cbc enpi article

8/4/2019 Cbc Enpi Article

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Cross-border cooperation - a strategic dimension of EuropeanNeighborhood Policy at the Easte rn frontier of the EUNicotaeDANDI

Abstract: Each stage of the enlargement policy, with each wave of new countries thatjoined the European Com mun ity, has brought new neighbours that are not only neighbouringcountries of the recently adhered states, but also become neighbouring countries of a communitywith common legislation and "rules of the game ". The strengthening of neighbourhoodrelationships is accomplished through cross-border cooperation within a more formalframework (euro-regions) or direct contacts between authorities and citizen groups in borderareas. By m eans of this article we argue that cross-border cooperation become s an importantdimension via its role in the achievement of the ENP general objectives, which are establishedboth by European documents of this policy and by Action Plans of the countries included in theENP . External financial assistance through Neighbourhood Programmes for 2004-2006 as wellas through the EN PI for 2007-2013 with c ross-border and inter-regional Program mes arepurported to draw the neighbouring comm unities close to E uropean standards and cooperatefor ensuring stability, security and prosperity on the entire European continent.Keywords: Cross-border cooperation, European Union, Neighbourhood Programmes,

ENPI, frontierThe relationships between the EU and other states, either direct neighbours or not, arebuilt on the basis of principles of friendship and peaceful relations, sovereignty and observanceof the states' integrity, acknowledged on the European and international level. In the preambleof the United Nations Charter signed on 26 June 1945 in San Francisco, at the end of the UnitedNations Conference regarding the international organization, which came into force on 24October 1945, is asserted the states' necessity "to practice tolerance and live together in peacewith one another as good neighbours". Alan Henrikson observes that this provision from theCharter's preamble in English version - "good neighbours", in French version is formulatedlike "esprit de bon voisinage " (in English translation - spirit of good neighbourliness) whereasin Romanian instead of "ca buni vecini" it will be translated as "n spiritui bunei vecintfi".Some authors accept the idea that the "policy" and the "principle" of good neighbourhood is not

a concept clearly and legally defined. The words used to formulate this concept do not illyexpress its meaning (Henrikson, 2000: 124). A terminological dictionary in international lawadmits that the concept of "good neighbourliness" (bon voisinage) "is not a precise juridicalconcept", which would rather signify a spirit of reciprocity, understanding and confidence(Dictionnaire de la terminologie du droit international, 1960: 94).The attitude towards the EU neighbours in the context of the enlargement process, aswell as their role in advancing the integration of the adhered countries, engendered discussionsand concerns of the decision-making factors at the Communify level throughout the wholeprocess of European construction. However, the concerns in this sense have known a remarkableimpetus once with the EU enlargement eastward and with the substantial growth of the borderbetween member and non-member states. Beside the geographical aspect, a different role informulating proposals with regard to neighbouring countries was performed by the economic


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36level regarding the establishment of a neighbourhood policy in a new context with more memberstates. Nevertheless, the countries benefiting from the future policy were not nominated,whereas the concept of neighbours was more or less clearly defined, and all this due to thevacillating character of these countries' approach, to the lack of planning and of divergences ofvisions between the Member States (Delcour, 2006: 8). The idea of a more active policy of theEU towards the new neighbours, other than Russia, such as Ukraine and Moldova, was firstproposed in 2002 by the ministers of foreign affairs of Great Britain and Sweden, becauseUkraine and Moldova, alongside Russia and Belarus', were to become direct neighbours on theEastem border of the Union after Poland and Romanian adhesion. On 11 March 2003 theEuropean Commission presented the document titled "Wider Europe - Neighbourhood: A NewFramework for Relations with our Eastern and Southern Neighbours" (COM (2003) 104 final).According to the Commission, the geographical vicinity sets forth opportunities and challengesboth for the EU and its neighbours, so that these neighbourhood relationships need to beapproached with the idea of intensifying the cooperation in order to create an area of prosperityand good neighbourhood on the EU borders. The EU desires to create around itself "a ring offriends " with whom it will be able to establish a fmitftil and peaceful cooperation^.Since the launching of the ENP, there have been sought mechanisms by means ofwhich this policy should be implemented so that to create a favourable foundation for promotingcooperation on multiple areas with neighbours. On 1 July 2003, the European Commissionadopted the document "Paving the way for a New Neighbourh ood Instrument" (COM(2003)393 final) which proposed for 2004-2006 to launch the Neighbourhood Programmes as aforemnning stage for the creation in 2007 ofthe New Neighbourhood Instrument along with thelaunching ofthe new budget execution ofthe EU for 2007-20131 The Communication of 2003envisages the creation of a New Neighbourhood Instmment for the promotion of cross-bordercooperation along the extemal border of the enlarged EU. However, considering the number oflegal and budgetary questions to be resolved, the Communication sets out a two-phase approach:1) For the period 2004 - 2006, Neighbourhood Programmes will be introduced,based on enhanced coordination among existing instmments. This implied the Commission'sadaptation of the INTERREG Programme taking into account the concepts of NeighbourhoodProgrammes and the geographic beneficiary areas, adding up the new eligible countries andregions (regions from the south part of Spain, France, Italy and Greece) and the allotment offinancial resources for cooperation of Neighbourhood Programmes within the framework ofCARDS, Meda and PHARE CBC on the Bulgarian and Romanian border with the Republic ofMoldova, Ukraine and West Balkan states for 2004-2006.

