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Instrument for Pre-Accession Assistance

Outline of the Community (European Union) legislation about Instrument for Pre-Accession Assistance

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Agriculture: enlargement

Instrument for Pre-Accession Assistance (IPA)

Document or Iniciative

Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) [See amending act(s)].

Summary

The Instrument for Pre-Accession Assistance (IPA) is the financial instrument for the European Union (EU) pre-accession process for the period 2007-2013. Assistance is provided on the basis of the European Partnerships of the potential candidates and the Accession Partnerships of the candidate countries, which means the Western Balkan countries, Turkey and Iceland. The IPA is intended as a flexible instrument and therefore provides assistance which depends on the progress made by the beneficiary countries and their needs as shown in the Commission’s evaluations and strategy papers.

Nature of the IPA

The beneficiary countries are divided into two categories, depending on their status as either candidate countries under the accession process or potential candidates under the stabilisation and association process, namely:

candidate countries (Annex I to the Regulation): the former Yugoslav Republic of Macedonia, Croatia, Turkey;
potential candidate countries as defined at the Santa Maria da Feira European Council of 20 June 2000 (Annex II to the Regulation): Albania, Bosnia and Herzegovina, Iceland, Montenegro, Serbia including Kosovo as defined by the United Nations Security Council Resolution 1244/1999.

The annexes will be amended as and when changes in the status of the countries occur, pursuant to a Council decision adopted by qualified majority on a proposal from the Commission.

Exceptionally, and in the interests of coherence and efficiency, other countries may benefit from measures financed by the IPA. Provided these measures form part of a regional, cross-border, trans-national or worldwide framework and do not duplicate other programmes under Community external aid instruments.

The IPA was designed so as to address the needs of the beneficiary countries within the context of pre-accession policy in the most appropriate way. Its main aim is to support institution-building and the rule of law, human rights, including the fundamental freedoms, minority rights, gender equality and non-discrimination, both administrative and economic reforms, economic and social development, reconciliation and reconstruction, and regional and cross-border cooperation.

To ensure targeted, effective and coherent action, the IPA is made up of five components, each covering priorities defined according to the needs of the beneficiary countries. Two components concern all beneficiary countries:

the “support for transition and institution-building” component, aimed at financing capacity-building and institution-building;
the “cross-border cooperation” component, aimed at supporting the beneficiary countries in the area of cross-border cooperation between themselves, with the EU Member States or within the framework of cross-border or inter-regional actions.

The other three components are aimed at candidate countries only:

the “regional development” component, aimed at supporting the countries’ preparations for the implementation of the Community’s cohesion policy, and in particular for the European Regional Development Fund and the Cohesion Fund;
the “human resources development” component, which concerns preparation for participation in cohesion policy and the European Social Fund;
the “rural development” component, which concerns preparation for the common agricultural policy and related policies and for the European Agricultural Fund for Rural Development (EAFRD).

Candidate countries are therefore prepared for full implementation of the Community acquis at the time of accession. While potential candidates shall benefit from support to progressively align themselves to the Community acquis. Potential candidates may however benefit from similar measures as those provided under the last three components under the framework of the first component. The difference is essentially in the way these measures are implemented, since for the three components preparing for implementation of the structural and agricultural funds the beneficiary country is required to manage Community funds in a decentralised manner.

Management and implementation of the IPA

The IPA is based on strategic multi-annual planning established in accordance with the broad political guidelines set out in the Commission’s enlargement package, which now includes a Multi-annual Indicative Financial Framework (MIFF). The MIFF takes the form of a table presenting the Commission’s intentions for the allocation of funds for the three forthcoming years, broken down by beneficiary and by component, on the basis of the needs and the administrative and management capacity of the country concerned and compliance with the Copenhagen accession criteria.

The strategic planning is made up of multi-annual indicative planning documents, with the MIFF constituting the reference framework. They are established for each beneficiary country and cover the main intervention areas envisaged for that country.

As regards action on the ground, annual or multi-annual programmes (depending on the component) based on the indicative planning documents, are adopted by the Commission. They are implemented following three management methods: by centralised, decentralised or shared management.

