2012年-CEPS欧洲政策研究中心_Moldovas_Convergence_with_the_Acquis_45页_288kb

Summary of "Moldova's Convergence with the acquis: A Pro-Growth and Pro-Integration Strategy"

Core Content

This document discusses the importance of legal convergence with the EU acquis for Moldova, emphasizing the need for a strategic and economy-driven approach. It outlines the challenges Moldova faces in aligning its legal and institutional framework with EU regulations and provides a step-by-step policy scenario for achieving this convergence in a way that supports economic growth and integration.

Main Viewpoints

• Legal Convergence as a Strategic Tool: Convergence with the acquis is not a panacea but a key element in improving the business environment, attracting investment, and facilitating trade with the EU and other countries.
• Economic Rationale for Convergence: The optimal degree and pace of convergence should be determined by economic needs and the potential for trade expansion, rather than by a rigid or comprehensive approach.
• Need for Institutional and Human Capacity: Moldova requires strong institutions and human capital to implement the acquis effectively, which is currently lacking.
• Donor-Driven Limitations: While technical assistance from the EU and other donors is important, it is not sufficient on its own. The convergence process must be integrated into national decision-making and policy frameworks.

Key Information

1. Importance of Convergence with the acquis

• Convergence with the acquis is crucial for improving Moldova's investment climate, reducing risks, and fostering a more stable and predictable business environment.
• It is also essential for facilitating trade with the EU and other regional countries, especially as Moldova seeks to expand its export markets.
• Non-compliance with EU product standards, as seen in the case of Romania's ban on Moldovan food imports, has already had significant economic consequences.

2. Economic Governance and Market Access Acquis

• Economic Governance Acquis: Includes regulations related to competition policy, company law, public procurement, intellectual property, and enterprise governance. These are foundational to a functioning market economy.
• Market Access Acquis: Encompasses product-related regulations (e.g., food safety, product standards) and process-related regulations (e.g., labour standards, environmental regulations). These are necessary for access to the EU Internal Market.

3. Government Response

• The Moldovan government has not yet adopted a systematic or coordinated approach to legal approximation.
• Efforts have been sporadic and donor-driven, with some initiatives like the National Commission for Legal Approximation and sectoral action plans.
• There is a lack of a clear champion for the legal approximation process and limited expertise among Moldovan officials in EU law and policies.

4. Lessons from New EU Member States

• New EU member states have demonstrated that convergence with the acquis requires institutional capacity, coordination, and substantial investment.
• They have implemented national work programmes with clear timelines and responsibilities, often using technical assistance from the EU.
• A regulatory impact analysis (RIA) is recommended to guide the convergence process and ensure that it is driven by economic needs.
• The process of implementing harmonized legislation is more complex than drafting it, requiring effective enforcement and institutional support.

5. Policy Scenarios for Convergence

• Achieving a Functioning Market Economy: The immediate priority should be to establish a stable and predictable business environment through the adoption of key economic governance regulations.
• Gaining Access to the EU Market: This involves implementing EU product standards and food safety legislation to take advantage of EU trade preferences (GSP and APTs) and prepare for a Free Trade Agreement (FTA).
• Preparing Public Administration: The government must enhance its capacity to implement and monitor legal approximation, including the establishment of independent institutions.
• Integration into the EU Internal Market: This is a long-term goal and requires a gradual and strategic approach, with a focus on economic growth and trade potential.

Recommendations

• Strategic Prioritization: The convergence agenda should be prioritized based on economic impact and trade potential, not on the sheer volume of the acquis.
• Regulatory Impact Analysis (RIA): A mechanism for conducting RIA should be established to ensure that convergence is economy-driven and efficient.
• Institutional Development: Moldova needs to build the capacity of its public administration to implement and enforce EU regulations effectively.
• Public and Private Sector Engagement: The process should involve consultation with the business community and investors to ensure alignment with their needs.
• Donor Support and Ownership: Donors should support the government in building ownership of the convergence process, rather than driving it from the outside.
• Long-Term Planning: A clear roadmap for convergence, including both short and long-term steps, should be developed and implemented.

Conclusion

The convergence with the EU acquis is a complex and long-term process that requires careful planning, institutional development, and political will. Moldova must adopt a selective and strategic approach, focusing on areas that will have the greatest economic impact and aligning its legal and institutional framework with the needs of its market economy and trade potential. The document emphasizes that the goal is not to fully adopt the acquis immediately but to do so in a way that supports sustainable growth and integration into the EU's economic structures.