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Slovenia

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1) REFERENCE

Commission Opinion [COM(97) 2010 final - Not published in the Official Journal]
Commission Report [COM(98) 709 final - Not published in the Official Journal]
Commission Report [COM(1999) 512 final - Not published in the Official Journal]
Commission Report [COM(2000) 712 final - Not published in the Official Journal]
Commission Report [COM(2001) 700 final - SEC(2001) 1755 - Not published in the Official Journal]
Commission Report [COM(2002) 700 final - SEC(2002) 1411 - Not published in the Official Journal]
Commission Report [COM(2003) 675 final - SEC(2003) 1208 - Not published in the Official Journal]
Treaty of Accession to the European Union [Official Journal L 236 of 23.09.2003]

2) SUMMARY

In its July 1997 Opinion, the Commission considered that Slovenia had made limited progress towards adopting the acquis relating to the free movement of goods, but that much remained to be done. It observed that Slovenia would have to step up its efforts to align technical legislation, especially on the New Approach directives, and strengthen its standardisation and conformity assessment system. It also called on Slovenia to develop human resources, improve skills, strengthen institutions and make sure, in areas not covered by Community harmonisation, that national laws did not hamper trade, notably by checking that measures were proportionate to their objectives.

The November 1998 Report confirmed this initial assessment and noted the lack of significant progress, in particular towards adopting the acquis. There were also shortcomings in setting up the structures needed to implement the acquis.

The 1999 Report considered that considerable progress has been made, starting from an unsatisfactory situation.

In its November 2000 Report, the Commission highlighted the successful separation of accreditation, certification and standardisation functions and progress in the transposition of sectoral Community legislation.

In its November 2001 Report, the Commission considered that Slovenia had continued to make steady progress in the area of the free movement of goods and had considerable progress in the field of customs.

The October 2002 Report noted that Slovenia had continued to make good progress in adopting the acquis.

In its November 2003 Report, the Commission states that although Slovenia has, on the whole, met the requirements of accession, there is still work to be done in limited areas.
The Treaty of Accession was signed on 16 April 2003 and accession took place on 1 May 2004.

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

Progress has been made in standardisation and technical regulation, one of the Accession Partnership's short-term priorities. This has provided the legal framework for the adoption of technical regulations under both the product-specific and New Approach directives. Two laws on standardisation and accreditation have been adopted.

Considerable progress has been achieved in sector-specific legislation. Slovenia has thus transposed the Community acquis relating to metrology, pre-packaging, machinery, personal protective equipment, gas appliances, low voltage appliances, electromagnetic compatibility, medical equipment, construction products, textiles and footwear, and cosmetics. An important stage was reached in March 2001 in the area of pleasure vessels with the adoption of the Maritime Code, which should establish the legal framework required for transposition of the directive.

In addition, Slovenia has continued to make progress in the fields of foodstuffs (health requirements, items in contact with foods, bodies responsible for testing foodstuffs, etc.), chemicals (marketing and use, classification, packaging, labelling, good laboratory practices, transport, etc.), and pharmaceuticals (marketing authorisation, classification of medicines, toxicological and pharmaceutical tests, clinical tests, colouring agents, wholesale prices, protection of data from clinical tests, blood supply, health inspections, etc.). In 2003, the report notes that transposition of the acquis is partially complete, but that progress remains to be made in certain areas.

Slovenia had also adopted a large proportion of European standards in 2000. Further progress was made in 2001 and 2002. Almost all European standards have now been adopted.

In the non-harmonised sectors, the 2003 report states that Slovenia has obtained satisfactory results from an initial analytical examination of its national legislation and any provisions that may violate the free movement of goods. A horizontal mutual recognition clause is yet to be adopted.

As far as the structures necessary to apply the acquis are concerned, the Standards and Metrology Institute of Slovenia responsible for accreditation, certification and standardisation is going to transfer its responsibilities to the Slovenian Accreditation Institute and the Slovenian Institute for Standardisation. Moreover, a department within the Ministry of Economic Relations is responsible for the free movement of goods and 15 EC conformity assessment bodies have been accredited. Despite this progress, the exchange of information between administrations must be strengthened further. The 2002 report notes that Slovenia has established the necessary horizontal institutions in the field of the New and Global Approaches (Accreditation Institute and Institute for Standardisation) and they are fully operational. Market surveillance bodies need to be further strengthened to ensure better coordination between the national authorities responsible. The 2003 report states that the horizontal and procedural measures based on the New Approach and necessary to managing the acquis are in place. The legislation has been transposed and complies with the acquis.

These provisions have been supplemented by the law on the general safety of products and new legislation in the area of public procurement. This revises the procedure for the award of public contracts and lays down specific rules for supply, works and service contracts in the sectors of water, energy, transport and telecommunications. An important development was the creation, in February 2001, of the Office for Public Procurement. The Law on Public Procurement Revision Procedures was adopted in July 2002. The 2003 report notes that the Law on Public Procurement is yet to be amended to ensure that the legislation complies fully with the acquis.

Negotiations on the chapter on the free movement of goods were closed in December 2002. Slovenia has been granted a transitional period for the renewal of marketing authorisations for pharmaceutical products until 31 December 2007.

As regards negotiations on the adoption of the acquis concerning the customs union, in relation to the Community Customs Code, Slovenia adopted, in December 2000 and April 2001, three decrees based on the law on customs tariffs. Slovenia has already achieved a high degree of alignment in the field of customs. Negotiations on this chapter were closed in December 2002. Slovenia has not requested any transitional arrangements. The 2003 report notes that Slovenia has, on the whole, met its commitments and obligations under the accession negotiations and should be in a position to implement the "customs union" acquis.

This summary is for information only and is not designed to interpret or replace the reference document.

 
Last updated: 10.03.2004
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