Perspektivë

EU Perspective 05/2008 The Delegation of the European Commission to Albania celebrates European Week

From 2 to 9 May, the Delegation of the European Commission to Albania in co-operation with the EU Member State Embassies in Tirana, EU Presidency, the Ministry of European Integration and civil society organizations celebrated the European Week 2008 in Tirana. Under the slogan “It is not them and us, but you and me” it included a series of political, social, educational and cultural activities with the sole intention of transmitting messages of peace and solidarity, principles that constitute the foundations of the European Union. These activities kicked off with a Press Conference by the Head of the EC Delegation to Albania Ambassador Helmuth Lohan, the EU Member States ambassadors and the Albanian Minister of European Integration. Explaining the aim of these activities Ambassador Lohan underlined that “we would like to reach you directly, 2008.05.02 – Eu Info Bus in Durres the citizens of Albania, bringing you information on the EU. But, we want to of being fully ratified by all EU Member 2008 included 30 different kinds of listen to your thoughts and suggestions States; the Interim Agreement, in force activities. The Head of the Delegation on Albania’s road towards the European since December 2006 is creating the on behalf of the European Commission integration”. legal basis for the further improvement hosted a concert of the Albanian of EU–Albania relations. We have signed well known violinist Ervis Gega and The Albanian Minister of European the visa facilitation agreement and the the chamber orchestra “Rheinisches Integration highlighted the fact that these political dialogue on full liberalization Kammerensemble Mainz”, at the National celebrations could not have happened at has already started”, said Mrs. Majlinda Theatre. The concert was attended by the a better time for Albania. “We are invited Bregu. Commissioner for Science and Research, to join NATO; the SAA is in the process The festivities of the European Week Mr. Janez Potočnik. The Italian, the Hungarian and the Dutch Embassies organised concerts of classic, Baroque and chamber music, performed by local and European artists, which were widely followed by the Albanian public and attracted positive acclaim in the media. The Delegation organised for the first time a National Competition for the Design of an EU mascot for the Albanian children, aiming to draw the attention of the younger generation on the European Union through the launch of the first step of an information campaign dedicated to them. The competition was addressed to both design artists and students of art schools around the country and more than 30 applications became part of this competition. The awarding ceremony for the best mascot was organised at the Gallery of the Academy of Arts. “Good Morning Europe”, a get-together of high school children in the main square

CONTINUE ON PAGE 2 2008.05.02 – Inauguration of the EU Week 2008 in Tirana

3 4 5-8 European EURALIUS II OVERVIEW Commissioner EC for Science European Assistance THE ACQUIS and Research, Mission to the Justice COMMUNAUTAIRE Janez Potočnik System in Albania visits Albania

Delegation of the European Commission to Albania monthly newsletter - May 2008 of Albania’s capital to celebrate Europe Day with musical tones and dances was organised on the 9 May. The event started with a bike racing under the slogan “With a bike towards Europe without smog” in the main boulevard of Tirana where the President of the Republic and the Head of the Delegation participated as well. The cultural and academic world took part in the programme of the European Week 2008 through a series of events, mainly dedicated to the challenges of integration for Albania. On the occasion of the latest published edition of the 2008.05.05 - National Theatre, concert of the Albanian violist Ms. Ervis Gega, organised by the Delegation of the European Commission to Albania EU PERSPECTIVE “Sarajevo Notebooks” entitled “The

Best of All”, the Slovenian Presidency of the European Union, the Embassy of the Republic of Slovenia in Skopje in cooperation with the Delegation of the European Commission in Tirana organised a roundtable with writers from the Western Balkans entitled “Western Balkans and European Perspective”. Besides the authors and editors, the presentation was also attended by the European Commissioner for Science and Research, Janez Potočnik.

The Spanish Embassy organised an International Colloquium on: “The European construction process and the future for the Euro Mediterranean relation”, given by Vicent Garcés, Member of the European Parliament. The British Embassy organised a first screening of the Top Channel television documentary “Albania and the UK: European Partners”, followed by a reception. The Czech, 2008.05.07 – Ambassador Lohan, Head of the EC Delegation, at the event Europe and Me Austrian, Polish and French Embassies

contributed the best recent production of their respective countries into a European Film Week organised from 2-9 May.

