Explanatory Memorandum to COM(2000)871 - Conclusion of the agreement with Romania concerning Romania's participation in the European Environment Agency and the European Environment Information and Observation Network - Main contents
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| dossier | COM(2000)871 - Conclusion of the agreement with Romania concerning Romania's participation in the European Environment Agency and the ... |
|---|---|
| source | COM(2000)871  |
| date | 22-12-2000 |
The Commission proposes Council Decisions for conclusion, on behalf of the European Community, of the agreements on the participation of 13 candidate countries in the European Environment Agency. The Commission negotiated with all 13 candidate countries on the basis of the mandate given to it by the Council. The Commission has concluded the negotiations with 13 countries for participation in the European Environment Agency, i.e. Bulgaria, Czech Republic, Cyprus, Estonia, Hungary, Malta, Latvia, Lithuania, Romania, Poland, Slovenia, Slovak Republic and Turkey. The negotiations were concluded with the signature of the Final Act shown in Annex by eleven candidate countries and the Commission on 9 October 2000. Poland signed on 16 November 2000 and Lithuania on 24 November 2000.
The European Environment Agency is the first of 11 Community agencies to be opened for candidate country participation.
Contents
- 2. Pre accession strategy
- 2.1. Agenda 2000
- 2.2. The European Council Conclusions
- 3. Council Decision authorising the Commission to conduct negotiations on the participation of candidate countries in the EEA
- 4. the negotiation
- 5. draft agreement
- 6. Conclusion of the agreements
- 6.1. Legal basis
- 6.2. Financial implications
- 7. Benefits of the Agreements
- 8. recommendation
- ANNEX
In Agenda 2000 the Commission expressed the view that the participation of the applicant countries from Central and Eastern Europe in programmes implementing the acquis would provide "a useful preparation in familiarising the applicant countries and their citizens with the Union's policies and working methods". This is one of the principal means of increasing the applicant countries' capacity to implement, and not only transpose, the acquis.
The European Council (Luxembourg 1997) made participation in programmes and Community agencies into an instrument of the enhanced pre-accession strategy, concluding that the applicant countries should be permitted to participate in Community agencies on a case-by-case basis.
A special pre-accession strategy was developed for Cyprus and Malta, in which the participation in certain Community programmes and agencies was highlighted and prescribing the same approach to be followed for these countries as for the Central and Eastern European applicant states.
As for Turkey, the European Council (Helsinki 1999) reaffirmed the inclusive nature of the accession process comprising 13 candidate countries, including Turkey. Turkey is a candidate state destined to join the Union on the basis of the same criteria as applied to the other candidate states. Turkey will benefit from a pre-accession strategy and will also have the opportunity to participate in Community programmes and agencies in the context of the accession process.
3. Council Decision authorising the Commission to conduct negotiations on the participation of candidate countries in the EEA
On the basis of the Commission proposal SEC (1999) 1218 of 27 July 1999, the Council decided on 14 February 2000 to authorise the Commission to conduct negotiations on the participation in the European Environment Agency of countries applying for accession. The objective was to enable them to participate in the work of the European Environment Agency before accession. The negotiation directives state that the Commission shall offer the applicant countries conditions similar to those governing the participation of the non-EU Member States, which are members of the European Economic Area (Protocol 31 of the Agreement on the European Economic Area). In particular, the fact that these countries participate in the Management Board of the Agency without the rights to vote and contribute financially to the activities of the Agency should be taken into account.
The Commission has on the basis of the mandate negotiated with all the candidate countries. Negotiations have been concluded with all the 13 countries for their participation in the European Environment Agency, i.e. Bulgaria, Czech Republic, Cyprus, Estonia, Hungary, Malta, Latvia, Lithuania, Poland, Romania, Slovenia, Slovak Republic and Turkey. Draft bilateral agreements have been agreed and the candidate countries and the Community are now proceeding to the ratification of the draft agreements.
The Commission has agreed with the countries, with which negotiations are concluded, draft agreements giving the applicant countries conditions similar to those governing the participation of the non-EU Member States, which are members of the European Economic Area.
The agreements state that the candidate countries participating in the European Environment Agency will take part in the Agency work programme including meeting the obligations of the Agency Regulation.
Candidate countries will have to establish an infrastructure for providing uniform environmental data on the state of the environment in their territory. Each candidate country will contribute financially to the Agency to cover the cost of its participation. They will also participate in the Management Board of the Agency without the right to vote until such time as they become members of the Union.
