Tag Archives: CZ

Czech Republic – Strengthening of the institutional and administrative capacities

Czech Republic – Strengthening of the institutional and administrative capacities

Outline of the Community (European Union) legislation about Czech Republic – Strengthening of the institutional and administrative capacities

Topics

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

Enlargement > Enlargement 2004 and 2007 > Partnership for the accession of the Czech Republic

Czech Republic – Strengthening of the institutional and administrative capacities

Short-term priorities:

  • improving capacity in banking and insurance sector supervision, internal financial control, environment and agriculture;
  • strengthening the relevant phytosanitary and veterinary administrations, particularly as regards facilities at external borders;
  • making a start on setting up the necessary structures for regional and structural policies.

Assessment (October 1999)

There was some progress with setting up the structures needed for implementing regional and structural policies. None was made, however, on administrative capacity building in the insurance sector, environment and agriculture. Similarly, little was done to improve phytosanitary and veterinary facilities at the external borders. Neither was there any movement on the adoption of a system of internal financial control in the national administration.

Assessment (November 2000)

A law on the civil service has been prepared but has not yet been adopted. Progress has been made in the reform of the judicial system, but much remains to be done. Internal financial auditing remains ineffective.

Assessment (November 2001)

The implementation of the reform of the civil service has not begun. Although some progress has been made in reforming the judicial system, the autonomy of the judiciary and the training of judges must be improved. Internal and external financial controls have improved. The Sapard agency has yet to be accredited. The national and rural development plans have been drawn up.

Assessment (October 2002)

These priorities have not been assessed. The section on the Partnership for accession in the 2002 report focuses on issues which require more work in order to prepare the Czech Republic for accession.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Medium-term priorities:

  • continue the policy to modernise public administration;
  • improve the operation of the judicial system and customs authorities and train the judiciary in Community law and its application;
  • establish independent bodies to supervise data and consumer protection;
  • reinforce the relevant justice and home affairs institutions (ensuring sufficient and properly trained personnel, in particular for the police, border posts, and ministries and courts);
  • strengthen the nuclear safety authority;
  • complete the alignment of financial control capacity;
  • reform of customs and tax administrations to ensure readiness to apply the acquis;
  • reinforce food inspection services.

Assessment (October 1999)

The Government has focused particularly on public administration reform, although no legislation has been adopted in this respect. It has presented Parliament with a general reform programme aiming to overcome the main deficiencies in the judicial system. The operation of the customs and tax administrations continues to improve.

Assessment (November 2000)

No progress has been recorded in these priorities.

Assessment (November 2001)

With regard to financial control, the administrative capacities have been strengthened. The reform of the judiciary is under way. The Czech statistical office is operating well and the legislation in this field has been brought into line with the acquis.

Assessment (October 2002)

These priorities have not been assessed.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Following the signing of the Accession Treaty on 16 April 2003, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia acceded to the European Union on 1 May 2004.

References

Decision 98/267/EC of 30.3.1998
Official Journal L 121, 23.4.1998

Decision 1999/858/EC of 6.12.1999
Official Journal L 335, 28.12.1999

Commission Opinion COM(97) 2009 final
Not published in the Official Journal

Commission Report COM(98) 708 final
Not published in the Official Journal

Commission Report COM(1999) 503 final
Not published in the Official Journal

Commission Report COM(2000) 703 final
Not published in the Official Journal

Commission Report COM(2001) 700 final – SEC (2001) 1746
Not published in the Official Journal

Commission Report COM(2002) 700 final – SEC (2002) 1402
Not published in the Official Journal

Commission Report COM(2003) 675 final – SEC(2003) 1200
Not published in the Official Journal

Treaty of Accession to the European Union [Official Journal L 236, 23.09.2003]

This summary is for information only and is not designed to interpret or replace the reference document.

Czech Republic – internal market

Czech Republic – internal market

Outline of the Community (European Union) legislation about Czech Republic – internal market

Topics

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

Enlargement > Enlargement 2004 and 2007 > Partnership for the accession of the Czech Republic

Czech Republic – internal market

Short-term priorities:

  • intellectual property rights (legislation and enforcement);
  • certification and standardisation (further aligning legislative measures with the acquis and concluding a European conformity assessment agreement);
  • amending the anti-trust law;
  • further developing the legislative framework for controlling State aid and increasing transparency through the establishment of an additional State aid inventory.
  • free movement of goods: amending horizontal legislation on technical requirements for products, conformity assessment and public health protection;
  • free movement of capital: aligning laws on telecommunications, insurance and bonds;
  • free movement of services: reinforcing the Securities Commission and widening its field of operation.