In the frame of the European Week 2008 festivities and on Europe Day, the Albanian Parliament, the OSCE Presence in Albania and the European Movement organised the conference “Two years after the signing of the SAA - the role of the Albanian Assembly”. The event brought together the highest political representatives of the country. Keynote speakers included Assembly Speaker Jozefina Topalli, Prime Minister Sali Berisha, Minister of Foreign Affairs 2008.05.09 – “Two years after the signing of the SAA – The role of the Albanian Assembly” Conference with Lulzim Basha, Socialist Party Chair Ambassador Helmuth Lohan, Head of the European Commission Delegation, Prime Minister Sali Berisha, Albanian Edi Rama and Ilir Meta, Chair of the Assembly Speaker Jozefina Topalli, Ambassador Robert Bosch, Head of the OSCE Presence in Albania, and Socialist Parliamentary Committee on European Party Chair Edi Rama

Integration, as well as Head of the EC Delegation Ambassador Helmuth Lohan, and Ambassador Robert Bosch, Head of the OSCE Presence in Albania. Finally, the Delegation followed up on the intention expressed last year to extend the scope of the activities beyond the limits of the capital city. Although this posed a challenge in terms of organisation and management the Delegation organised for the first time a tour of an EU Bus around the main cities of the country. The bus toured across five Albanian towns: Shkodra, Durres, Elbasan, Korça, and Tirana. In each town, the programme envisaged lectures and debates in universities where different speakers from both the EC Delegation and the Member States Embassies addressed a selected public. Ambassadors of the 2008.05.07 – Ambassador Lohan, Head of the EC Delegation, awards the prize to the best designed Mascot for an EU campaign for the Albanian children EU Member States to Albania actively participated in this activity. 2 Commissioner Potočnik visits Albania EU PERSPECTIVE

The European Commissioner Mr. Janez Potočnik

Albania’s decision to join the European will also help Albania meet European of Understanding associating Albania Community’s Seventh Framework for technical requirements and standards in to FP7 took place in Brussels on 17 Research (FP7) from 1 January 2008 will food safety, public health, environment December 2007. This visit is part of a tour allow Albanian Researchers to collaborate and energy. This will in turn enhance to all Balkan countries to discuss with the with scientists and engineers across the Albania’s prospects of joining the authorities the importance of research EU Member States and the other Balkan European Union. and cooperation with the European countries on an equal footing. But in order to gain maximum benefit Union. Janez Potočnik, the European from these new research opportunities, Commissioner responsible for Science the Albanian government will need to On 5 May, Commissioner Potočnik and Research, who was in Tirana on 5 take measures to strengthen national participated in two events that were and 6 May to meet Albanian authorities research capacity. The main purpose of part of the European Week 2008. The and scientists, explained that this is a step the European Commissioner’s visit was to Commissioner attended a roundtable with in the right direction: encourage Albania to put research policy writers from the Western Balkans region “By engaging more in research Albania on the political agenda and to commit entitled “Western Balkans and European will not only improve the quality of life more means to strengthening national Perspective”, organised by the Slovenian for its citizens, it will also shift to a more research. EU presidency; and he also opened the competitive knowledge-based economy Commissioner Potočnik’s first state visit concert organised by the Delegation of based on new products and services.” to Albania followed less than 5 months the European Commission to Albania for During his visit Commissioner Potočnik after the signature of the Memorandum the European Week festivities. discussed the importance of investing in research with the President, the Prime Minister and the Albanian Minister of Education and Science. He also spoke to 100 scientists, engineers, researchers and policy makers at an Information Day on FP7 organised by the European Commission’s Directorate-General for Research, the Joint Research Centre (JRC) and the Albanian Ministry of Education and Science. Commisioner Potočnik believes that all Western Balkan countries have much to gain from research cooperation with the EU. This is not only because of access to European research funding, but also from effective integration into the “European Research Area” (ERA). “By working with scientists and companies throughout the European Research Area, which now includes virtually the whole Balkan region, Albania can get many benefits: scientific, socio-economic and political”. 2008.05.04 – “Sarajevo Notebook” round table with Mr. Janez Potočnik, European Research cooperation with the Commissioner for Science and Research, at the Minister of Tourism, Culture and Youth Commission’s Joint Research Centre 3 EURALIUS II: THE MISSION GOES ON The European Commission is continuing to support financially and with know- how the Albanian Justice system, which still remains problematic. That is the reason why it offered 4.5 million Euros for the new European Assistance Mission to the Justice System in Albania referred to as EURALIUS II. Its main scope is to facilitate, through the building of the required capacities within the Ministry of Justice and the Judiciary system, the EU PERSPECTIVE development of a more independent, impartial, efficient, professional, transparent and modern justice system in Albania. Through this process it can 2008.05.16 Official Launch of EURALIUS II Mission contribute considerably to the restoring of people’s confidence in their institutions and to the consolidation of democracy key priorities in the SAA. The rule of and enforcement in order to meet the and rule of law in the country. Another law is a fundamental pre-condition for “standards”. EURALIUS II stands ready to major objective will be to facilitate the membership. Setting the mechanisms give its support on all outstanding reform fulfillment of the Stabilization and that permit the rule of law to be elements”. Association Agreement requirements in implemented properly is a fundamental During the launch event the Minister of the field of Justice Reform, by making the task for all political forces, and we are Justice, Enkleid Alibeaj spoke about the leadership of the Ministry of Justice and pleased to help with another important contribution of this mission. “EURALIUS of the Judiciary fully acquainted with EU assistance mission”, said Ambassador I has considerably contributed in practice and standards. Helmuth Lohan, the Head of the improving our Justice System. We are on During the next two and a half years, European Commission Delegation. He the process of extensively and intensively EURALIUS II will focus on the areas of went on to explain that: “A first step on reforming it so as to bring it closer Justice Organization and Reform, Inter- the reform path has been made with to the standards required by the SAA. Institutional Dialogue, Development of the adoption of amendments to the We are privileged to be assisted by the management capacities, Law Drafting, judicial power law. I understand that professionals of EURALIUS II”, he said. Legal Approximation, Penitentiary there is wide agreement that this was The Head of the Mission, Roland Miklau Issues, Enforcement of Rulings, Court a first step only and that reform of the presented its newly recruited team, which Administration and Criminal Justice. judiciary needs to be comprehensive in consists of 9 long-term international It will also take a coordination and order to be effective. The discussion of experts from different EU Member observation role in the area of land reform legislation and the discussion of States, 3 local experts and a number of administration and immovable property legislation that is intended to reflect the local administrative staff. The project rights. acquis of the EU should therefore also take is implemented by the Austrian Federal “The reform and development of the account of the very practical, day to day Ministry of Justice in consortium with Albanian justice system is one of the issues that concern its implementation the German Federal Ministry of Justice.

