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Western Balkans: enhancing the European perspective

Western Balkans: enhancing the European perspective

Outline of the Community (European Union) legislation about Western Balkans: enhancing the European perspective

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Enlargement > The stabilisation and association process: the western balkans

Western Balkans: enhancing the European perspective

The Commission reiterates the commitment of the European Union to the Western Balkans. It points the way forward to bring them closer to the EU and gives priority to support for strengthening the rule of law, good governance, judicial and administrative reform, and the development of civil society.

Communication from the Commission to the European Parliament and the Council of 5 March 2008 – Western Balkans: enhancing the European perspective [COM(2008) 127 – Not published in the Official Journal].

Summary

The Commission reiterates the commitment of the European Union (EU) to the Western Balkans. It points the way forward to bring them closer to the EU and to make their European perspective more visible and concrete by proposing new initiatives.

Moving closer towards the EU and enhancing regional cooperation have priority. In this respect, moving closer to the EU is based on observance of the Copenhagen criteria and the stabilisation and association process (SAP), including regional cooperation, good neighbourly relations and full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), achieving the priorities set out in the partnerships, and concluding and implementing stabilisation and association agreements (SAAs). Croatia, with which EU membership negotiations have started, sends a positive signal to the other countries of the region.

Each country has achieved progress, although at different rates. Regional cooperation is the responsibility of the countries of the region within the Regional Cooperation Council (RCC), which succeeds the Stability Pact. Nevertheless, a certain number of challenges remain, such as good neighbourly relations, reforms (in particular, constitutional, institutional, judicial and police reforms), combating organised crime and corruption, minority rights, refugee return, infrastructure and the environment.

Each Member State decides on its relations with Kosovo following the latter’s declaration of independence in February 2008. The EU will support its development through an international civilian mission headed by an EU Special Representative, an ESDP (EULEX Kosovo) rule of law mission and support for economic and political development.

Promoting people-to-people contacts refers to both the populations of the region and their reconciliation and familiarising people with the EU by encouraging better knowledge of it. Cooperation between the countries of the region and the EU is intensifying in many areas (science, research, culture, education, youth and media) and is strengthened by the possibility for the countries to participate in certain Community programmes and agencies. In addition, an increasing number of Erasmus Mundus scholarships are allocated to students of the region. Cross-border cooperation also receives support, in particular under the Instrument for Pre-accession Assistance (IPA).

Furthermore, the visa-free regime, which is part of the preparations for EU membership and participation in the Schengen area, aims to facilitate mobility. Together with the readmission agreements, the visa facilitation agreements are the first step towards liberalisation. They will then be supplemented by bilateral dialogues and roadmaps, in accordance with the 2007 enlargement strategy.

The EU supports civil society development and dialogue to strengthen its role and enable it to participate to the full in the reform process. A new financing facility under the IPA aims specifically to support local initiatives and to consolidate the role of civil society, programmes bringing its actors into contact, and the partnerships and networks for the transfer of knowledge and experience. The Commission will also initiate dialogue with the various churches and religious groups.

Good governance is a key aspect of bringing the countries of the Western Balkans closer to the EU. Making progress in the area of justice, freedom and security is of crucial importance and in particular concerns: the fight against organised crime, corruption and terrorism; judicial and police reform; border management; regional and cross-border cooperation (Frontex); action in the field of asylum, immigration and visa policies; and cooperation with Europol and the Regional Centre for Combating Transborder Crime (SECI).

In this context, strengthening administrative capacity and developing human resources will benefit from the establishment of a Regional School of Public Administration as a basis for networks and cooperation with similar schools in the EU. Twinning and TAIEX and SIGMA programmes also offer a means of familiarising the administrations with the European law and standards in a large number of areas.

The framework for parliamentary cooperation between the European Parliament and the Parliaments of the region consists of the Joint Parliamentary Committees, meetings and the organisation of seminars and colloquia. The European Parliament is also considering supporting the RCC to strengthen cooperation.

As regards trade integration, the Central European Free Trade Agreement (CEFTA), which has been in force since November 2007, aims to attract investment, foster intra-regional trade and integrate the region into global trading. In this way it supplements the trade integration initiated by the SAAs and the autonomous trade measures. Membership of the World Trade Organisation (WTO) will support this process by forming a basis for fostering economic and trade reforms.

Furthermore, the introduction of the rule of diagonal cumulation of rules of origin in the region, including the extension of the Pan-Euro-Med diagonal cumulation scheme to the region, is also intended to boost trade and investment. The Commission is exploring ways to ensure a more rapid application of diagonal cumulation between the Western Balkans, Turkey, the European Free Trade Association (EFTA) and the EU.

The region has to face various challenges with regard to economic and social development. These challenges concern competitiveness, the reduction of unemployment, labour market participation, infrastructure and the development of human and social cohesion, with due regard for sustainable development and continuing the achievement of the objectives of the Lisbon strategy. The cooperation will focus on three areas: micro-enterprises and small and medium-sized enterprises (SMEs), infrastructure and energy efficiency.

Financial support has been based since 2007 on the IPA. The European Investment Bank (EIB) will also increase its lending in various areas (transport, energy, SMEs, environment, municipal infrastructure, education and health). Coordination between the EU and the other donors is essential for ensuring the complementarity, coherence, effectiveness and efficiency of assistance. It is based in particular on a Memorandum of Understanding with the international financial institutions (IFIs) and a consultation mechanism on IPA programming. A donors’ conference for Kosovo is also planned to rationalise the assistance with a view to the socio-economic development of its communities.

Background

This Communication contributed to the ministerial meeting with the Western Balkan countries organised by the Presidency on 28 March in Brdo, Slovenia. The Commission invites the Council and Parliament to take its conclusions, which carry on from the Thessaloniki agenda and the Salzburg communication, in accordance with the 2007 enlargement strategy, into consideration.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Instrument for Pre-Accession Assistance

Instrument for Pre-Accession Assistance

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

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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].