Assessment (October 1999)

Progress has been made in the fields of standardisation and certification, following the adoption of substantial sectoral legislation. Nevertheless, the amended framework law on technical requirements has still not been adopted. The negotiations relating to the Protocol on European conformity assessment are continuing. Progress has also been made in respect of the frontier controls to be applied to intellectual property rights. Part of the inventory of existing State aid has been drawn up. On the other hand, there has been no progress in the fields of anti-trust and State aid legislation.

Assessment (November 2000)

Considerable progress has been made in the area of industrial property and copyright legislation, but the implementation and monitoring of these laws needs to be improved. As regards company law, the issue of the protection of small shareholders has not yet been dealt with. The new law on the protection of personal data is in line with the relevant Community legislation, but the planned independent supervisory authority has yet to be established. The priority regarding the free movement of goods has been met. As regards the free movement of capital, problems remain regarding non-residents’ right to purchase real estate and the closure of existing anonymous accounts. Limited progress has been made with the priorities regarding the free movement of services. Antitrust law is not yet in line with Community law. Major progress has been achieved in the legislation on State aid, and a large part of the inventory has been completed.

Assessment (November 2001)

Transposition has been completed in the field of intellectual and industrial property rights. Czech company law is generally in line with Community legislation, as is Czech data protection law. An independent supervisory authority has been set up in this sector. Good progress has been made with alignment in the field of the free movement of goods and in the audiovisual sector. The liberalisation of capital movements has almost been completed. Substantial progress has been made on competition matters. The telecommunications regulatory authority should be more independent.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Medium-term priorities:

  • alignment of legislation on public procurement, accounting, data protection, financial services, indirect taxation, the audiovisual sector and consumer protection;
  • further development of standardisation and conformity assessment bodies and establishment of a market surveillance system;
  • adoption of technical legislation in respect of industrial products;
  • strengthening of the relevant competition authorities;
  • completion of the alignment of competition law with the acquis;
  • promotion of enterprise development (particularly SMEs);
  • alignment with the acquis in the fields of telecommunications, consumer protection and the internal energy market.

Assessment (October 1999)

The Czech Republic has made progress in aligning its banking legislation and its technical legislation in the field of industrial products. It has also continued its SME-support policies.

Assessment (November 2000)

As regards public procurement, the national preference clause has yet to be abolished. A new law on data protection has been adopted. The adoption of new laws on insurance and strengthening the insurance supervisory authority constitutes major progress. The staff responsible in the area of competition have been well-trained in Community competition policy. Some progress has been made in aligning consumer protection legislation.

Assessment (November 2001)

In the field of public procurement, the national preference clause should be repealed. The transposition of intellectual and industrial property law is almost complete. The legislation on data protection is virtually in line with Community legislation and a supervisory body has been set up. There has been good progress in aligning the free movement of goods, insurance and VAT, but this is not the case with the free movement of persons. The application of antitrust and State aid rules still needs to be guaranteed. Significant progress has been made in the field of consumer protection. The customs legislation is closely aligned to the Community legislation.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Following the signing of the Accession Treaty on 16 April 2003, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia acceded to the European Union on 1 May 2004.

References

Decision 98/267/EC of 30.03.1998
Official Journal L 121, 23.04.1998

Decision 99/858/EC of 6.12.1999
Official Journal L 335, 28.12.1999

Commission Opinion COM(97) 2009 final
Not published in the Official Journal

Commission Report COM(98) 708 final
Not published in the Official Journal

Commission Report COM(1999) 503 final
Not published in the Official Journal

Commission Report COM(2000) 703 final
Not published in the Official Journal

Commission Report COM(2001) 700 final – SEC(2001) 1746
Not published in the Official Journal

Commission Report COM(2003) 675 final – SEC(2003) 1200
Not published in the Official Journal

Treaty of Accession to the European Union [Official Journal L 236, 23.09.2003]

This summary is for information only and is not designed to interpret or replace the reference document.