President Barroso “Track record is what counts now for Albania” decisions, but only when it is possible shown ambition. Now the EU is awaiting to see those decisions implemented will evidence of consolidation of reforms, it be possible to fix a date for Albania and of putting political, institutional to apply for EU membership. “I assured and administrative reforms into practice. him that the European Commission is There are still some difficulties. So it is committed to enhancing the European necessary to continue working on this perspective for Albania and the Western area”, said Barroso. Balkans. I also encouraged PM Berisha to Following the meeting with the EC press ahead with difficult reforms and to President the Albanian Premier said that strengthen the rule of law. And he gave Albania is determined to carry on in me his assurance that his government implementing all the necessary reforms. is prepared to undertake the hard work “We shall carry on the fight against required to do so successfully,” he said. organized crime and corruption. It will be tackled with zero tolerance. I would The President of the European like to assure President Barroso that The President of the European Commission José Manuel Barroso with the Albanian Prime Minister Commission was quite straightforward my government is ready to sign every Sali Berisha as well when he underlined the necessity agreement with the EU member countries of putting correctly into practice all and to take every necessary step so that the reforms. “A sustained record of in the near future the Albanian nationals The President of the European successfully implementing the SAA can enjoy the free movement as European Commission, José Manuel Barroso met should be established before Albania citizens,” said Mr. Berisha. on 5th of May 2008 in Brussels with the can move further towards the EU. The Albanian Prime Minister, Sali Berisha. European Commission will continue to The President of the European They discussed about Albania’s track provide substantial financial support Commission José Manuel Barroso and record of integration reforms which are to help Albania meet this objective and the Albanian Prime Minister Sali Berisha necessary to join the European Union, realise its European future,” said Mr. discussed in their meeting on regional as well as on other sensitive regional Barroso. developments as well. President Barroso developments. Finally, the EC President said that he felt spoke highly of what he referred to as positive on Albania’s progress, which as “Albania’s constructive role in the region” President Barroso noted that progress he said gave room for optimism. “There and asked Mr. Berisha “to proceed like had been made in terms of political has been real progress. Albania has this in the future”. 4 Milestones on Albania’s Road to Europe

1992: Trade and Co-operation Agreement between the European Union and Albania. Albania becomes eligible for funding under the EU PHARE programme.

1997: Regional Approach. The European Union Council of Ministers establishes political and economic conditionality for the development of bilateral relations.

September 1999: The European Union proposes a new Stabilisation and Association Process (SAP) for five countries of South-Eastern Europe, including Albania.

