BEST PRACTICES: ROMANIA AND EU CUSTOMS ACQUIS

In its Opinion of July 1997, the Commission considered that after a period in which trade with Romania was not without difficulty, the new approach adopted by the authorities early in 1997 offered hope for improvements and showed a determination to adhere to the timetable laid down in the Europe Agreement for eliminating restrictions on bilateral trade. It called on the authorities to ensure that, in areas not covered by Community harmonisation, their national laws did not hamper trade. In particular, measures should be proportionate to their objectives. The Commission stressed that considerable efforts needed to be made before Romania could be said to be implementing the acquis fully and effectively.

The November 1998 Report noted that Romania had made progress in the transposition of New Approach directives but the majority of European standards still needed to be adopted.

In its October 1999 Report, the Commission considered that although progress on standardisation and transposition of the directives on motor vehicles had been achieved, there were still major problems in the transposition of sectoral directives due to the lack of framework legislation to implement the principles of the New and Global Approaches. Since then, as indicated in the November 2000 Report, little progress had been made.

The November 2001 Report noted that Romania had made little progress in the area of freedom of movement, except with regard to the legislation on the New and Global Approaches and public procurement. However, it had made substantial progress in the area of customs.

In its October 2002 Report, the Commission stated that Romania had made some progress in transposing sectoral legislation and harmonising legislation in the field of public procurement and had made significant progress in the field of customs.

In its November 2003 Report, the Commission considered that Romania has continued to make good progress in transposing the acquis.

The October 2004 Report notes that Romania has continued to make progress with regard to the free movement of goods, with the notable exception of enforcement of rules in the area of public procurement.

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

In 1998 Romania adopted two decrees on standardisation and accreditation activities and on conformity assessment infrastructure. These decrees provide a sound legal basis for standardisation and accreditation activities in line with EU principles. They also guarantee the separation of standardisation and accreditation functions, in that accreditation is now carried out by a national accreditation body (RENAR), independent of the Romanian Standardisation Institute (ASRO), which is a member of European Accreditation.

Progress was made on the institutional infrastructure in 2002, with the adoption of the framework legislation on conformity assessment. The 2003 report notes further progress in this field. According to the 2004 report, good progress has been made with accreditation and conformity assessment. In December 2003 and August 2004, amendments were made to the Law on product conformity assessment. Also in December 2003, implementing rules were adopted establishing the procedures for product conformity assessment and laying down the rules for the application and utilisation of the CE marking.

The Standardisation Institute launched a programme for the adoption of European standards. This has begun to bear fruit. The 2001 report noted that the Romanian Accreditation Body had signed some multilateral recognition agreements and transposed about 15% of European harmonised standards. The report considered that in order to ensure the principle of mutual recognition a clause should be integrated into each piece of legislation on goods by the date of accession. For 2003, the report notes that Romania is continuing to transpose European standards, having transposed more than 70%. No progress can be reported as regards the introduction of mutual recognition clauses in product legislation. The 2004 report notes that mutual recognition clauses have been inserted into the new law on metrology and into implementing rules in various areas. As regards standardisation, good progress has been made by adopting European standards to meet the requirements for membership of CEN and CENELEC.

Progress on sector-specific legislation was mixed until 2000 due to the lack of framework legislation which would have systematically implemented the principles of the New and Global Approaches. The 2001 report noted that Romania had finally adopted this framework legislation introducing the principles of the New and Global Approaches into national legislation.

In the areas covered by the New Approach, transposition of the Community acquis has slowed with regard to toys , lifts , gas appliances , pressure vessels , electromagnetic compatibility , low voltage equipment , medical equipment , pleasure craft and legal metrology. Recent progress related to the adoption of the framework legislation providing for the implementation of the acquis. The 2004 report notes that progress has been made in this field as regards the acquis on low voltage electrical equipment, electromagnetic compatibility, lifts, radio and telecommunications terminal equipment, legal metrology, toys, gas appliances, simple pressure vessels and machinery

As far as the "old approach" directives are concerned, some progress has been made in relation to detergents, motor vehicles , pharmaceuticals (emergency legislation), foodstuffs (framework legislation and labelling) and glass. However, no progress has been noted in the areas of pre-packaging, wood and textiles. Limited progress was made in 2002 on the transposition and implementation of the acquis on legal metrology and pre-packaging. The process of transposition had accelerated considerably for food safety and foodstuffs legislation. In 2003, progress is reported regarding motor vehicles, cosmetics , legal metrology and chemicals . As regards food safety and foodstuffs, the majority of the transposed vertical foodstuff directives entered into force in September 2002. In 2004 progress is reported in the sectors covered by Old Approach Directives in the transposition of the acquis on legal metrology, pre-packaging, motor vehicles, cosmetics, chemicals and pharmaceuticals for human and veterinary use.

Finally, the new legislation on public contracts has entered into force, although the implementing provisions have not yet been applied. Recent changes to the legislation, which entered into force in April 2001, improved the level of harmonisation with the acquis. Considerable progress was made in transposing and implementing the directives in this field. It was envisaged that national preference would continue until January 2005. In August 2004, the Government adopted an ordinance to renounce the domestic preference clause. The change will enter into force in January 2005. However, there are some important derogations from Romania's public procurement legislation.

Negotiations on the chapter on freedom of movement have been provisionally closed. Romania has not requested any transitional arrangements.

As regards the negotiations on the chapter on customs union, progress was made in 2001 in aligning Romanian legislation with the Community Customs Code and its implementing provisions . Progress was also made in improving the administrative and operational capacity required to implement the acquis. In November 2001, provisions were adopted on the application of the Romanian Customs Integrated Tariff (TARIR), which was based on the EC Integrated Tariff (TARIC).

The 2003 report noted that further progress has been made in developing the administrative and operational capacity to implement the acquis. Improvements in border infrastructure and the modernisation of equipment continue. In July 2003, Romania concluded a Memorandum of Understanding with the Community on participation in the Customs 2007 programme. Continuous attention is needed in order to ensure the uniform application of customs procedures throughout the customs territory.

The 2004 report noted that Romania has made limited progress in transposing the customs acquis over the reporting period with regard to alignment with the acquis adopted after 2001. With regard to administrative and operational capacity, a new organisational and functional structure of the customs authority was adopted in March 2004. Limited progress can be reported with regard to cooperation with traders. Romania needs to make further progress with regard to developing administrative capacity and fighting corruption within the customs administration.

Negotiations on this chapter have been provisionally closed. Romania has not requested any transitional arrangements.