopt consistent and permanent electoral legislation, which regulates issues such as voters’ lists, out-of-country voting and campaign financing in a transparent manner.

Public administration

— Fully implement public administration reform measures on recruitment, promotion and training, and improve human resource management in all bodies of the public administration in order to ensure accountability, efficiency, openness, transparency, depoliticisation and a high level of professionalism of the public service.

— Ensure effective follow-up of identified shortcomings with respect to civilian control of all security services.

Judicial system

— Make headway in reducing the case backlog in courts.

— Make progress in rationalising the organisation of courts including the development of modern information technology systems.

— Establish an open, fair and transparent system of recruitment, evaluation and promotion and enhance professionalism in the judiciary by ensuring adequate State funding for high quality training for judges, prosecutors and administrative staff.

— Take measures to ensure proper and full execution of court rulings.

— Ensure access to justice and legal aid and make available the corresponding budgetary

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