September 1999: The Feasibility study on a Stabilisation and Association Agreement (SAA) starts. EU PERSPECTIVE

November 1999: The above Feasibility Study is adopted by the Commission.

January 2000: Adoption of the Feasibility Report by the General Affairs Council (GAC).

1999: Albania benefits from Autonomous Trade Preferences with the European Union.

2000: Extension of duty-free access to European Union market for products from Albania.

June 2000: Feira European Council states that all the countries under the SAP are “potential candidates” for European Union membership.

2001: First year of the new CARDS programme specifically designed for the SAP countries.

June 2001: The Commission concludes that it was now appropriate to proceed with a Stabilisation and Association Agreement with Albania.

June 2001: The Göteborg European Council invites the Commission to present draft negotiating directives for the negotiation of a Stabilisation and Association Agreement with Albania.

2002: Council Negotiating directives adopted.

December 2002: Copenhagen European Council confirms the objective of the fullest possible integration of the Western Balkans countries into the political and economic mainstream of Europe and recognises the countries as potential candidates for European Union membership.

January 2003: Official opening of the SAA Negotiations in Albania.

February 2003: First Round of the SAA Negotiations.

March 2003: The Brussels European Council in March 2003 states that “the future of the Western Balkans is within the European Union” and invites “the Council and the Commission to examine ways and means, based also on the experience of the enlargement process, to further strengthen the Union’s policy towards the region.”

May 2003: First Round of Readmission Agreement Negotiations.

May 2003: A communication from the Commission to the Council and the European Parliament on the Western Balkans and European Integration proposes to develop the Stabilisation and Association Process further by introducing certain elements inspired by the pre-accession process.

June 2003: Thessaloniki Council Meeting reaffirms the integration perspective for the Western Balkans and confirms the high priority of the region in the European Union’s agenda.

December 2003: Readmission Agreement initialed.

April 2005: Ratification by the Albanian Parliament of the European Union-Albania Readmission Agreement

June 2006: The European Union and Albania sign the Stabilisation and Association Agreement

January 2008: Visa Facilitation Agreement between the European Union and Albania

5 OVERVIEW - THE ACQUIS COMMUNAUTAIRE

THE ACQUIS IS THE BODY OF COMMON is the creation of effective administrative “home country control” principle, either RIGHTS AND OBLIGATIONS THAT IS BINDING and enforcement capacity, including by establishing branches or by providing ON ALL THE MEMBER STATES OF THE co-operation between supervisory, law services on a cross-border basis. EUROPEAN UNION. FOR THE SCREENING AND enforcement and prosecutorial authorities. SUBSEQUENT MEMBERSHIP NEGOTIATIONS, Chapter 10: Information society and THE ACQUIS IS BROKEN DOWN INTO A NUMBER Chapter 5: Public procurement media OF CHAPTERS, EACH COVERING A SPECIFIC The Acquis on public procurement The Acquis includes specific rules on POLICY AREA. includes general principles of transparency, electronic communications, on information equal treatment, free competition and society services, in particular electronic nondiscrimination. In addition, specific commerce and conditional access services, Chapter 1: Free movement of goods EU rules apply to the co-ordination of the and on audio-visual services. In the field The principle of the free movement of goods award of public contracts for works, services of electronic communications, the Acquis implies that products must be traded freely and supplies, for traditional contracting aims to eliminate obstacles to the effective from one part of the Union to another. In a

