Screening


The formal opening of the negotiating process is followed by an analytical overview and review of the degree of harmonisation of the national legislation with the acquis communautaire, known as screening.  In the screening process, the EU is represented by delegates of the European Commission. Members of the Working Groups for the preparation of negotiations on the individual chapters, in dialogue with representatives of state administration bodies, participate in this process on behalf of the candidate country.

 

Screening is conducted for every chapter individually. The duration of the screening process for individual chapters depends on the extent and amount of the acquis communautaire for the respective chapter, and can last from one day to several weeks. Overall, the screening procedure usually lasts for a year.

 

The main purpose of the screening process is to determine the differences that exist between the national legislation and every chapter of the acquis communautaire, with which the national provisions need to be harmonised by the date of accession. On the basis of the conducted analysis, the candidate country is required to state whether it will be able to fully harmonise national legislation with the acquis communautaire in individual chapters, or whether it will require transition periods for complete harmonisation with, and implementation of, the acquis.  In this way, the screening process provides a basis to define the negotiating framework and to identify possible needs for a transition period for certain chapters. At the same time, screening allows the European Commission to evaluate the readiness of the candidate country for the opening of substantive negotiations on individual chapters.

 

The European Commission may present to the candidate country lists of legal acts that regulate the chapter for which the screening process is conducted. The lists comprise parts of the acquis communautaire for the specific chapter, as well as other legislation, i.e. soft law, which mainly consists of relevant judgements of the European Court.

 

The screening lists are fulfilled by the members of the Negotiating Team with the support of the relevant state administration body and its EU coordinator, as well as the Secretariat of the Negotiating Team. Prior to submission to the European Commission, the screening lists are forwarded to the National Committee for Monitoring the Accession Negotiations of the Republic of Croatia to the European Union.

 

The European Commission, in consultation with the candidate country, draws up a report on the results of the screening process for every chapter. These reports are forwarded to the EU Member States, as well as to the candidate country. The reports reflect the European Commission’s evaluation of the candidate state’s readiness to adopt and implement the acquis communautaire and may recommend the opening of substantive negotiations for individual chapters. If the European Commission considers that the candidate country is not ready to open negotiation for a specific chapter, it will recommend the setting up of benchmarks (minimum requirements) which need to be met before the negotiations for a respective chapter can be opened.

 

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