5. Specialised Technical Assistance

Introduction

5.1 The particular contribution of this White Paper, through its presentation of the relevant body of Community legislation, is first to provide guidance of the organisation of the legislative task and second to describe and explain the functions of the structures necessary for the effective implementation of national legislation. This will help the CEECs to sharpen the focus of their preparations for integration into the internal market and to ensure that legislative changes have a real impact in the economy. The associated countries have expressed their wish to take the White Paper's recommendations into account in finalising their national alignment strategies in the internal market area and fixing priorities.

5.2 Another contribution of the White Paper, as indicated in Chapter 1, is to provide guidelines for the content and organisation of technical assistance. Ensuring that the White Paper's analytical contribution is translated into coherent and effective technical assistance covering both legislation and structures, in response to the needs emerging from the CEECs' national strategies, is the subject of this Chapter.

Strategies for the associated countries

5.3 The task of enacting, implementing and enforcing laws which meet the requirements of the internal market can only be carried out by the associated countries themselves. Individual work programmes for the adoption and implementation of internal market legislation are being developed by the associated countries within their pre-accession and approximation strategies. Such work programmes need to be consistent with each country's economic policies and reform programme and with other aspects of the pre-accession strategy. They should take account of the recommendations of the White Paper, cover all sectors relevant to the functioning of the internal market and pay attention to the administrative and organisational aspects of applying and enforcing the legislation.

5.4 It is the responsibility of each associated country to coordinate its requests for assistance and to provide information about progress made in implementing the White Paper, so as to ensure that assistance from the Union, Member States and other bodies is consistent and mutually reinforcing.

A coordinated Union response

5.5 On the Union side, the key objective must be to organise technical assistance in this wide and diverse field in a way which makes the best possible use of scarce resources. Finance is not unlimited and the expertise on which the associated countries need to draw is concentrated in a relatively small number of officials and practitioners, mainly in the Member States. The Union is already providing technical assistance, notably through PHARE, and this should now be enhanced and adapted to the White Paper's recommendations. Other Community programmes open to the associated countries, as well assistance from the Member States and private bodies also have a useful contribution to make. Special attention needs to be given to ensuring that all these efforts are mutually reinforcing and well focused. Improved information exchange and transparency concerning developments in the associated countries and the assistance on offer will help match supply and demand and provide common services where common needs are identified.

Specialised technical assistance

5.6 Technical assistance from the Union should cover the programming and drafting of legislation and its implementation and enforcement. Assistance could include the following:

Assistance measures should take into account the need to reach national Parliaments as well as administrations. Parliamentarians and parliamentary officials require information about the structures required to implement and enforce the new laws as well as about the Community laws that have to be transposed.

5.7 It would also be appropriate for the Union to provide for existing Community programmes which are specifically designed to reinforce the operation of the Internal Market, such as KAROLUS (dealing with exchanges of officials responsible for implementation of Community law), MATTHAEUS (a similar programme concerning customs), MATTHAEUS TAX (dealing with indirect tax) and others, to be opened to participation from the CEECs. The precise modalities for this and its budgetary implications will be indicated in separate Commission proposals. Training projects developed in the context of the Leonardo programme and in the framework of the European Training Foundation will also contribute to the preparation of the CEECs for the internal market.

Delivery mechanisms

National programmes

5.8 For each associated country, national framework programmes for the approximation of internal market legislation could be established which would ensure complementarity among all PHARE programmes relevant to the objectives of the White Paper.

5.9 These national programmes in each associated country should be placed under the authority of a body responsible for assistance and coordination in the framework of the pre-accession strategy. Regular reports on the work of the national programmes should be made to the Association Council and the competent structures of the Europe agreements.

5.10 PHARE programming for the five year period starting this year is already well advanced. The Commission will invite each associated country to hold discussions with it as soon as possible after the publication of the White Paper, to help clarify each country's programme and priorities in the light of the White Paper. Existing national framework programmes for the reform and approximation of law can be adjusted accordingly.

A technical assistance information exchange office

5.11 Certain assistance needs are common to all associated countries. To respond to these needs, the Commission intends to establish a Technical Assistance Information Exchange Office supported through a multi-country PHARE programme. The Office will be located in Brussels and managed by the Commission. It will provide for the exchange of information and will help ensure the adequate delivery of services to the associated countries. It will facilitate the provision of the highest possible quality of assistance in the most cost effective way from a variety of public and private sector bodies.

5.12 The assistance covered by the Office will include Community legislation, its transposition into national legislation, legal terminology, translation, training and exchanges, including short-term placements in the Commission's services and relevant bodies in the Member States. In addition, the Office will serve as a "one-stop-shop" or clearing house to which requests for assistance with the recruitment of specialist advisors can be addressed.

5.13 The Office will be the focal point for advice and expertise on legislation and implementing structures, mainly through a PHARE framework agreement establishing a panel of experts from the Commission and the Member States with relevant expertise in different policy sectors. Its services will also be at the disposal of nationally delivered programmes.

5.14 A data base, drawing on information from the Commission, Member States, the associated countries and the private sector will be developed, to achieve transparency and to avoid duplication of effort. It will be accessible to all interested parties.

5.15 The Commission will make available through the database all relevant information about assistance available under PHARE and other Community programmes open to the CEECs. The Commission will also provide the database with information.about the CEECs' progress in implementing the White Paper, especially in areas where technical assistance is being provided. The Commission invites the associated countries, the Member States and other providers of assistance to provide similar information.

Coordination and Monitoring

5.16 The Commission will report regularly on the activities of the Office to the association committees or subcommittees established by the Europe agreements.

5.17 Taking into account reports on the Office's activities and information gathered in the database, coordination and monitoring of assistance will take place with the Member States through the PHARE Management Committee, with the associated countries bilaterally through the competent structures of the Europe agreements, and where questions concern several or all of the associated countries in the framework of the structured relationship.

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