EU PERSPECTIVE entities and for special sectors. The Acquis operation of the internal market in number of sectors this general principle is also specifies rules on review procedures telecommunications services and networks, complemented by a harmonised regulatory and the availability of remedies. Specialised to promote competition and to safeguard framework, following the “old approach” implementing bodies are required. consumer interests in the sector, including (imposing precise product specifications) universal availability of modern services. or the “new approach” (imposing general Chapter 6: Company law As regards audio-visual policy, the Acquis product requirements). The harmonised The company law Acquis includes rules on requires the legislative alignment with European product legislation, which needs the formation, registration, merger and the Television without Frontiers Directive, to be transposed, represents the largest part division of companies. In the area of financial which creates the conditions for the of the Acquis under this chapter. In addition, reporting, the Acquis specifies rules for the free movement of television broadcasts sufficient administrative capacity is essential presentation of annual and consolidated within the EU. The Acquis aims to the to notify restrictions on trade and to apply accounts, including simplified rules for establishment of a transparent, predictable horizontal and procedural measures in small- and medium-sized enterprises (SMEs). and effective regulatory framework for areas such as standardisation, conformity The application of International Accounting public and private broadcasting in line assessment, accreditation, metrology and Standards is mandatory for some public with European standards. The Acquis also market surveillance. interest entities. In addition, the Acquis requires the capacity to participate in the specifies rules for the approval, professional community programmes Media Plus and Chapter 2: Freedom of movement for integrity and independence of statutory Media Training. workers audits. Chapter 11: Agriculture and rural Chapter 7: Intellectual property law development The Acquis on intellectual property rights The agriculture chapter covers a large specifies harmonised rules for the legal number of binding rules, many of which protection of copyright and related rights. are directly applicable. The proper Specific provisions apply to the protection application of these rules and their effective of databases, computer programmes, enforcement and control by an efficient semiconductor topographies, satellite public administration are essential for the broadcasting and cable retransmission. In functioning of the common agricultural the field of industrial property rights, the policy (CAP). Running the CAP requires Acquis sets out harmonised rules for the the setting up of management and legal protection of trademarks and designs. quality systems such as a paying agency The Acquis under this chapter provides Other specific provisions apply and the integrated administration and that EU citizens of one Member State for biotechnological inventions, control system (IACS), and the capacity to have the right to work in another Member pharmaceuticals and plant protection implement rural development measures. State. EU migrant workers must be treated products. The Acquis also establishes a Member States must be able to apply in the same way as national workers in Community trademark and Community the EU legislation on direct farm support relation to working conditions, social and design. Finally, the Acquis contains schemes and to implement the common tax advantages. This Acquis also includes harmonised rules for the enforcement of market organisations for various agricultural a mechanism to coordinate national social both copyright and related rights as well products. security provisions for insured persons and as industrial property rights. Adequate their family members moving to another implementing mechanisms are required, in Chapter 12: Food safety, veterinary and Member State. particular effective enforcement capacity. phytosanitary policy This chapter covers detailed rules in the area Chapter 3: Right of establishment and Chapter 8: Competition policy of food safety. The general foodstuffs policy freedom to provide services The competition Acquis covers both antitrust sets hygiene rules for foodstuff production. Member States must ensure that the right and state aid control policies. It includes rules Furthermore, the Acquis provides detailed of establishment of EU national and legal and procedures to fight anticompetitive rules in the veterinary field, which are persons in any Member State, and the behaviour by companies (restrictive essential for safeguarding animal health, freedom to provide cross-border services, agreements between undertakings and animal welfare and safety of food of is not hampered by national legislation, abuse of dominant position), to scrutinise animal origin in the internal market. In the subject to the exceptions set out in the mergers between undertakings, and to phytosanitary field, EU rules cover issues Treaty. The Acquis also harmonises the rules prevent governments from granting state such as quality of seed, plant protection concerning regulated professions to ensure aid which distorts competition in the internal material, harmful organisms and animal the mutual recognition of qualifications and market. Generally, the competition rules are nutrition. diplomas between Member States; for certain directly applicable in the whole Union, and regulated professions a common minimum Member States must co-operate fully with Chapter 13: Fisheries training curriculum must be followed in the Commission in enforcing them. The Acquis on fisheries consists of regulations, order to have the qualification automatically which do not require transposition into recognised in an EU Member State. As Chapter 9: Financial service national legislation. regards postal services, the Acquis also aims However, it requires the introduction of at opening up the postal services sector to measures to prepare the administration and competition in a gradual and controlled the operators for participation in the common way, within a regulatory framework which fisheries policy, which covers market policy, assures a universal service. resource and fleet management, inspection and control, structural actions and state aid Chapter 4: Free movement of capital control. In some cases, existing fisheries Member States must remove, with some agreements and conventions with third exceptions, all restrictions on movement countries or international organisations of capital both within the EU and between need to be adapted. Member States and third countries. The Acquis also includes rules concerning cross- Chapter 14: Transport policy border payments and the execution of EU transport legislation aims at improving transfer orders concerning securities. the functioning of the internal market by The directive on the fight against money The Acquis in the field of financial services promoting safe, efficient and environmentally laundering and terrorist financing requires includes rules for the authorisation, operation sound and user-friendly transport services. banks and other economic operators, and supervision of financial institutions in the The transport Acquis covers the sectors of particularly when dealing in high-value items areas of banking, insurance, supplementary road transport, railways, inland waterways, and with large cash transactions, to identify pensions, investment services and securities combined transport, aviation and maritime customers and report certain transactions. A markets. Financial institutions can operate transport. It relates to technical and safety key requirement to combat financial crime across the EU in accordance with the standards, security, social standards, state