2) After 2006, a New Neighbourhood Instrument will be established. TheCommunication of July 2003 provides that the New Instrument, which refers to the period after2006, although with different agendas for different regions, shall: combine cross-bordercooperation with regional cooperation on the EU extemal borders that will ensure the continuityof some activities accomplished within already existing financial instruments and leam fromtheir previous successful experience; combine the external policy objectives, including thegeopolitical ones, with economical and social cohesion objectives; avoid the difficulties and theproblems that could be met while applying previous financial instmments (COM(2003) 393final). The communication provides that the Commission will put forth more detailed proposalsabout the New Instrument and will establish orientations for the next financial perspective,taking account of the conclusions of the Third Cohesion Report, which suggests that sharing

' Although an Agreement on Partnership and Cooperation between Belarus and the EU was negotiated in


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37good practices and experience at the European level shall be promoted and supported byways of organizing different networks involving regions and countries'*.The ENP objectives were established in line with the European Security Strategy(adopted by the European Council in December 2003) in order to contribute to stability andgood governance in the immediate EU neighbourhood, although this document is beingupdated and adapted to the new geopolitical context. Within the adaptation framework ofmechanisms of the ENP objectives achievement, on the 11 October 2004, the EuropeanCommission published the Regulation regarding the New European Neighbourhood andPartnership Instrument.Among the four neighbouring countries on the Eastern land border of the EU,Russia, Belarus, Ukraine and Moldova, only the last two countries have aspirations forEuropean accession. The EU-Russia relationships are based on a Strategic Partnership and itdid not assert the intention of its accession to the EU, refusing to be included and treated asother partners in the European Neighbourhood Policy. Belarus is one o ft h e 16 countriesincluded in the ENP, but the president's authoritarian regime and the massive Russianinfluence on this country do not allow the activation of collaborative mechanisms betweenthis country and the EU , as it is happening with Ukraine and the Republic of Moldova. Theestablishment of good neighbourhood relations with the countries the EU has commonborder with is an EU priority included in all documents mentioned above, which constitutethe normative framework ofthe ENP. However, bilateral relations between the countries onthe EU external border with neighbouring countries are obviously the most important aspectthat determines the collaboration degree from a double perspective, on the one hand, the EUand the Member States on the external border and, on the other hand, the neighbouringcountries.

The cross-border cooperation between the EU and the Eastern EU Border Statesthus becomes a strategic dimension in the bilateral relations, especially with Ukraine andMoldova that continue their efforts to elaborate and implement reforms in the Europeanaccession process. Ensuring secure borders, cooperation regarding visas and illegalmigration, cross-b order delinquency are jus t some of the highly important subjects in thiscooperation format.The cross-border cooperation of Ukraine with Poland, Slovakia, Hungary, Romaniaand of the Republic of Moldova with Romania are border segments which would have tohesitate about their entrenchments, even if we admit for a medium- or long-term period theprospective of their EU accession. The EU Eastern border stretches between eight MemberStates and four neighbouring countries, from the Barents Sea to the Black Sea ofapproximately 5000 km; in the South-East between five West Balkan states and six MemberStates; in the South between eight Member States and ten neighbouring countries, yet thereis a prevailing sea border of roughly 5500 km.Both for Ukraine and for the Republic of Moldova the Neighbouring Programmesfor 2004-2006 have made up an important stage in strengthening the cross-bordercooperation with the neighbouring countries members of the EU since 2004 and 2007, aswell as an incentive for promoting reforms, assuming the experience and good practices ofthese countries. The Com mission 's Com munication of 1 July 2003 proposed a list ofNeighbourhood Programmes for 2004-2006, based on the INTERREG and PHARE CBCProgrammes, including for the future member states regarding the assistance on the EUexternal borders, in order that the borders ofthe wider Europe Union shall be covered. Thetable below presents the Neighbourhood Programmes for 2004-2006, wherein the EasternEU four Border States were involved. Ukraine and Moldova, the two countries with the EU


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38Table 1. The list of the Neighbourhood Programmes (2004-2006) wherein participated Russia,Belarus, Ukraine and Moldova*

Neighbourhood ProgrammesNord (Kolarctic)KareliaSouth-East Finland/RussiaEstonia/Latvia/RussiaLatvia/Litbuania/BelarusLithuania/Poland/RussiaPoland/Ukraine/BelarusHungary/Slovakia/UkraineRomania/UkraineRomania/MoldovaBaltic SeaCAUSES

Countries involvedFinland, Russia, Sweden and NorwayFinland, RussiaFinland, RussiaEstonia, Latvia, RussiaLatvia, Litbuania, BelarusLithuania, Poland, RussiaPoland, Ukraine, BelarusHungary, Slovakia, UkraineRomania, UkraineRomania, MoldovaGermania, Denmark, Sweden, Finland, Estonia,Lithuania, Latvia, Poland, Norway, Russia, Belarus.Germania, Italia, Greece, Czech, Slovakia, Slovenia,Poland, Hungary, Romania, Albania, Ukraine,Moldova, Serbia and Montenegro, Bulgaria, FormerYugoslav Republic of Macedonia, Austria, Bosniaand Herzegovina.