Assistance under the IPA can take, inter alia, the following forms:

investment, procurement contracts or subsidies;
administrative cooperation, involving experts sent from the Member States;
participation in Community programmes or agencies;
measures to support the implementation process and management of the programmes;
budget support (granted exceptionally and subject to supervision).

The rules of participation for implementing the different programmes launched under the IPA are flexible enough to ensure that the instrument is effective. Participation in the award of procurement or grant contracts is open to all natural and legal persons and international organisations. As such, natural persons must be nationals of, or legal persons established in:

a Member State of the EU or the European Economic Area (EEA);
a country that is a beneficiary of the IPA or a country that is a beneficiary of the European Neighbourhood and Partnership Instrument (ENPI).

Moreover participation is also open to natural and legal persons from countries other than those mentioned above where these countries enjoy reciprocal access to Community external assistance. Reciprocal access is based on a country’s or regional group of countries’ status as a donor and is subject to a Commission decision adopted after consulting the IPA Committee.

All supplies and materials needed to implement such contracts must comply with the rules of origin, in other words they must originate in the EU or a country eligible under the previous paragraph. Experts are not subject to the nationality condition.

However, in exceptional cases, the Commission may depart from these rules. Moreover, operations may be co-financed by the EU and a regional organisation, a Member State or a third country (subject to reciprocity), or financed by the EU and implemented via an international organisation. In this case the natural or legal persons eligible for co-financing are also entitled to IAP financing.

The management of funds granted under this Regulation complies with the general management conditions for Community funds set out in Regulation (EC, Euratom) No 1605/2002, which the Commission is responsible for implementing (management, monitoring, evaluation, reporting). Such management must also comply strictly with the rules on the protection of the Community’s financial interests. In this context the Commission and the Court of Auditors have the power of audit over all contractors and subcontractors, on the basis of documents and on the spot, ex ante and ex post.

The Commission is also assisted by committees. The purpose of the IPA Committee set up by the Regulation is to ensure coordination and coherence between assistance granted under the different components. However, for implementing the “regional development”, “human resources development” and “rural development” components, the Commission is assisted by committees established within the framework of each structural fund.

The application of the IPA is also subject to a suspension clause, which applies to all beneficiary countries that fail to comply with the principles of democracy, the rule of law, human rights and minority rights, and the commitments contained in the partnership (accession partnership or European partnership). It also applies to countries that fail to make sufficient progress towards fulfilment of accession criteria or, for the Western Balkan countries, towards the reform process. The Council may then take appropriate measures, acting by qualified majority on a proposal from the Commission, after informing the European Parliament.

Background

This Regulation forms part of the revised external aid framework for the 2007-2013 financial perspective, in particular in terms of efficiency and coherence, while taking into account the specific features of pre-accession aid. The IPA must be consistent with development aid, but its primary aim is to prepare the beneficiary countries for accession in the not too distant future. One of the main characteristics of pre-accession aid is its bridging function, since it is designed to prepare countries for the period after accession.

The IPA therefore provides a unique and rationalised framework. As such it will replace, from 1 January 2007, the programmes for the period 2000-2006, namely:

the programmes for candidate countries, namely Phare, SAPARD and ISPA, Phare Cross-Border Cooperation (CBC) and Coordination, pre-accession financial assistance for Turkey;
the programmes for potential candidate countries, namely CARDS.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1085/2006	1.8.2006 – 31.12.2013	–	OJ L 210, 31.7.2006

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) No 540/2010	14.7.2010	–	OJ L 158 of 24.6.2010

Related Acts

IMPLEMENTATION OF THE IAP

Commission Regulation (EU) No 80/2010 of 28 January 2010 amending Regulation (EC) No 718/2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)
This Regulation clarifies the rules on granting and evaluating pre-accession assistance. Furthermore, it establishes Community rules for the five thematic IPA components. It also includes the potential for funding granted under cross-border cooperation.

Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA) [Official Journal L 170 of 29.6.2007].