Czech Republic – Justice and Home Affairs

Czech Republic – Justice and Home Affairs

Outline of the Community (European Union) legislation about Czech Republic – Justice and Home Affairs

Topics

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

Enlargement > Enlargement 2004 and 2007 > Partnership for the accession of the Czech Republic

Czech Republic – Justice and Home Affairs

Short-term priorities:

  • development of effective border management.

Assessment (October 1999)

This priority has not been met. No progress has been made in this sector.

Assessment (November 2000)

Little progress has been made in the strengthening of border controls. The new Act on Asylum and the Act on the Residence of Aliens are consistent with the acquis. The Money Laundering Act brings Czech legislation more into line with the acquis. The results obtained in the fight against economic crime, corruption and organised crime remain inadequate. More interinstitutional cooperation and greater numbers of qualified staff are required in this field.

Assessment (November 2001)

Significant progress has been made towards alignment with the acquis in the area of border controls, particularly with a view to joining the SIS (Schengen Information System). Advances have also been made in asylum and immigration policy. However, more needs to be done to bring Czech legislation into line with the acquis in the field of fighting organised crime, corruption and money laundering. This priority has therefore only been partly met.

Assessment (October 2002)

The Czech Republic has addressed the problems associated with the need to step up border controls and to improve coordination between organisations and controls at green borders.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Medium-term priorities:

  • development of effective border management;
  • implementation of migration policy and reform of asylum procedures;
  • fight against drugs and organised crime (in particular money laundering, drugs and trafficking in human beings;
  • fight against corruption;
  • more effective operation of the judiciary and law enforcement;
  • alignment of visa policy with that of the European Union and completion of alignment to international conventions, particularly with a view to applying the Schengenacquis.

Assessment (October 1999)

A start has been made on the reform of asylum procedures. The government is paying increasing attention to the fight against organised crime and corruption, although efforts remain insufficient.

Assessment (November 2000)

Significant progress has been made in aligning visa policy.

Assessment (November 2001)

The reform of the Code of Criminal Procedure has made possible a far-reaching modernisation of the judicial system. Given the lack of proper training for the police, the fight against organised crime remains one of the most serious problems. The alignment of visa legislation should be completed before accession. This priority has therefore only been partly met.

Assessment 2002

Measures aimed at improving the system for issuing visas and cooperation between all the units responsible for controlling migration are broadly under way.

As far as asylum procedure is concerned, the relevant legislative measures have been adopted to ensure that an independent body participates in the procedure as second appeal instance.

In order to strengthen the new strategy of combating organised crime, in January 2002 the Czech Republic launched a thoroughgoing reform of the police service and implemented a reform of the Criminal Proceedings Code. Specific measures were taken to strengthen the training offered to police forces in the field of organised crime and drugs, particularly as regards the liaison officer with EUROPOL and the Ukraine. Further efforts are needed in the implementation of the project set in the Action Plan for “Prevention and repression of trafficking in human beings, especially women and children”.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Following the signing of the Accession Treaty on 16 April 2003, Cyprus, the Czech Republic, Estonia,Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia acceded to the European Union on 1 May 2004.

References

Decision 98/267/EC of 30.03.1998
Official Journal L 121, 23.04.1998

Decision 1999/858/EC of 6.12.1999
Official Journal L 335, 28.12.1999

Commission opinion COM(97) 2009 final
Not published in the Official Journal

Commission Report COM(98) 708 final
Not published in the Official Journal

Commission Report COM(1999) 503 final
Not published in the Official Journal

Commission Report COM(2000) 703 final
Not published in the Official Journal.

Commission Report COM(2001) 700 final SEC(2001) 1746
Not published in the Official Journal.

Commission Report COM(2002) 700 final – SEC(2002) 1402
Not published in the Official Journal

Commission Report COM(2003) 675 final – SEC(2003) 1200
Not published in the Official Journal

Treaty of Accession to the European Union [Official Journal L 236, 23.09.2003]

This summary is for information only and is not designed to interpret or replace the reference document.

Czech Republic – Environment

Czech Republic – Environment

Outline of the Community (European Union) legislation about Czech Republic – Environment

Topics

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

Enlargement > Enlargement 2004 and 2007 > Partnership for the accession of the Czech Republic

Czech Republic – Environment

Short-term priorities

  • continued transposition of framework legislation;
  • development of detailed approximation programmes and implementation strategies related to individual acts;
  • planning and initial implementation of these programmes and strategies.