*Source: Communication from tbe Commission, Paving the way for a N ew NeighbourhoodInstrument" COM (2003) 393 final, Brussels, 1 July 2003, p.14.

As arises from the common programmes of each Programme for each one of the 4states, there has been established the following eligible areas for participation.1) Russia: Murmansk oblasts. Republic of Karelia, St Petersburg City and Leningrad,Pskov and Kaliningrad oblasts are eligible for cross-border programmes. In the Barents regionalco-operation, Archangelsk Oblast and Nenets Autonomous Area (Nenzen Okrug) can also beincluded. In the Transnational Baltic Sea Programme, in addition to the above mentionedregions, Novgorod oblast is eligible. In all cases, no region outside the North West FederalDistrict (Okrug) will be considered eligible.2) Belarus: Brest, Grodno, Vitebsk as border regions, and Minsk oblast as given itsproximity to the border.3) Ukraine: Volynska, Lvivska, Zakarpatska, Ivano-Frankivska, Chemivetska andOdesska Oblasts. For the Transnational CADSES programme regions adjacent to the borderregions, e.g. Temopilska oblast may be considered eligible.4) Moldova: The whole of the R epublic of Moldova is eligible.Each Programme established its priorities in accordance with each region, formulatedhowever in the context of four major objectives set out in the Communication of March 2003, asfollows: promoting sustainable economic and social development in the border regions;working together to address common challenges, in fields such as environment, publichealth, and the prevention of, and fight against, organized crime;


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39Aiming at effective co-ordination and synchronization of the assistance instruments,

existing in the field of cross-border cooperation between the wider Europe Union andneighbouring countries , and at widening the geographical coverage from 1 January 2 004 ofPHARE Programme, including on the external borders of Bulgaria and Romania, theCommission amended the PHARE CBC Regulation (EC) No 2760 of 1998 (OJEC, 1998: 11)via Regulation (EC) No 1822 of 2003 (OJEC, 2003: 9). The European Regional DevelopmentFund (ERDF) fmanced the field of cross-border cooperation in the EU border regions (includingthe ones on the external borders) s ince 1991 through INTERREG Programme. Within 2000 and2006 , the total allocated inds for financing the projects of the Member States as beneficiaries,on the EU external borders, made up approximately 230 million Euros per year. Within 1996and 2003, for cross-border cooperation within the TACIS Programme's -amework, 250 millionEuros have been allocated, for such priorities as: border infrastructure; support for local andregional cooperation through TACIS Small Project Facili ty; support for environmental projects ,for economic cooperation and for private sector development. Before the Instrument 'sestablishment, the EU external assistance in the field of cross-border, sub-regional and trans-national cooperation had been realized through different community Programmes (TACISCBC^ INTERREG Community Ini t ia t ive^ CARDS' , PHARE CBC^ Meda ' ) , each f inancia lprogramme-instrument being regulated by a specific normative framework adopted by Europeaninstitutions.

For Russia, Belarus, Ukraine and Moldova, the EU offered assistance for cross-bordercooperation through TACIS Cross-Border Co-operation (CBC) programme since 1996. Adetailed Cross-Border Cooperation assessment can be found in the Indicative Programme for2004-2006 presented to the EU Member States at the TACIS Management Committee of 15October 2003, which was adopted by the Commission on 21 November 2003. In line withprogramming documents of this instrument of financial assis tance "The 'proximity benefits 'include shorter transport costs and cultural linkages, which will certainly promote cooperationbetween border regions. Cross-border cooperation contributes to the creation of greateropportunities for people in the border regions and enhanced regional cooperation can contributeto economic development and integration at the grass roots level as well as better mutualunderstanding and confidence building across the bord ers."

For the Republic of Moldova, and for Russia, Ukraine and Belarus, the Commissionlaunched the "Regional Capacity Building Initiative (RCBI)" Project (COM, 2005). The mainobjectives of this project are:

to build project and programme management capacity and skills in the regions alongthe eastern border ofthe Union stretching from Murmansk to Odessa;