6 OVERVIEW - THE ACQUIS COMMUNAUTAIRE aid control and market liberalisation in the transport, external trade, agriculture, Member States must respect EU legislation context of the internal transport market. environment, and science and technology. in general, for example in the areas No transposition into national legislation is of public procurement, competition Chapter 15: Energy needed as the majority of the Acquis takes and environment, when selecting and the form of regulations. implementing projects. Member States must have an institutional framework in Chapter 19: Social policy and place and adequate administrative capacity employment to ensure programming, implementation, The Acquis in the social field includes monitoring and evaluation in a sound and minimum standards in the areas of labour cost-effective manner from the point of view law, equality, health and safety at work and of management and financial control. anti-discrimination. The Member States participate in social dialogue at European Chapter 23: Judiciary and fundamental level and in EU policy processes in the areas rights of employment policy, social inclusion and EU policies in the area of judiciary and EU PERSPECTIVE social protection. The European Social Fund fundamental rights aim to maintain is the main financial tool through which and further develop the Union as an EU energy policy objectives include the the EU supports the implementation of its area of freedom, security and justice. improvement of competitiveness, security employment strategy and contributes to The establishment of an independent of energy supplies and the protection of the social inclusion efforts (implementation and efficient judiciary is of paramount environment. The energy Acquis consists rules are covered under Chapter 22, which importance. Impartiality, integrity and a of rules and policies, notably regarding deals with all structural instruments). high standard of adjudication by the courts competition and state aids (including in are essential for safeguarding the rule of the coal sector), the internal energy market Chapter 20: Enterprise and industrial law. This requires a firm commitment to (opening up of the electricity and gas policy eliminating external influences over the markets, promotion of renewable energy EU industrial policy seeks to promote judiciary and to devoting adequate financial sources), energy efficiency, nuclear energy industrial strategies enhancing resources and training. Legal guarantees for and nuclear safety and radiation protection. competitiveness by speeding up adjustment fair trial procedures must be in place. Equally, to structural change, encouraging an Member States must fight corruption Chapter 16: Taxation environment favourable to business effectively, as it represents a threat to the The Acquis on taxation covers extensively creation and growth throughout the EU, as stability of democratic institutions and the he area of indirect taxation, namely value- well as domestic and foreign investments. rule of law. A solid legal framework and added tax (VAT) and excise duties. It lays It also aims to improve the overall business reliable institutions are required to underpin down the scope, definitions and principles environment in which SMEs operate. It a coherent policy of prevention and of VAT. Excise duties on tobacco products, involves privatisation and restructuring deterrence of corruption. Member States alcoholic beverages and energy products (see also Chapter 8 – Competition policy). must ensure respect for fundamental rights are also subject to EU legislation. As EU industrial policy mainly consists of and EU citizens’ rights, as guaranteed by concerns direct taxation, the Acquis covers policy principles and industrial policy the Acquis and by the Fundamental Rights some aspects of taxing income from savings communications. EU consultation forums Charter. of individuals and of corporate taxes. and Community programmes, as well as Furthermore, Member States are committed communications, recommendations and Chapter 24: Justice, freedom and security to complying with the principles of the Code exchanges of best practices relating to EU policies aim to maintain and further of Conduct for Business Taxation, aimed at SMEs, aim to improve the formulation and develop the Union as an area of freedom, the elimination of harmful tax measures. co-ordination of enterprise policy across the security and justice. On issues such as border Administrative co-operation and mutual internal market on the basis of a common control, visas, external migration, asylum, assistance between Member States is definition of SMEs. The implementation of police co-operation, the fight against aimed at ensuring a smooth functioning enterprise and industrial