Assessment (October 1999)

These priorities have been met only in part.
Some progress has been made on aligning legislation, particularly on water protection and the management of waste and chemicals. However, there has been no progress with the transposition of framework legislation or the implementation of approximation programmes or strategies related to individual acts.

Assessment (November 2000)

Although the transposition of framework legislation has begun in certain areas such as water quality, air quality and waste management, many measures still need to be taken. The directive on environment impact assessment has not been transposed. No strategy has been devised for investing in the environment.

Assessment (November 2001)

Good progress has been achieved in alignment on the Community legislation, except on air protection, nature protection and industrial pollution prevention and control. An investment strategy for the environment is needed.

Assessment (October 2002)

Progress has been made towards completing the transposition of the acquis, particularly with regard to integrated pollution prevention and control. A priority should be transposition of the nature protection legislation.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Medium-term priorities

  • development of monitoring and implementation control structures and capacities;
  • on-going planning of approximation programmes related to individual legal acts;
  • particular emphasis on air, water and waste;
  • environmental protection requirements and the need for sustainable development need to be integrated into the definition and implementation of national sectoral policies.

Assessment (October 1999)

Some progress has been achieved in aligning sectoral legislation.

Assessment (November 2000)

Administrative capacity has been stepped up by increasing the staff of the Ministry of Agriculture and the Czech environmental inspection authority.

Assessment (November 2001)

Alignment remains to be completed in the fields of nature protection, air protection and industrial pollution control. There are still gaps in the legislation to implement and enforce the acquis. There is a need to strengthen administrative capacity and coordination between different governmental bodies.

Assessment (October 2002)

Some provisions of the new legislation on water and waste do not accord with the acquis. Further training activities are needed in relation to environmental impact assessment. In the water sector, the monitoring network still needs to be brought in line with acquis requirements concerning drinking and groundwater, nitrates and dangerous substances. Concerning dangerous substances, the main sources of pollution have been identified and the inventory has been updated. For biocides, an Authorisation Authority has been set up and a classification, packaging and labelling system has been established. Further efforts are needed on nature protection. Some progress has been made with stepping up administrative, monitoring and enforcement capacity at national and regional level. Investment planning capacity needs to be further improved. A national strategy for sustainable development has been adopted.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Following the signing of the Accession Treaty on 16 April 2003, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia acceded to the European Union on 1 May 2004.

References

Decision 98/267/EC of 30.03.1998
Official Journal L 121 of 23.04.1998

Decision 1999/858/EC of 6.12.1999
Official Journal L 335 of 28.12.1999

Commission opinion COM(97) 2009 final
Not published in the Official Journal

Commission Report COM(98) 708 final
Not published in the Official Journal

Commission Report COM(1999) 503 final
Not published in the Official Journal

Commission Report COM(2000) 703 final
Not published in the Official Journal

Commission Report COM(2001) 700 final SEC(2001) 1746
Not published in the Official Journal

Commission Report COM(2002) 700 final – SEC(2002) 1402
Not published in the Official Journal

Commission Report COM(2003) 675 final – SEC(2003) 1200
Not published in the Official Journal

Treaty of Accession to the European Union [Official Journal L 236, 23.09.2003]

This summary is for information only and is not designed to interpret or replace the reference document.

Czech Republic – Agriculture

Czech Republic – Agriculture

Outline of the Community (European Union) legislation about Czech Republic – Agriculture

Topics

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

Enlargement > Enlargement 2004 and 2007 > Partnership for the accession of the Czech Republic

Czech Republic – Agriculture

Short-term priorities

  • to take the measures needed to implement the common agricultural policy;
  • to continue with alignment and modernisation of the inspection facilities;
  • to modernise production sites for meat and milk products with regard to hygiene and public health;
  • to harmonise the identification system for bovine animals.

Assessment (November 2000)

Some progress has been made in implementing the common agricultural policy. Little has been done to improve veterinary and plant health inspection methods or modernise production sites for meat and milk products. Progress has been made on the cattle identification system.