Decision 2007/766/EC of 14 November 2007 drawing up the list of regions and areas eligible for financing under the Cross-border Cooperation Component of the Instrument for Pre-accession Assistance for the purpose of cross-border cooperation between Member States and beneficiary countries for the period 2007 to 2013 [Official Journal L 310 of 28.11.2007].

PLANNING

Communication from the Communication to the European Parliament and the Council of 12 October 2011 – Instrument for pre-accession assistance (IPA). Revised multi-annual indicative financial framework for 2012-2013 [COM(2011) 641 final – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament of 14 October 2009 – Instrument for pre-accession assistance (IPA) – Multi-annual indicative financial framework for 2011-2013 [COM(2009) 543 final – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament of 5 November 2008 – Instrument for pre-accession assistance (IPA) multi-annual indicative financial framework for 2010-2012 [COM(2008) 705 final – Not published in the Official Journal].

Communication from the Commission to the Council and the European Parliament – Instrument for pre-accession assistance (IPA) – Multi-annual indicative financial framework for 2009-2011 [COM(2007) 689 final – Not published in the Official Journal].

Communication from the Commission of 8 November 2006 to the Council and the European Parliament – Instrument for pre-accession assistance (IPA). Multi-annual indicative financial framework for 2008-2010 [COM(2006) 672 final – Not published in the Official Journal].

REPORT

Report from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 23 December 2009 – 2008 ANNUAL Report on the implementation of the instrument for pre-accession assistance (IPA) [COM(2009) 699 final – Not published in the Official Journal].

Report from the Commission to the Council, the European Parliament and the European Economic and Social Committee of 15 December 2008 – 2007 Annual IPA Report [COM(2008) 850 final – Not published in the Official Journal].

Accession Partnership with the former Yugoslav Republic of Macedonia

Outline of the Community (European Union) legislation about Accession Partnership with the former Yugoslav Republic of Macedonia

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Enlargement > Ongoing enlargement > The former Yugoslav Republic of Macedonia

Accession Partnership with the former Yugoslav Republic of Macedonia

Document or Iniciative

Council Decision 2008/212/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the former Yugoslav Republic of Macedonia and repealing Decision 2006/57/EC.

Summary

The Accession Partnership with the former Yugoslav Republic of Macedonia is the main instrument for helping the Government of the FYROM to realise the country’s prospect of joining the European Union (EU). After submitting its application for membership on 22 March 2004, the FYROM was granted candidate-country status by the European Council on 17 December 2005.

The Accession Partnership with the FYROM is an instrument of the stabilisation and association process set up under the Thessaloniki agenda (2003) for the western Balkan countries. The European Partnerships and the Accession Partnerships for the western Balkan countries have Regulation (EC) No 533/2004 as their legal basis.

OBJECTIVE

The objective of the Partnership is to register in a common reference framework:

the priority areas where reforms and efforts are required; these are identified according to the country’s requirements and involve the adoption and implementation of appropriate legislation;
guidelines for financial assistance for taking action in these priority areas;
the principles and conditions governing implementation of the Partnership.

The Council of the European Union adopts the Accession Partnership, as well as its subsequent amendments, by a qualified majority on the basis of a proposal from the Commission.

The current Partnership supersedes the Partnership of 2006 and updates it by identifying new priorities. European Partnerships are flexible instruments designed to reflect the progress made by the countries concerned and to highlight the efforts still required in other areas as identified by the Commission’s evaluations.

With a view to achieving the objectives identified in the Accession Partnership, the FYROM must adopt an action plan setting out procedures and a programme for implementing the priorities of the Partnership.

Implementation of the Partnership is monitored within the framework of the stabilisation and association process and its mechanisms, in particular the annual evaluation report presented by the Commission.

PRIORITIES

The Accession Partnership establishes priorities which are both realistic and attainable goals. In this regard, a distinction is made between short-term and medium-term priorities, which are expected to be achieved within one to two years and within three to four years respectively.

The priorities identified for the FYROM relate to its capacity to meet:

the Copenhague criteria of 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 Thessaloniki agenda of 2003.