policy requires organised crime and against terrorism, co- of the internal market as concerns taxation adequate administrative capacity at the operation in the field of drugs, customs and provides tools to prevent intra- national, regional and local level. co-operation and judicial co-operation in Community tax evasion and tax avoidance. criminal and civil matters, Member States Member States must ensure that the Chapter 21: Trans-European networks need to be properly equipped to adequately necessary implementing and enforcement implement the growing framework of capacities, including links to the relevant common rules. Above all, this requires a EU computerised taxation systems, are in strong and well-integrated administrative place. capacity within the law enforcement agencies and other relevant bodies, which Chapter 17: Economic and monetary must attain the necessary standards. A policy professional, reliable and efficient police The Acquis in the area of economic and organisation is of paramount importance. monetary policy contains specific rules The most detailed part of the EU’s policies requiring the independence of central on justice, freedom and security is the banks in Member States, prohibiting direct Schengen Acquis , which entails the lifting of financing of the public sector by the central internal border controls in the EU. However, banks and prohibiting privileged access of for the new Member States, substantial parts the public sector to financial institutions. This chapter covers the Trans-European of the Schengen Acquis are implemented Member States are expected to co-ordinate Networks policy in the areas of transport, following a separate Council Decision, to be their economic policies and are subject telecommunications and energy taken after accession. to the Stability and Growth Pact on fiscal infrastructures, including the Community surveillance. New Member States are also guidelines on the development of the Chapter 25: Science and research committed to complying with the criteria Trans-European Networks and the support The Acquis in the field of science and laid down in the Treaty in order to be able measures for the development of projects research does not require transposition of to adopt the euro, in due course, after of common interest. The establishment and EU rules into the national legal order. accession. Until then, they will participate development of Trans-European Networks Implementation capacity relates to the in the Economic and Monetary Union as a and the promotion of proper interconnection existence of the necessary conditions for Member State with a derogation from the and inter-operability of national networks effective participation in the EU’s Framework use of the euro and shall treat their exchange aim to take full advantage of the internal Programmes. In order to ensure full and rates as a matter of common concern. market and to contribute to economic successful association with the Framework growth and the creation of employment in Programmes, Member States need to ensure Chapter 18: Statistics the European Union. the necessary implementing capacities The Acquis in the field of statistics requires in the field of research and technological the existence of a statistical infrastructure Chapter 22: Regional policy and co- development, including adequate staffing. based on principles such as impartiality, ordination of structural instruments reliability, transparency, confidentiality The Acquis under this chapter consists Chapter 26: Education and culture of individual data and dissemination mostly of framework and implementing The areas of education, training, youth and of official statistics. National statistical regulations, which do not require culture are primarily the competence of the institutes act as reference and anchor transposition into national legislation. They Member States. A co-operation framework points for the methodology, production and define the rules for drawing up, approving on education and training policies aims dissemination of statistical information. The and implementing Structural Funds and to converge national policies and the Acquis covers methodology, classifications Cohesion Fund programmes reflecting each attainment of shared objectives through and procedures for data collection in various country’s territorial organisation. These an open method of co-ordination, which areas such as macro-economic and price programmes are negotiated and agreed led to the “Education and Training 2010” statistics, demographic and social statistics, with the Commission, but implementation programme, which integrates all actions regional statistics, and statistics on business, is the responsibility of the Member States. in the fields of education and training at