Assessment (November 2001)

Progress continues as regards the implementation of the common agricultural policy, rural development and the livestock identification system. Progress is still needed in the veterinary field and on modernising production facilities for meat and milk products.

Assessment (October 2002)

Progress continues to be made. The Czech Republic must continue its alignment with the Community acquis in the veterinary sector.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Medium-term priorities:

  • completion of alignment with the agricultural acquis (notably in the phytosanitary and veterinary fields, and particularly as regards external border controls);
  • developing the necessary capacities for implementing and applying the common agricultural policy, particularly the basic management mechanisms and administrative structures needed to control agricultural markets and implement structural and rural development measures;
  • adopting and implementing veterinary and plant health rules;
  • upgrading certain food processing centres and some testing and diagnostic facilities;
  • restructuring the agri-food sector;
  • land restitution process in particular and creation of an operational property market.

Assessment (October 1999)

These priorities have not been respected.

Assessment (November 2000)

Progress has been made on the establishment of management mechanisms for the common agricultural policy and on the animal identification system. The hazard analysis critical control points system was introduced.

Assessment (November 2001)

Despite satisfactory progress in implementing the common agricultural policy and as regards alignment on the acquis, progress is still needed on all aspects of the acquis.

Assessment (October 2002)

Progress continues to be made. The Czech Republic must continue its alignment with the Community acquis in the veterinary sector.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Following the signing of the Accession Treaty on 16 April 2003, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia acceded to the European Union on 1 May 2004.

References

Decision 98/267/EC, 30.03.1998
Official Journal L 121, 23.04.1998

Decision 1999/858/EC, 06.12.1999
Official Journal L 335, 28.12.1999

Commission Opinion COM(97) 2009 final
Not published in the Official Journal

Commission Report COM(98) 708 final
Not published in the Official Journal

Commission Report COM(1999) 503 final
Not published in the Official Journal

Commission Report COM(2000) 703 final
Not published in the Official Journal

Commission Report COM(2001) 700 final – SEC(2001) 1746
Not published in the Official Journal

Commission Report COM(2002) 700 final – SEC(2002) 1401
[Not published in the Official Journal]

Commission Report COM(2003) 675 final – SEC(2003) 1200
Not published in the Official Journal

Treaty of Accession to the European Union [Official Journal L 236, 23.09.2003]

This summary is for information only and is not designed to interpret or replace the reference document.

Czech Republic – Economic Reform

Czech Republic – Economic Reform

Outline of the Community (European Union) legislation about Czech Republic – Economic Reform

Topics

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

Enlargement > Enlargement 2004 and 2007 > Partnership for the accession of the Czech Republic

Czech Republic – Economic Reform

Short-term priorities:

  • establishment of short-term economic policy priorities and joint assessment within the framework of the Europe Agreement;
  • implementation of policies to maintain both internal and external balance;
  • improvement of the framework for corporate governance, in particular by accelerating the restructuring of certain industrial sectors, such as steel and banking;
  • implementation of the laws regulating the financial sector (banks and investment companies);
  • enforcement of supervision by the new Securities and Exchange Commission.

Assessment (October 1999)

These priorities have been broadly met.
The Czech Government has adopted a medium-term economic policy. External imbalances and inflation have been reduced. Privatisation of the remaining banks with large state participation is progressing well, but the share of classified loans is still high. A policy on industrial restructuring has been adopted, but its implementation has not yet begun. A restructuring plan for the steel industry has yet to be adopted.
The Securities Commission has made an effective start on enforcing existing rules. Its financial independence needs to be assured however, and its regulatory powers strengthened.

Assessment (November 2000)

These priorities have been met in part. Progress has been made on restructuring the banking sector and only one bank remains to be privatised. The volume of bad loans – 26% of gross domestic product (GDP) – is causing concern. The Government has promoted the restructuring and privatisation of enterprises, but little progress has been made on restructuring the steel industry. The Bankruptcy Law has been amended with the aim of accelerating bankruptcy proceedings, but its effective application is still a problem.

Assessment (November 2001)

The restructuring of the banking sector is progressing well, and privatisation has been completed. However, the volume of bad loans remains high. There is still no restructuring plan for the steel sector. As the bankruptcy legislation adopted in 2000 has proved ineffective a new law is currently being drafted.