The short- and medium-term priorities are classified as follows:

the key priorities are short-term priorities. They focus on the application of the Stabilisation and Association Agreement (SAA), the establishment of a constructive political dialogue, the implementation of the police law, the demonstration that sustainable progress has been made in implementing judicial reforms and anti-corruption legislation, the civil service, including the prevention of political interference in the recruitment and the career of officials, the creation of jobs and the consolidation of the rule of law in order to improve the business climate;
the requirements relating to the political criteria cover democracy and the rule of law (implementation of the Ohrid Framework Agreement, the electoral process, the public authorities, the administration, the judicial system, the fight against corruption); respect for human rights and the protection of minorities (through compliance with international and European standards, such as those of the Council of Europe; the creation of law-enforcement bodies and judicial and prison administrations; the fight against discrimination; the protection of human, women’s and children’s rights; the equitable representation of communities and access to education for minorities); regional questions and international obligations (cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY); regional cooperation and dialogue, including the implementation of the Central European Free Trade Agreement; good neighbourly relations, and in particular finding a negotiated and mutually acceptable solution for the country’s name; implementation of cooperation agreements with neighbouring countries, notably on cross-border cooperation, the fight against organised crime, trafficking and smuggling, the management of external borders, readmission and the environment);
the requirements relating to the economic criteria for strengthening legal certainty for economic operators (the registration of land and real estate) and the functioning of the market economy; the improvement of public services (creation and modernisation of infrastructures); the viability of the electricity market; the quality of public spending and of education; labour market performance and the reduction of unemployment; the integration of the informal economy into the formal economy and the modernisation of national infrastructures for improving the economy’s competitiveness, particularly with regard to energy and transport;
the ability to assume the obligations of membership concerning the adoption and implementation of the Community acquis regarding a certain number of EU policies classified under headings.

FINANCIAL FRAMEWORK

The FYROM receives financial assistance to help it fulfil the accession criteria. The Accession Partnership serves as a reference instrument for determining the different areas where funds are allocated (according to identified priorities). The decisions which establish the various financial instruments and programming documents provide the actual legal framework for the financial assistance.

The Instrument for Pre-Accession Assistance (IPA) is the sole financial instrument for candidate countries and potential candidate countries for the period 2007-2013. It replaces the CARDS Programme, the financial instrument of the stabilisation and association process for the countries of the western Balkans covering the period 2000-2006. Over this period, a total of EUR 298.2 million was allocated to the FYROM under CARDS.

Financial assistance for national programmes under the IPA for 2007-2010 should be EUR 401.1 million, in line with the multiannual indicative financial framework (MIFF) for 2009-2011 (including 2007 and 2008) .

Community assistance is conditional on recipient countries abiding by the essential elements which govern their relations with the EU, particularly the effective implementation of reforms. Under the Accession Partnership, the FYROM is required to comply with the Copenhagen criteria and the priorities defined by the Partnership. Failure to meet these requirements could result in the Council suspending financial assistance.

The FYROM also receives funding from the European Investment Bank (EIB), principally within the framework of the mechanism for granting regional loans to the EU’s south-eastern neighbours. This mandate covers the candidate countries and the countries of the western Balkans. The financing provided by the EIB takes the form of grants and loans.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2008/212/EC	22.3.2008	–	OJ L 80 of 19.3.2008

Related Acts

Communication of 5 March 2008 from the Commission to the European Parliament and the Council entitled “Eastern Balkans: Enhancing the European perspective” [COM(2008)127 final – Not published in the Official Journal].

Commission Communication of 27 January 2006 entitled “The Western Balkans on the road to the EU: consolidating stability and raising prosperity” [COM(2006) 27 – Not published in the Official Journal].

BILATERAL RELATIONS

Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part [Official Journal L 84 of 20.3.2004].

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].

Multiannual indicative financial framework (MIFF) for:

2008 to 2010 [COM(2006) 672 final – Not published in the Official Journal];
2009 to 2011 [COM(2007) 689 final – Not published in the Official Journal.

Multiannual indicative planning document 2007-2009 for the former Yugoslav Republic of Macedonia (pdf )
.

EVALUATION

The reports are available on the website of the Commission’s Directorate-General for Enlargement.