TACIS CBC Programme supports the cross-border cooperation on the western borders of the followingcountries: Russia, Ukraine, the Republic of Moldova, and Belarus. The legal basis ofth e Programme isthe Council Regulation (EC , Euratom) N o 99/200 of 29 December 1999.INTERREG Community Initiative is a fmancial instrument within the framework of the EU StructuralFunds and supports the cross-border and trans-national cooperation between Member States andneighbouring countries. The fmancial resources allocated via the programme can be spent only on theEU territory. The legal basis ofthe Programme is the Council Regulation (EC) No 1260/1999 of 26June 1999 and INTERREG Guide III, Official Journal ofthe European Union C143 of 23 May 2000.CARDS is an important instrument in the process of association and stabilization in West Balkans. Thelegal basis ofthe Programme is the Council R egulation (EC ) No 2666/2000 of 5 December 2000.PHARE CBC Programm e supports the cross-border cooperation between the EU and candidate countries.For 2004-2006 this programme expanded its assistance to the external borders of Romania and


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40to raise awareness for the Neighbourhood Programmes in local areas along the entirestretch of the eastern EU border;to train and assist potential partners to prepare sound project applications under theNeighbourhood Programmes.The project's assistance, especially relating to increasing European frinds absorption

capacity of potential applicants, was useful not only for Neighbourhood Programmes as a resultof the completed trainings, but also for employing to the best advantage the financingopportunities in the field of cross-border cooperation as part of the ENPI 2007-2013. Within thefram ew ork of the project, there has been created a database of organizations/institutionsinterested in developing partnerships and joint projects, available on the project's Web page,which currently contains data about 2000 institutions (NGOs, local public authorities and otherinstitutions). Although the project started off with 4 countries, at this time in the assistance andconsultancy process, 15 beneficiary partner countries from the East and South have joined. Theproject will finish in December of 2009'.Nearly all the eligible regions in the Neighbourhood Programmes (2004-2006) of the

four countries are members of different euro-regions, where a certain experience andcooperation customs exist in formal or informal structures at the regional and local authorities'level. The legislative differences between countries, political will and identification of commonproblems on both sides of the border are some of the aspects that explain the activism andcooperation degree for overcoming the problems from these euro-regions. One of the mostimportant factors that determine the collaborative relationships and the interest towards cross-border cooperation between these countries is the concentration in border regions of ethnicgroups or entire ethnic communities of neighbouring countries, taking into consideration theparticularity of the relationships between Romania and the Republic of Moldova where thepopulation share the same history, culture and language. Among the EU exigencies towards thecountries on the EU external borders, the political will of these countries' authorities is probablythe most important factor that will dynamize and bring closer the communities on the commonborder. The tight cooperation between the Council of Europe and the Europe Union contributesto reconciling the legislative disagreements for cross-border co-operation between the EU statesand the neighbouring ones and complies with the European Outline Convention on TransfrontierCo-operation between Territorial Communities or Authorities (Madrid, 1980) and with twoadditional Protocols.

The first and the most important operational instrument of the ENP is Action Plans.These documents are negotiated and signed between the EU and each ENP country, proceedingfrom the necessities and the capacities of the respective country and from the interests of eachparfy country. The priorities identified and determined in Action Plans ought to be not onlyambitious, but also practical, accurately formulated, so that they can be measured and theprogress resulting from their implementation be monitored. There is a Strategic Partnershipbetween Russia and the EU, whereas Russia is not included in the ENP. Belarus, althoughincluded in the ENP, does not participate in it yet. Ukraine and the Republic of Moldova signedthe Action Plans w ith the EU in February 2005. The country reports presented by the EuropeanCommission in May 2004 were elaborated with the aim of identifying priorities which will bethe focus of friture Action Plans with the ENP countries, taking into account the Conclusions ofthe General Affairs and External Relations Council of 14 June 2004 and the provisions of theAgreement on Partnership and Co-operation (APC ), previously signed w ith these countries. TheAction Plans, in particular, have to contribute to developing cross-border cooperation.

The Republic of Moldova and Ukraine Action Plans pay special attention to theirparticipation in the Neighbourhood Programmes (2004-2006) strengthening the cross-border


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41Transnistrian conflict heing directly referred to. The EU-Ukraine Action Plan provides that hoththe EU and Ukraine "are determined to work together, through the implementation of thisEuropean Neighhourhood Action Plan, to help ensure that no new dividing lines are drawn inEurope [...] agreed to enter into intensified political, security, economic and cultural relations,including cross horder co-operation and shared responsihility in conflict prevention and conflictresolution". "Cross-horder co-operation regimes on the EU extemal horder have afunction of ensuring security of the EU and of its member or accession states located on thishorder through resolutions and the prevention of potential conflicts hetween hordering counties"(Czimre, 2007 : 78-89).

Similar objectives for hoth state parties are included in the Country Strategy Paper(CSP) for 2007-2013 and National Indicative Programme (NIP) for 2007-2010. A particularsignificance of the Republic of Moldova cooperation with the EU and Ukraine lies in theestahlishment ofthe EU Border Assistance Mission to Moldova and Ukraine (EUBAM)" bysigning on 7 October 2005 the Mem orandum of Understanding between the EuropeanCommission, the Government ofthe Republic of Moldova and the Government of Ukraine on theEuropean Commission Border Assistance Mission to the Republic of Mo ldova and to Ukraine.Within the framework of EUBAM, on 1222 km of Moldova-Ukraine border, more than 200employees are working, among whom over 100 Customs experts and Border Guards from 22EU member states, representatives of few CIS countries from the UNDP levy, and personnelfrom Moldova and Ukraine. The M ission 's experts are located within six territorial offices -Basarabeasca, Chisinau and Otaci, in Moldova, and Kotovsk, Kuciurgan and Odessa sea port, inUkraine.