Assessment (October 2002)

A revised plan for restructuring the steel sector has been drawn up. There has been uneven progress in improving the business environment.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Medium-term priorities:

  • promoting the competitiveness of the private sector;
  • completing the privatisation of industry and carrying out the programme for liberalising the public services;
  • setting up fiscal supervision machinery, including the excessive deficit reporting procedure, the preparation of medium-term fiscal strategies and the improvement of budget transparency;
  • ongoing reform of the financing of the healthcare and pension system.

Assessment (November 2000)

Good progress has been made in promoting the competitiveness of the private sector. A number of programmes have been put in place to aid the creation and development of private enterprises, with particular attention to small and medium-sized enterprises (SMEs).

Assessment (November 2001)

Little progress has been made in privatising industry and liberalising public services. Fiscal supervision is satisfactory. The reform on healthcare and pensions is progressing slowly.

Assessment (October 2002)

The privatisation of businesses and liberalisation of public services have made significant progress thanks to the sale of strategic companies and services last year. No major fiscal reform, notably in health and pension systems, has been launched, with the result that public finances deteriorated during the reference period. The priorities of the partnership for accession have been partly met.

Assessment (November 2003)

Please refer to the fact sheets on the adoption of the Community acquis.

Following the signing of the Accession Treaty on 16 April 2003, Cyprus, the Czech Republic, Estonia,Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia acceded to the European Union on 1 May 2004.

References

Decision 98/267/EEC of 30 March 1998
Official Journal L 121 of 23 April 1998

Decision 99/858/EEC of 6 December 1999
Official Journal L 335 of 28 December 1999

Commission Opinion COM(97) 2009 final
Not published in the Official Journal

Commission Report COM(98) 708 final
Not published in the Official Journal

Commission Report COM(1999) 503 final
Not published in the Official Journal

Commission Report COM(2000) 703 final
Not published in the Official Journal

Commission Report COM(2001) 700 final SEC(2001) 1746
Not published in the Official Journal

Commission Report COM(2002) 700 final SEC(2002) 1402
Not published in the Official Journal

Commission Report COM(2003) 675 final – SEC(2003) 1200
Not published in the Official Journal

Treaty of Accession to the European Union [Official Journal L 236, 23.09.2003]

This summary is for information only and is not designed to interpret or replace the reference document.

Czech republic – adoption of the community acquis

Czech republic – adoption of the community acquis

Outline of the Community (European Union) legislation about Czech republic – adoption of the community acquis

Topics

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

Enlargement > Enlargement 2004 and 2007 > Czech republic – adoption of the community acquis

Czech republic – adoption of the community acquis

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Czech Republic

Czech Republic

Outline of the Community (European Union) legislation about Czech Republic

Topics

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

Internal market > Single Market for Goods > Single market for goods: external dimension

Czech Republic

1) References

Commission Opinion [COM(97) 2009 final – Not published in the Official Journal]
Commission Report [COM(98) 708 final – Not published in the Official Journal]
Commission Report [COM(1999) 503 final – Not published in the Official Journal]
Commission Report [COM(2000) 703 final – Not published in the Official Journal]
Commission Report [COM(2001) 700 final – SEC(2001) 1746 – Not published in the Official Journal]
Commission Report [COM(2002) 700 final – SEC(2002) 1402 – Not published in the Official Journal]
Commission Report [COM(2003) 675 final – SEC(2003) 1200 – Not published in the Official Journal]
Treaty of Accession to the European Union [Official Journal L 236 of 23.09.2003]

2) Summary

In its Opinion of July 1997, the Commission considered that the Czech Republic had made significant progress in taking on the acquis related to the free movement of goods and noted that it had already taken on the most important directives. Implementation of the provisions of the Europe Agreement and the White Paper was generally good. However, the Commission called on the Czech Republic to monitor developments with regard to legislation and inspection structures for industrial product safety.

The November 1998 Report noted that substantial progress had been made in this field, including in standardisation and certification.

The October 1999 Report notes that progress is continuing to be made in this field.

The November 2000 Report noted steady progress in the field of the free movement of goods and the customs union.

The November 2001 Report observed steady progress in the field of the free movement of goods but no progress on the customs union.

In its October 2002 Report, the Commission notes that significant progress has been made.

In its November 2003 Report, the Commission notes that the Czech Republic is essentially meeting the requirements for membership.
The Treaty of Accession was signed on 16 April 2003 and accession took place on 1 May 2004.

