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Negotiations / Implementation / Monitoring reports

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26-09-2006

Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania

Further progress has been made in reforming the justice system. The Superior Council of the Magistracy (CSM) has started to address fundamental challenges such as unifying the interpretation and application of the law, staffing levels and workloads. Working conditions have improved as modern IT equipment has been installed in all courts and prosecution offices. However, a fully consistent interpretation and application of the law in all courts has not yet been ensured. Some elected CSM members continue to face potential conflicts of interest in inspection matters and individual ethical issues that affect the CSM's reputation. No steps have yet been taken to address the managerial shortcomings in the Public Ministry identified in the institution's most recent annual report.

Progress has continued in the fight against corruption. The criminal liability for legal persons has been introduced and new legislation was adopted tightening the rules on the financing of political parties. The quantity and quality of non-partisan investigations by the National Anti-Corruption Directorate (DNA) into allegations of high-level corruption have continued to increase. However, there needs to be a clear political will to demonstrate the sustainability and irreversibility of the recent positive progress in fighting corruption. I n the Parliament there has been some attempts to substantially reduce the effectiveness of such efforts. Corruption remains a concern in particular within the local government.

Progress has been made recently with regard to the setting-up of the paying agencies and the Integrated Administration and Control System (IACS).

However with regard to the paying agencies, a number of issues remain to be addressed relating to the implementation in due time of a proper IT system, to the adequacy of staffing, equipment and office premises as well as to the incompleteness of the majority of management and control procedures.

Equally a number of issues still need to be addressed with regard to IACS relating to the implementation in due time of a proper IACS IT system, to the tight timetable for completing the Land Parcel Identification System/Geographical Information System (LPIS/GIS) and its quality. Moreover, for on-the-spot checks additional staff has to be recruited and trained, the equipment has to be purchased and the procedure manuals have to be completed.

There is still a real risk that the paying agencies and IACS will not be functioning properly in Romania by the time of accession. Reinforced efforts sustained over the whole period available before the introduction of the system will still need to be deployed in order to ensure the operability of the IACS.

Romania has made good progress with regard to the collection and treatment of dead animals and animal by-products (TSE). However, the detailed programme to set up a compliant system is still ongoing. Substantial progress has been made with regard to the interconnectivity of IT taxation systems. Romania has successfully completed the required performance tests for the major IT systems and is now well on track to meet its obligations in this area.

The abovementioned areas were explicitly mentioned in the conclusion of the May report as needing further progress. The monitoring findings for the other issues which were still outstanding in May 2006 are as follows.

As regards the acquis areas, significant progress has been made in several areas, such as regional policy although efforts at capacity building for implementing the Structural Funds in particular need to be reinforced, environment and justice and home affairs, as well as in the area of intellectual property rights. This leads to a situation where Romania's preparations are now on track in most areas of the acquis.

However, further progress is still needed in a number of areas, such as social policies and employment including public health, genetically modified organisms, motor insurance, capital requirements for credit institutions and investment firms, money laundering and the fight against fraud and corruption, financial management and control of future structural funds and animal diseases.

Romania has made further progress with macroeconomic stabilisation and economic reform. Its current reform path should enable it to cope with competitive pressure and market forces within the Union.

Overall, there has been some progress in the following areas: trafficking in human beings, detention conditions, restitution of property and child protection Limited progress has been made with the treatment of people with disabilities, the mental healthcare and the protection and integration of minorities. Further action is needed. In addition, Romania needs to ensure the sustainability of public administration reform, and to fully align with EU external positions, such as on the International Criminal Court.


 
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