On 24 Octoher 2006, the European Parliament and the Council of Europe adopted theRegulation Laying dow n general provisions establishing a Europea n Neighbourho od andPartnership Instrument {Regulation (EC) No 1638/2006, 24 October 2006), proposed hy theCommission, which constitutes the legal basis of the New Instrument with all its components.The document was puhlished in the Official Journal ofthe EU on 9 November 2006 and in linewith Article 32 of this document, it shall apply from 1 January 2007 to 31 Decemher 2013.Article 1, Title 1 of this document, establishes the general scope of the ENPI "to provideCommunity assistance for the development of an area of prosperity and good neighhourlinessinvolving the Europe Union and partner countries'^ ... Community assistance may be used forthe common benefit of Member States and partner countries and their regions, for the purpose ofpromoting cross-horder and trans-regional cooperation ... The Europe Union is founded on thevalues of liberty, democracy, respect for human rights and fundamental freedoms and the rule oflaw and seeks to promote commitment to these values in partner countries through dialogue andcooperation."Article 4, Title I, of the Regulation of 26 Octoher 2006 emphasizes three basicprinciples in the process of the ENPI ohjectives achievement: Complementarity, Partnership,an d Co-financing. These principles are justified, because, with regard to the first principle, thesupported programmes and projects shall conform to national, regional or local strategicplanning. The second principle underlies a normal establishment of partnership between theCommission and the beneficiaries, whereas the partnership shall involve national, regional andlocal authorities, economic and social partners, civil society and other relevant bodies.Considering the fact that the Commission's support is partial, supplemental financial resourcesare necessary for carrying out the projects mentioned in the Applicant's Guide for eachprogramme.


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42Aecording to Article 6, Title II ofthe Regulation, the Community assistance within theframework ofthe New Neighbourhood Instrument will be implemented through:Country strategy papers and indicative programmes;Trans-national programmes (projects between two or more partner countries at regionaland sub-regional level, in which the Member States can participate);Cross-border programmes (refers to collaboration between one or more partnercountries and one or more Member States, taking into consideration the regions on theexternal border ofthe EU w here these are located);Other programmes referred to in Article 15 ofthe Regulation.Trans-national programmes can also include measures of trans-regional cooperation,which, under this Regulation, signify cooperation between the Member States and the partnercountries regarding problems and subjects of common interest and can be carried on anywhereon the territory of the Member States and of the partner countries. There will be adoptedStrategy Papers for each country and trans-national programme, which not only will refiect thepriority objectives for each country or region in accordance to contractual documents between

the partner country (countries) and the EU, but also will be in line with the established principlesof the Regulation. The strategies are established for a period of time compatible with thepriorities set out within the policy and must contain multi-annual indicative programmes,including multi-annual indicative financial allocations. They also must be revised in a medium-term period or when it is necessary in keeping with the procedure foreseen in Article 4 and 7 byCouncil Decision 468/EC of 28 June 1999.Under Article 7 ofthe Regulation, it is provided that "in establishing country and multi-country programmes, the Commission shall determine the allocations for each programme, usingtransparent and objective criteria and taking into account the specific characteristics and needsof the country or the region concerned, the level of ambition of the European Union's

partnership with a given country, progress towards implementing agreed objectives, includingthose on governance and on reform, and the capacity of managing and absorbing Communityassistance." In addition, one or more strategies will be designed for cross-border cooperation,which will comprise indicative multi-annual allocations and territorial units eligible to partake inthe programme, while the allocations will be determined by the Commission according tofeatures characteristic to each border region, population of eligible area, other factors that affectthe cooperation intensity and management and absorption capacity ofthe community assistance.According to Article 12, Title IV of the Regulation, for each Programme, actionprogrammes shall be adopted, generally on an annual basis, on account of the Strategy, settingout the pursued objectives, the expected results, the management procedures and the total

amount of financing planned. Additionally, they shall describe the operations to be financed andthe amounts allocated for each operation; define the type of performance indicators that will bemonitored, as well as an indicative implementation timetable. The Commission will adopt jointprogrammes for cross-border cooperation, in accordance with Article 9 of the Regulation. Theaction programmes within country and trans-national programmes and the joint programmeswithin cross-border cooperation programmes shall be presented by the Commission to theEuropean Parliament and Member States for their information.In line with Article 29 ofth e Regulation, the total amount of financing of the EuropeanNeighbourhood and Partnership Instrument planned for 2007-2013 is 11.181 billion Euros, outof which a minimum of 95 % shall be allocated to country and multi-country programmes and upto 5% to cross-border programmes. We consider that 5% out of the total amount allocated tocross-border cooperation projects is insufficient, even if, in this context, actions will be carriedout within multi-country programmes. Article 30 of the Regulation stipulates that the


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43within the ENPI will be offered, and correlating thematic objectives with geographic ones, theCommission established and adopted on 7 May 2007 the Inter-Regional Programme, the SothemRegional Programme, the Eastem Regional Programme, tbe Cross-Border CooperationProgrammes and Country Programmes, establishing the Strategies papers of these programmesfor 2007-2013 and their Indicative Programmes for 2007-2010.