COMMUNITY ACQUIS

Free movement of goods can only be achieved by removing measures which restrict trade – not only customs duties and quantitative restrictions but all measures with equivalent, i.e. protectionist, effect.

Where technical standards are not harmonised, the principle of mutual recognition of national rules applies (in line with the Cassis de Dijon judgment).

For the purpose of harmonisation, the European Community has developed the ” New Approach “. Instead of imposing technical solutions, European Community legislation is limited to establishing the essential requirements which products must meet.

EVALUATION

The alignment of legislation is well advanced, in particular the “New Approach” directives on machinery, simple pressure apparatus, pressure equipment, construction materials, medical equipment and lifts. In the sectors covered by product-specific legislation, progress has been made in areas such as foodstuffs, pharmaceuticals, chemicals and textiles.

However, full transposition of all New Approach directives depends on the entry into force of the Framework Act which in some cases will be amended by the new Act on Public Health Protection. The planned amendment to the 1997 Framework Act on technical requirements for products and conformity assessment has still to be adopted by parliament. In April 2000, an amendment to the law on technical requirements for products entered into force. It relates to essential requirements and conformity assessment procedures and will permit the full implementation of the principles of the New Approach.

As regards public procurement, the new law amending the 1994 Act by including in its scope the public utilities sector (water, energy, transport and communications) came into force on 1 June 2000. In the 2002 report, the Commission notes that the transposition of the acquis on public procurement has been delayed and must be addressed before accession. The 2003 report notes that the alignment needs to be finalised to ensure equal access for Community companies through abolition of the national preference clause.

The framework legislation on horizontal and procedural measures is more or less in place. In May 2002, an amendment was made to the law on technical requirements for products, some elements of which enter into force on accession.

Efforts are also needed in product liability and safety (see Consumers).

In January 1999, approximately 90% of European standards had been adopted. The transposition of legislation on medical equipment was carried out with the adoption of government orders laying down technical requirements for such apparatus and devices destined for implantation in the human body. A new decree on foodstuffs transposing EC directives on processing aids and additives has been adopted. Considerable progress has been achieved in the chemicals field with the new Framework Act on chemical substances and preparations, supplemented by the adoption of thirteen implementing decrees covering a significant part of Community legislation in this area. The three new decrees on textiles adopted to implement the 1992 Act on Consumer Protection cover all EC directives in this field. The law on product safety, which entered into force in July 2001, has further aligned Czech legislation with the acquis. The 2002 report states that 99% of all harmonised Community standards are already implemented.

The Czech Republic has also strengthened the administrative structures in this area. In January 1999, the Czech Office for Standards, Metrology and Testing set up a centre for the translation of EC regulations. A registration centre for chemical substances placed on the Czech market has been in operation at the Ministry of Health since June 1999. A national authority for monitoring compliance with good laboratory practice with regard to chemical substances has been in operation since January 1999. The 2001 report considered that the bodies charged with standardisation and certification continued to function well. A June 2002 resolution makes provision for administrative structures overseeing the free movement of goods between Member States and the introduction of mutual recognition clauses in new and amended technical legislation.

The 2003 report observes that framework legislation for the horizontal and procedural measures necessary for the administration of the acquis in the new approach sector is in place, as are the implementing structures in the fields of standardisation, metrology, accreditation, conformity assessment and market surveillance.

Negotiations on this chapter have been closed. No transitional arrangements have been requested in this area.

The Czech Republic has reached a very high level of legislative alignment with the acquis relating to the customs union. In 2001, it took several initiatives to strengthen administrative and operational capacity to implement the acquis. As regards alignment with the customs acquis, an amendment to the Customs Code was adopted in November 2001 and, together with its implementing provisions, entered into force in July 2002.
The 2003 report points out that the Czech Republic should strengthen the customs services’ capacity to combat fraud, piracy, counterfeiting and economic crime. In conclusion, the country is essentially meeting the commitments and requirements arising from the accession negotiations in the area of customs union and is expected to be in a position to implement the acquis from accession with the necessary administrative and operational capacities

Negotiations on this chapter have been closed. The Czech Republic has not requested any transitional arrangements.

This summary is for information only and is not designed to interpret or replace the reference document.