The agreements are drafted for an unlimited period until the candidate countries become members of the European Union.
The Parties will approve the agreement in accordance with their own procedures. It will enter into force when both Parties have notified each other that their respective procedures have been completed.
For its part, the Agency will treat candidate country members as existing Member States, through equal treatment in terms of provisions of environmental information and analysis, staffing provisions, contracts to third parties and appointments of Topic Centres.
Negotiations enabling the Agency to be opened to the participation of the applicant countries are possible under Article 19 of the Council Regulation (EEC) No 1210/1990 modified by Regulation (EC) No 933/1999 on the establishment of the European Environment Agency.
The text in the above mentioned Article comprises the necessary rules on procedure for the opening of the Agency to countries which are not members of the Union but which share the concern of the Community and the Member States for the objectives of the Agency. Agreements concluded between such countries and the Community shall follow the procedures in Article 300 of the Treaty.
The European Commission has, on basis of the Council negotiation directives, concluded the negotiations with all 13 candidate countries.
In order to proceed the Commission is now proposing Council Decisions on conclusion of the agreements with the objective to allow these countries to join the European Environment Agency.
According to the concluded negotiations, countries will contribute financially to the European Environment Agency to cover the cost to extend all Agency activities to the candidate countries.
It is foreseen that these countries will be fully integrated in all Agency activities after a three- year phase-in period. The financial contribution is therefore foreseen to increase during this three-year period. The candidate countries can obtain financial assistance from the relevant Community assistance programmes to subsidise 75%, 65% and in the third year 50% of their membership fees to the Agency. As from the fourth year all countries will have to cover the full cost of their participation in the Agency.
When the full work programme of the Agency is implemented the total yearly financial contribution from all 13 countries to the Agency will amount to EUR 8.82 million.
Benefits of the participation of the accession countries in the Agency are several:
-The participation will help the candidate countries to establish effective monitoring systems where unified data collection and assessment will provide reliable and comparable information of the state of environment.
-The European Environment Agency will be able to report on the state of the environment of the whole of Europe including the candidate countries.
-The European Environment Agency will be able to assist candidate countries in implementing the EU environmental laws in preparation for accession.
-The European Environment Agency will also assist the candidate countries in their efforts to improve and maintain high environmental standards in an enlarged European Union.
Negotiations have been concluded and agreement reached with all 13 candidate countries for their participation in the European Environment Agency on similar conditions as for the non-EU Member State participants in the Agency.
It is therefore possible for the Community to approve the conclusion of the bilateral agreements with Bulgaria, Czech Republic, Cyprus, Estonia, Hungary, Malta, Latvia, Lithuania, Poland, Romania, Slovenia, Slovak Republic and Turkey for their participation in the European Environment Agency.
Final Act
Of the Negotiations
To adopt the
Agreement between the European Community and Romania concerning the participation of Romania to the European Environment Agency and the European Environment Information and Observation network.
Representatives of the Government of Romania and of the European Commission have held negotiations in the course of the year Two Thousand for the purpose of negotiating and adopting the text of an Agreement between the European Community and Romania concerning the participation of Romania to the European Environment Agency and the European Environment Information and Observation network.
The representatives of the European Commission pursued the above-mentioned negotiations on the basis of a Recommendation of the Council of the European Community on the negotiations, in the name of the European Community, of the conditions for participation of the accession countries in the European Environment Agency, dated the Fourteenth of February of the year Two Thousand.
The representatives of the Government of Romania and of the European Commission took note of the results of two prior negotiating sessions, held in Brussels on the Twenty Seventh of March of the year Two Thousand and on the Tenth of July of the year Two Thousand.
The representatives of the Government of Romania and of the European Commission endorsed the outcome of the negotiations and adopted the text of the Agreement between the European Community and Romania concerning the participation of Romania to the European Environment Agency and the European Environment Information and Observation network, appended to this Final Act.
In conformity with its Article 18, the Agreement between the European Community and Romania concerning the participation of Romania to the European Environment Agency and the European Environment Information and Observation network will be approved by the Parties in accordance with their own procedures. The Agreement shall then enter into force on the first day of the second month following the date on which the last Party has notified the first Party that its procedures have been completed.
IN WITNESS WHEREOF the Representatives have signed this Final Act.
Done at Brussels, on the Ninth day of October in the year Two Thousand.
For the European Commission For the Government of Romania