Accession Negotiations

Principles and Procedures

To become a member state of the European Union, Romania must fulfil the Copenhagen accession criteria and align itself with the EU legislation and policies (the so-called "Community acquis").

The accession negotiations established the conditions under which the Community acquis is applied in Romania, before and after accession (along the transition periods agreed during negotiations – that is temporary exceptions from the application of a specific requirement of European legislation) and the way in which Romania will participate in the institutions and the budget of the Union.

For practical reasons EU legislation is divided into 30 negotiation chapters, each of them covering particular policy area, plus chapter 31– Miscellaneous negotiated at the end, which covers other aspects of negotiations. Negotiations are considered finalised only after all the chapters are closed ("nothing is agreed until everything is agreed"). Until then, negotiation chapters can only be considered "provisionally closed". A candidate country may reopen any negotiation chapter if EU legislation has been modified and the candidate country cannot apply the legislation by the time of its accession and asks for new transition periods and if the initial situation in a candidate country has changed and a different approach of a particular chapter has been requested. The EU may ask for the reopening of a chapter if the candidate state does not fulfil its commitments (e.g. if it fails to implement a law by the agreed deadline) as well as for demanding new transition periods or renegotiate those already agreed.

In 1997 the Council agreed on the negotiations procedure for the fifth enlargement of the EU with twelve countries, including Romania. The Accession Intergovernmental Conferences for each candidate country have met in sessions held at the level of ministers or deputies, i.e. permanent representatives, for the Member States, and chief negotiators for the applicants.

The negotiations with each applicant proceeded on their own merits. The pace of each negotiation depended on the degree of preparation by each applicant country and the complexity of the issues to be resolved.

The Commission proposed common negotiating positions for the EU for each chapter and the negotiating positions aware approved unanimously by the Council.

Each stage in the negotiations (e.g.: the opening of a chapter, provisional or partial closure) is formalised by the Accession Conference.

The opening of a chapter of negotiations is subject to the candidate country having reached a certain level of adoption of the Community acquis, as well as appropriate plans for the implementation of the rest of the acquis in the future.

Closing a negotiation chapter supposes significant progress in the adoption of the acquis, the existence of the "administrative capacity" (institutions with adequate human and financial resources) to properly implement and/or monitor de application of legislation and credible and thorough commitments for the transposition and implementation of the rest of the acquis.

The results of the negotiations are incorporated in the Accession Treaty. This is submitted to the Council for approval and to the European Parliament for assent. After signature, the accession treaty passes to the member states and to the applicant countries for ratification involving, in some cases, referenda. It takes effect, and the applicant becomes a member state, on the date of accession.

Organisation of negotiations in Romania

In Romania, the Ministry of European Integration and the National Delegation for the Negotiation of Romania’s Accession to the EU is responsible for the coordination of negotiations and for Romania’s preparation for accession.

The National Delegation drafted the position papers, which are official documents through which Romania has presented its position regarding each chapter, the stage of adoption of EU legislation, the calendar and the terms of adoption and application of the acquis not yet implemented. The position papers were discussed with Parliamentary Committees, trade unions, associations of employers, NGO’s. To facilitate this consultation, a Consultative Council for the Negotiation of EU Accession was established. Afterwards, the position papers were adopted by the Government of Romania and submitted to the EU.

Romania’s position papers can be found at the following address (by clicking on the relevant chapter): http://www.mie.ro/Negocieri/English/neg_cap_neg_stadiu.htm

(http://www.mie.ro> Negotiations > Negotiations Chapters > Current Status of Negotiations)

The evolution of negotiations

On 13 October 1999, the Commission recommended Member States to open negotiations with Romania. The Helsinki European Council of 10/11 December 1999 has decided to begin negotiations with Romania. The negotiations were officially launched on 15 February 2000.

In 2000 (Portuguese and French Presidencies), 9 chapters have been opened and 6 chapters have been provisionally closed: 16 - Small and medium-sized enterprises, 17 - Science and research, 18 - Education and training, 26 - External Relations and 27 - Common foreign and security policy and 12 - Statistics.

In 2001 (Swedish and Belgian Presidencies) 8 chapters have been opened and 3 chapters have been provisionally closed: 8 – Fisheries, 23 - Consumers and health protection and 5 - Company Law.

In 2002 (Spanish and Danish Presidencies) the last 13 chapters have been opened and 7 chapters have been provisionally closed: 11- EMU, 13 – Social policy and Employment, 15 - Industrial policy, 19 - Telecommunications and IT, 20 – Culture and Audio-Visual, 25 - Customs Union and 30 - Institutions.

In 2003 (Greek and Italian Presidencies) 6 chapters have been provisionally closed: 1 – Free movement of goods, 2 - Free movement of persons, 4 – Free movement of capital, 9 – Transport, 10 – Taxation, and 28- Financial Control.

In 2004 (Irish and Dutch Presidencies) the last 9 chapters were closed: 3 – Freedom to provide services, 6 – Competition, 7 – Agriculture, 14 – Energy, 21 – Regional policy, 22 – Environment, 24 – Justice and Home Affairs, 29 - Financial and budgetary provisions and 31 - Others.

Romania has concluded the negotiations on 14^th December 2004. The Accession Conference reached the overall final agreement over the closure of all the 31 negotiation chapters.

The European Council on 17^th December 2004, noted with satisfaction the closure of negotiations and called for the finalisation of the Accession Treaty with Romania (and Bulgaria), which will include the results of negotiations, with a view to its signing in April 2005.

After the signature of the Treaty, Romania will have an observer status in the Council and its preparatory bodies.

Until accession, Romania will continue its internal preparations according to the commitments undertaken during negotiations, focusing on the sensitive areas of Competition and Justice and Home Affairs, which are linked to the safeguard clauses included in the negotiation package.

After accession Romania will benefit of transition periods for specific issues in 8 chapters: 3 – Free movement of services, 4 – Free movement of capitals, 6 – Competition Policy, 7 – Agriculture, 9 - Transport Policy, 10 - Taxation, 14 – Energy and 22 – Environment.

Romania will become member of the European Union in January 2007.