The financial assis tance of cross-border cooperation programmes as importantmechanisms of the ENPI, according to the Strategy for 2007-2013, is ensured from two sources:from own financial allocations of tbe ENPI under Article 29 of the ENPI Regulation of 26October 2006 and from the European Regional Development Fund (ERDF) under Regulation of11 July 2006 (Council Regulation (EC) No 1083/2006, 11 July 2006). Thus, out of 583.28million Euros as indicative allocations for cross-border cooperation programmes for 2007-2010,274.92 million Euros come from the ENPI and 308.36 million Euros come from ERDF. But, for2011-2013 out of 535.15 million Euros allocated indicatively, 252.23 million Euros come fromthe ENPI and 282.93 million Euros from the ERDF.

ENPI Cross-Border Cooperation'^ is a significant mechanism for accomplishing anintegral part of the ENP and the Strategic Partnership with Russia. The Strategy for 2007-2013regarding cross-border cooperation programmes asserts general objectives of the EU in thisfield, examines the political agenda relevant to this cooperation and the socio-economic situationin border regions of the partner countries, offers a general presentation about previousaccomplishments in this field and includes the cross-border cooperation programmes within thecontents of other relevant cooperation programmes and policies . The cross-border cooperationprogrammes for 2007-2013 defined four key-objectives:

- To promo te social and economic development in regions on both sides of the com mo nborder;

- To collaborate for addre ssing challenges in fields such as: env iron me nt, public healthand the prevention of and fight against organized crime;

- To ensure secure and efficient borders;- To prom ote cross-border "people-to-peo ple" actions.

These programmes shall be edified on the basis of both cooperation experience and establishedstructures within the firs t s tage (2004-2006) of the Neighbourhood Programmes. The Strategyprovides that pro gram m e's partners establish and adopt joint coop eration prog ram me s, whichare put forward for the Commission and are adjusted to the provisions of the Regulation ofOctober 2006 and to the Implementation R ules of Augu st 2007. When these join t co operationprogrammes are adopted by the Commission, they are submitted to the European Parliament andthe Member States. The cross-border cooperation programmes will offer assistance to relevantEuropean policies that produce major effects in considered regions and acquire indicatorsthrough concrete actions, with strategic repercussions on the population of the EU borderregions with partner countries. Among priority fields, the Strategy for 2007-2013 distinguishes:

- issues related to trade policy, including the regulation for local bord er trade along theEU's extemal border;

- the Scheng en acqu is, including the Schengen Facility that offers supp ort for the newMember States for border investments;

- mig ration policies , visa issuing, illegal mig ration and the fight against orga nized c rime;- operational cooperation coordinated by FR ON TE X' ' ' and Europ ol;

" ENPI Cross-Border Cooperation, Strategy Paper (2007-2013) and Indicative Programm e (2007-2010),available on: http://ec.europa.eu/world/enp/pdCcountry/enpi_cross-border_cooperation_strategy_paper_en.pdf


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44- environment and maritime policy, including external dimensions of fisheries policy.For 2007-2010 the Indicative Programme defines the geographical areas and regions'eligibility within the programmes, as well the objectives and the expected results from 15 cross-border cooperation programmes, among which - 9 land border programmes, 3 sea-crossingprogrammes and 3 sea basin programmes. In Table 2, there are listed the programmes and the

indicative allocations for each cross-border cooperation programme within the ENPI for 2007-2013. The four countries on the Eastern border of the EU (Russia, Belarus, Ukraine and theRepublic of Moldova) are involved in almost all these programmes: The Baltic Sea RegionProgramme (adopted on 21 December 2007), the Romania-Ukraine-Republic of MoldovaProgramme (adopted on 29 July 2008), the Hungary-Slovakia-Romania-Ukraine Programme(adopted on 23 September 2008), the Poland-Belarus-Ukraine Programme (adopted on 6November 2008), the Black Sea Programme (adopted on 27 November 2008), the Lithuania-Poland-Russia Programme (adopted on 17 December 2008), the Estonia-Latvia-RussiaProgramme (adopted on 17 December 2008), the Latvia-Lithuania-Belarus Programme (adoptedon 18 December 2008), the Kolarctic-Russia Programme (adopted on 19 December 2008), theSouth East Finland-Russia Programme (adopted on 19 December 2008), the Karelia-RussiaProgramme (adopted on 22 December 2008).Table 2. indicative allocations for each cross-border cooperation programmes within the ENPIfor 2007-2013Land Border programmes

