European Commission: Strategy Paper and Report 2003

Transitional arrangements

While accession negotiations are based on the principle that candidate countries effectively apply the acquis upon accession, a number of well-justified transitional measures have been agreed in the negotiations, in line with the principles laid down for transitional measures. These principles state that any transitional measure has to be limited in time and scope and be accompanied by a plan clearly defining stages for the application of the acquis. In addition, transitional measures must not involve amendments to the rules and policies of the Union, disrupt their proper functioning, or lead to significant distortions of competition. Transitional measures have been agreed, upon request of both the candidate countries (some 190 requests accepted so far) and the Union (some 28 requests accepted so far). The scope of these measures varies across sectors and countries.

Transitional measures requested by candidate countries have been agreed, for example in areas where the effective application of the acquis requires substantial prior financial investments. Examples are the construction of waste water treatment plants in municipalities or the building up of emergency oil stocks. Investment plans and detailed strategies for the gradual compliance with the acquis have been agreed in such cases. Also, the free movement of capital from current into new Member States with the aim to buy land and secondary homes has been temporarily restricted.

Upon request of the Union, few well-defined and limited transitional arrangements have been agreed in response to perceived regional or sectoral disturbances resulting from the full application of the acquis in the enlarged Union. The free movement of workers from new into current Member States has been temporarily restricted, the protection of industrial property rights for pharmaceutical products and community trademarks from the EU has been enhanced and access to the national road transport markets (cabotage) between current and certain new Member States has been temporarily restricted.

© European Commission; Last modified: 2003-04-09