Commission Report 2002 (Romania)

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 1: Free movement of goods

Progress since the last Regular Report

Since the last Regular Report, Romania has made some progress in this domain, notably with regard to the transposition of sector legislation and further alignment in the area of public procurement.

In the area of horizontal and procedural measures, Romania adopted framework legislation introducing New and Global Approach principles into domestic legislation in October 2001 and there has been acceleration in the transposition of New Approach legislation. At the same time, only limited progress was made with the transposition of the acquis related to market surveillance, product safety and safety checks at external borders. No significant progress can be reported with regard to the notification procedure and interchange of data between administrations.

Progress can be reported regarding the adoption of sector specific legislation. In the areas covered by New Approach Directives, this progress is linked to the adoption of framework legislation allowing for implementation of the acquis in this area. The main sectors concerned by this progress are equipment to be used in explosive atmospheres (ATEX), machinery, protective equipment, cableway installations, medical devices, recreational craft, legal metrology (non-automatic weighing equipment) and pressure equipment, as well as radio- and telecommunications terminal equipment.

As regards sectors covered by Old Approach Directives, some limited progress has been made in the transposition and implementation of the acquis on legal metrology and pre-packaging. Some progress can be reported on motor vehicles with the adoption by the Romanian authorities of CTAC 2002 (technical conditions motor vehicles must comply with in order to be admitted in traffic), which significantly increases the degree of legislative harmonisation in this sector. However, some vertical Directives in this field still have to be transposed. Progress can also be reported regarding legislation on textiles and cosmetics. With reference to pharmaceuticals, progress has been made in relation to the legislative framework for marketing authorisations but additional efforts are needed to reduce the time necessary for the treatment of files. The acquis on glass has now been transposed as well as Directives concerning footwear and wood.

As regards food safety and foodstuffs legislation (see also Chapter 7 - Agriculture) the process of transposition has accelerated considerably. Major elements of the vertical food directives have been transposed in addition to transposition of acquis in the areas of labelling, contaminants, flavourings and extraction solvents. Progress has also been made concerning transposition of the chemicals acquis with particular reference to chemical fertilisers and good laboratory practice. No significant progress can be reported in relation to the classification, packaging, and labelling of dangerous substances or as regards civil explosives.

A Government Decision intended to transpose the acquis on the return of cultural objects unlawfully removed from the territory of a Member State entered into force in April 2002.

There have been no developments on the transposition of the acquis on firearms.

As regards the development of Romania`s administrative capacity for the implementation of horizontal and procedural measures and sector specific legislation improvements have continued during the reporting period. The Romanian Accreditation Body has initiated the evaluation process prior to opening negotiations on multilateral agreements concerning testing laboratories, product certification bodies, and quality management systems certification bodies. The Romanian standardisation institution has continued its programme of transposing European standards, having so far transposed more than 37% of European harmonised standards. In April 2002 the Romanian Standardisation Association (ASRO) signed a memorandum of understanding with the American standards body ASTM. This memorandum of understanding commits ASRO to adopt and promote ASTM standards. It will be necessary to clarify the implications of this commitment with those already taken by Romania in the framework of the Europe Agreement and the accession negotiation process.

With the adoption of framework legislation in the area of conformity assessment, progress has been achieved over the reporting period from the viewpoint of the institutional network. In order to improve the co-ordination of market surveillance activities, the Romanian authorities set up the ``Inter-Ministerial Committee for Market Products and Services Surveillance and Consumer Protection'' in September 2001. In the field of food safety a high number of ministries are still involved and a decision to establish the National Food Authority has not been taken. The overall administrative capacity to implement the acquis on industrial products has slowly improved over the course of the last year.

Since the last Regular Report, no major progress has been made as regards the non-harmonised area. In April the Romanian authorities adopted legislation intending to transpose the acquis on conformity checks with the rules on product safety on products imported from third countries. Legislative screening for elements in conflict with Articles 28-30 of the EC Treaty has hardly begun. Although certain legislative provisions incompatible with this part of the acquis have been repealed other provisions remain in place and new restrictions have been introduced, notably as regards the sale of second hand goods ostensibly for reasons of health and hygiene. The Romanian authorities have given no scientific or statistical evidence for the necessity of these measures.

Recent amendments to public procurement legislation, which entered into force in April 2001, have improved the level of alignment with the acquis in this area. Intensive efforts made by Romania have resulted in notable progress in the degree of transposition and implementation of the directives in this field. Domestic preference is due to be maintained until January 2005.

Overall assessment

Although Romania has transposed more horizontal and procedural measures and has indicated that it has implemented most New Approach Directives, several implementing texts have been found to be partially or not in line with EC legislation. These include texts on lifts, toys, gas appliances, electromagnetic compatibility, low voltage and simple pressure vessels. Further improvements are needed in order to comply with the acquis. Some other implementing texts are still to be evaluated.

In the non-harmonised area, Romanian authorities should ensure that all legislation in conflict with Articles 28-30 of the EC Treaty is identified and amended by the date of accession. A full screening of Romania`s legislation is necessary to ensure conformity with Articles 28oe30 EC as well as a more consistent approach to regulation in this area.

To ensure the principle of mutual recognition, a clause on mutual recognition should be integrated into each piece of relevant Romanian legislation on goods by the date of accession.

As regards sector specific legislation for areas covered by Old Approach Directives, further steps are required in all sectors to complete alignment with the acquis.

As for administrative capacity, the Romanian standardisation and accreditation bodies have been in place for some years and continue to function appropriately. Efforts have been made to adopt European standards in order to meet the requirements for membership of CEN, CENELEC, and the European Telecommunications Standards Institute. Major efforts are still required to improve the overall administrative capacity to implement the acquis on industrial products which, despite improvements, requires reinforcement. Institutional weaknesses concerning conformity assessment bodies and laboratories remain and affect the implementation of the acquis on food safety. Particular efforts will need to be devoted to re-structuring the food control system, ensuring proper co-ordination between all the institutions involved, abolishing the pre-market approval system for foodstuffs, and preparing both the administration and food operators to apply the principles underpinning the EC food safety system. The lack of resources, both in terms of equipment and of staff, impedes the necessary improvement of the control services in this field. The achievements in the area of conformity assessment infrastructure require consolidation and reinforcement, particularly as regards administrative capacity. The capacity of the administration to design legislation on free movement of goods is still limited and should be reinforced.

As regards safety checks on products at external borders, Romania needs to make further efforts to establish appropriate customs and market surveillance infrastructure as well as effective administrative co-operation between competent authorities.

In the area of public procurement Romania has achieved a high degree of alignment with the acquis. Romania should complete the process of alignment in line with its timetable for adoption of further implementing legislation.

Conclusion

In its 1997 Opinion, the Commission noted that Romania would have to make considerable efforts before the situation developed to a point where Romania could fully and effectively implement the acquis. The Commission also stated that Romania would have to make very intensive efforts to align on Community rules concerning public procurement.

Since the Opinion considerable progress has been achieved in the field of legislative alignment - in particular over the past few years. This is largely due to the adoption of framework legislation on the principles of the New and Global Approach, which facilitates sector-specific legislation. Considerable progress has been made in the establishment of the necessary bodies to administer the acquis. A reasonable level of transposition has been reached in many areas but the level of administrative capacity and enforcement has not kept pace with this.

Negotiations on this chapter continue. Romania has not requested any transitional arrangements.

Romania should focus further efforts on intensifying the process of alignment. The administrative capacity still needs reinforcement and in some areas the required structures still need to be completed.

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