Kolarctic/RussiaKarelia/RussiaSE Finland/RussiaEstonia/Latvia/RussiaLatvia/Lithuania/BelarusLithuania/ Poland /RussiaPoland/Belarus/UkraineHungary/Slovakia/Ukraine/RomaniaRomania/Moldova/UkraineSee Crossing programmesSpain/MoroccoCBC Atlantic ProgrammeItalia/TunisiaSea-Basin programmesBlack SeaMediterranean SeaBaltic Sea region (ENPI'scontribution to the Baltic Seaintegrated programme)Total

2007-2010(mil. Euro)14.72812.10118.87124.91521.76668.90897.10735.79666.08681.73816.77313.1389.02590.53911.791

583.283

2010-2013(mil. Euro)13.51311.10217.31422.85919.97063.22289.09432.84260.63274.99315.38912.0548.28183.06810.818

535.152

2007-2013Total(mil. Euro)28.24123.20336.18547.77541.737132.130186.20168.638126.718156.73232.16225.19117.306173.60722.608

1.118.434*Source: ENPI Cross-Border Cooperation,Programme (2007-2010), p. 29.

Strategy Paper (2007-2013) and Indicative


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4 5Besides the cross-border cooperation programmes, opportunities will be created for

projects with cross-border impact - ENPI Eastern Regional Programme an d the Black Sea BasinCooperation Programme. All four countries on the Eastern land border of the EU willparticipate in these two prog ram me s.

ENPI Eastern Regional Programme covers seven countries from the Eastern Europeand the South Caucasus included in the ENPI (U kraine, Belarus, M oldova , Arme nia, Azerbaijan,Georgia and Russia). The Strategy and the Indicative Programme adopted formally by theCom mission on 7 March 2007 for these countries comp lement the Strategies and IndicativeProgrammes of each one of these countries and, therefore, they ought to be regarded on thewhole. The Regional Strategy was developed in the process of establishment, throughconsultancy with partner countries ' authorit ies , the EU Member States and other donatinginstitutions. The main objective of the EU cooperation in this region, according to the Strategyof this programme for 2007-2013, is to develop and increase the established relationships,proceeding from previous cooperation levels to a gradual economic integration, in addition tointensifying the cooperation at the political level.

The Assistance to the Eastern Regional Programme within the ENPI will be focused on5 priority areas included in the Regional Indicative Program me for 20 07-20 10:- Creating netwo rks (in fields such as transpo rt and energy), regional coop eration at the

level of Small and Medium Enterprises;- Environm ent protection and forestry;- Border and migration managem ent, the fight against trans-national organized crim e,

and Customs;- "people-to-peo ple" activit ies , information and support.

The EU assistance for the whole period covered by the Strategy, through this Programme,aims at strengthening the collaborative relations between countries in the region and between themand the EU, supplementing the assistance provided at the national level through the one at theregional level. On the whole, they shall contribute to the ENP implementation and the StrategicPartnership on the four common areas of cooperation between the EU and Russia. In order to ensurethe continuity of the Regional Cooperation Programme for 2000-2006 and the assistance of theTACIS Regional Programme, five Central Asian Republics (Kazakhstan, Kirghizstan, Tajikistan,Turkmenistan, and Uzbekistan)" can as well benefit from the assistance within the Eastern RegionalProgramme under Article 27 of the Regulation regarding the ENPI of 26 October 2006. TheIndicative Programme for 2007-2010 of the Eastern Regional Programm e within the EN Pl earmarkedallocations of 223.5 million Euros.

Another programme within the framework of the ENPI, which raises a possibili ty forregional and cross-border cooperation of the Republic of Moldova, Russia and Ukraine, is th eBlack Sea Basin Cooperation Programme for 2007-2013. The EU policy in the Black Searegion was stated through the Communication from the Commission on 11 April 2007 - BlackSea Synergy - a new Regional Coop eration Initiative (COM(2007) 160 final, 11.04.2007). Inaccordance with this document, the Black Sea region includes Greece, Bulgaria, Romania andWest Moldova, Ukraine and Russia in North, Georgia, Armenia and East Azerbaijan, and SouthTurkey. Although , Arm enia, M oldo va and G reece are not li ttoral s tates, history and g eographicalproximity make them natural regional actors . The objectives set out in the programme for thisregion are, as follows:

- Sharing experience and good practices betwee n the countries in the region;- Introducing com mon standards for saving and exchanging information;- Increasing political involvement for avoiding regional confiicts, and addressingongoing regional conflicts;


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46- Supporting regional transport cooperation and construction of new energyinfrastructure;- Facilitating the development of contacts hetween com munities, cities, universities,cultural institutions, civil society organizations in the Black Sea region;- Establishing a strategic environment cooperation, enhancing the implementation of

multilateral environment agreements in the region;- Supporting the cooperation hetween the countries in the region in the social, scientificfields, strengthening cross-horder cooperation.This programme was estahlished on account of both socio-economic reasoning, by thefact that five countries in the region are member states ofthe ENP, for which the EU has specificcooperation mechanisms, and political and geopolitical reasoning, by Romanian and Bulgarianaccession to the EU on 1 January 2007 - a fact that leads to cooperation in the field of regionalsecurity. From a financial point of view, the EU will support the achievement of the objectivesmentioned above hy use of the resources of the national, regional and cross-horder cooperationprogramm es under the ENPI, and hy other instruments o fthe EU extemal assistance, as well, forthe Member States, hy the European Regional Development Fund. In this sense, the regionalactivities of the European Bank for Reconstruction and Development, the European InvestmentBank, and the Black Sea Trade and Development Bank (with the headquarters in Thessaloniki)can offer new possihilities for the creation of common funding mechanisms. The total budget ofthe programme is approximately 17 million Euros.