7 OVERVIEW - THE ACQUIS COMMUNAUTAIRE

European level. As regards cultural diversity, The customs services must also ensure Chapter 33: Financial and budgetary Member States need to uphold the principles adequate capacities to implement and provisions enshrined in Article 151 of the EC Treaty and enforce special rules laid down in related This chapter covers the rules concerning ensure that their international commitments areas of the Acquis, such as external trade. the financial resources necessary for the allow for preserving and promoting cultural funding of the EU budget (‘own resources’). diversity. Member States need to have Chapter 30: External relations These resources are made up mainly from the legal, administrative and financial The Acquis in this field consists mainly of contributions from Member States based framework and necessary implementing directly binding EU legislation which does on traditional own resources from customs capacity in place to ensure sound financial not require transposition into national law. and agricultural duties and sugar levies; management of the education, training and This EU legislation results from the EU’s a resource based on Value-Added Tax; youth Community programmes. multilateral and bilateral commercial and a resource based on the level of gross commitments, as well as from a number of national income. Member States must Chapter 27: Environment autonomous preferential trade measures. have appropriate administrative capacity

EU PERSPECTIVE EU environment policy aims to promote In the area of humanitarian aid and to adequately coordinate and ensure the sustainable development and protect development policy, Member States need to correct calculation, collection, payment and the environment for present and future comply with EU legislation and international control of own resources. The Acquis in this generations. It is based on preventive commitments and ensure the capacity to area is directly binding and does not require action, the polluter pays principle, fighting participate in the EU’s development and transposition into national law. environmental damage at source, shared humanitarian policies. responsibility and the integration of Applicant countries are required to Chapter 34 - Institutions environmental protection into other EU progressively align policies towards third This chapter covers the institutional and policies. The Acquis comprises over 200 major countries and positions within international procedural rules of the EU. When a country legal acts covering horizontal legislation, organisations with the policies and positions joins the EU, adaptations need to be made water and air quality, waste management, adopted by the Union and its Member to these rules to ensure this country’s equal nature protection, industrial pollution States. representation in EU institutions (European control and risk management, chemicals Parliament, Council, Commission, Court and genetically modified organisms (GMOs), Chapter 31: Foreign, security and defence of Justice) and other bodies, and the good noise and forestry. Compliance with the policy functioning of decision-making procedures Acquis requires significant investment. A The Common Foreign and Security Policy (such as voting rights, official languages strong and wellequipped administration (CFSP) and the European Security and and other procedural rules) as well as at national and local level is imperative for Defence Policy (ESDP) are based on legal elections to the European Parliament. the application and enforcement of the acts, including legally binding international EU rules in this chapter do not affect the environment Acquis. agreements, and on political documents. internal organisation of a Member State, but The Acquis consists of political declarations, acceding countries need to ensure that they Chapter 28: Consumer and health actions and agreements. are able to participate fully in EU decision- protection Member States must be able to conduct making by setting up the necessary bodies The consumer protection Acquis covers political dialogue in the framework of the and mechanisms at home and by electing the safety of consumer goods as well as CFSP, to align with EU statements, to take or appointing wellprepared representatives the protection of the economic interests of part in EU actions and to apply agreed to the EU institutions. After concluding the consumers in a number of specific sectors. sanctions and restrictive measures. accession negotiations, specific rules for Member States need to transpose the Applicant countries are required to the interim period until accession ensure a Acquis into national law and to put in place progressively align with EU statements, and smooth integration of the country into EU independent administrative structures and to apply sanctions and restrictive measures structures: an information and consultation enforcement powers which allow for effective when and where required. procedure is put in place and, once the market surveillance and enforcement of the Accession Treaty is signed, the acceding Acquis. Appropriate judicial and out-of-court Chapter 32: Financial control country is granted active observer status in dispute resolution mechanisms, as well as the European Parliament and Council, as consumer information and education and well as in Commission committees. a role for consumer organisations should be ensured as well. In addition, this chapter Chapter 35 - Other issues covers specific binding rules in the area of This chapter includes miscellaneous issues public health. which come up during the negotiations but which are not covered under any other Chapter 29: Customs union negotiating chapter.

The Acquis under this chapter relates to THE CONTENT OF THE ACQUIS the adoption of internationally agreed and The Acquis is the body of common rights and EU compliant principles, standards and obligations that is binding on all the Member methods of public internal financial control States of the European Union. It is constantly The customs union Acquis consists almost (PIFC) that should apply to the internal evolving and comprises: exclusively of legislation which is directly control systems of the entire public sector, binding on the Member States. It includes including the spending of EU funds. In • the content, principles and political objec- the EU Customs Code and its implementing particular, the Acquis requires the existence tives of the Treaties; provisions, the combined nomenclature, of effective and transparent financial • legislation adopted pursuant to the Treaties common customs tariff and provisions on management and control systems (including and the case law of the Court of Justice; tariff classification, customs duty relief, duty adequate ex-ante, ongoing and ex-post • declarations and resolutions adopted by the suspensions and certain tariff quotas, and financial control or inspection); functionally Union; other provisions such as those on customs independent internal audit systems; the • instruments under the Common Foreign and control of counterfeit and pirated goods, relevant organisational structures (including Security Policy; drugs precursors, export of cultural goods as central coordination); an operationally well as on mutual administrative assistance and financially independent external audit • instruments under Justice and Home Affairs; in customs matters and transit. organisation to assess, amongst others, the • international agreements concluded by the Member States must ensure that the quality of the newly established PIFC systems. Community and those entered into by the necessary implementing and enforcement This chapter also includes the Acquis on the Member States among themselves within the capacities, including links to the relevant EU protection of EU financial interests and the sphere of the Union’s activities. computerised customs systems, are in place. fight against fraud involving EU funds.

Please visit the websites below or contact the Delegation of the Telephone: (355) 4 228320 or 230871 - 228479 - European Commission to Tirana 234284 - 229851 Fax: (355) 4 230752 or 274412 www.delalb.ec.europa.eu e-mail: [email protected] www.europa.eu Publisher: Delegation of the European Commission to Tirana www.ec.europa.eu/enlargement The views expressed in this publication do not necessarily reflect the www.eu2008.si views of the European Commission Delegation of the European Commission to Tirana, Albania: If you would like to receive the next edition please Rruga Durrësit, 127-1 , Tirana , Albania email: [email protected] or contact the Delegation of the European Commission to Tirana

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