On 19 June 2008, the European Commission puhlished a Report on the first year ofimplementation of the Black Sea initiative, in which the efforts of the party countries in theregion are appreciated for the fulfilment of common objectives and interests for the EU and thepartner countries (candidate or participating in the ENP) (COM(2008) 391 final, 19.6.2008). TheEU policy in the Black Sea region takes on a particular importance by the fact that this regionbecomes a new strategic horder for Europe, Russia and the United States of America, in terms ofenergy security, frozen conflicts, trade ties, migration and other key policies. The Black SeaSynergy brings the EU closer to the ENP's partners and to Russia, especially that the EU hasgained in general a positive collahorative experience with Russia in North in the Baltic Searegion, and would like to develop similar cooperation in the Black Sea Basin (Emerson, 2008:265). The EU policy in this region and Georgia and Ukraine's aspirations to adhere to NATOraises questions regarding the expansion, on the one hand, of these two organizations, and theopposition, on the other hand, of Russia to this issue.

In addition to the financial assistance through the programmes mentioned ahove, theneighbouring countries on the EU Eastern horder will henefit from the financial assistancethrough country programmes. Thus, according to the indicative multi-annual allocations fromthe EU for 2007-2010 for country Programmes within the ENPI, the four countries are allotted:Ukraine - 494 million Euros, the Republic of Moldova - 209.7 million Euros, RussianFederation - 120 million Euros, Belarus - 20 million Euros'*.An important problem, which impedes or explains certain aspects of cross-bordercooperation hetween border localities, lies in the free movement of people, in particular the visaproblem. The advancement of the accession process of the adhered countries in 2004 and in2007 required from them certain reforms with concern to ensuring secure borders from theperspective of accession to the Schengen space. Nearly all countries that adhered to the EU inMay 2004 adhered to the Schengen space in December 2007, whereas the other two countriesthat joined the EU in January 2007 will adhere to the Schengen space in March 2011. Since2000, at the EU inquiry, candidate countries such as Estonia, Latvia, Slovakia and Romania hadto set up a visa regime with their neighbouring non-candidate countries - Russia, Moldova and


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47A particular case is the Kaliningrad Region of Russian Federation, which has a 206 kmborderline with Poland and 227 km borderline with Lithuania. As an objective set out by theAction Plans within the ENP and the Strategic Partnership, the EU signed Agreements on visafacilitation with Russia, Ukraine and the Republic of Moldova. For Russia, it came into force inJune 2007, while for Ukraine and the Republic of M ol do va- in January 2008. The visa problemis tightly bound to the problem of border and migration management. With the aim of securingthe EU external borders, the Commission proposed to create a European Border SurveillanceSystem - EUROSUR FRONTEX, which shall give an analysis of risks in order to determine theareas of Member States' external borders that need to be covered by a national surveillancesystem, a comparison between this analysis and the plans presented by the Member States, andan infrastructure report regarding the existing surveillance and the one necessary in selectedneighbouring countries. The EU considers that the application of the surveillance instrumentscan provide the Member States' authorities with up-to-date, functional and less expensiveinfonnation about external border and pre-border areas surveillance (COM(2008) 68 final,13.02.2008). In 2009, depending on the recommendations of the Member States, theCommission shall put forward to the European Parliament and the Council of Europeinformation about the measures to be undertaken for achieving the objectives established by theCommission.In conclusion, it ought to be mentioned that, if in the South the EU has a naturaldefinite border, in the East it is provisional and is subject to debates not only in politicalenvironment, but also in the academic one, in the context of the question - to what extent willthe EU be enlarged? Among the four countries on the EU Eastern border - Russia, Belarus,Ukraine and the Republic of Moldova (Dandi?, 2008: 17-32), only the last two countries nurtureEU accession aspirations and are active within the European Neighbourhood Policy. Proceedingfrom the ENP objectives to build in the EU neighbourhood "a ring of friends", a space ofstability, security and prosperity, this thing can be achieved specially through advanced politicaland economic relations with neighbours. The relationship improvement with them begins withthe political will of the party countries and multiple cross-border cooperation projects at thelevel of border communities, between the citizens of these communities, either belonging to anethnic group or not. Russia's endeavours to maintain its infiuence both in Moldova and Ukrainedelay the accession process of these countries to the EU. The cross-border cooperation effects onthe EU Eastern border transform the cooperation field between border regions in strategicdimensions ofthe ENPI not only for 2007-2013, but also for a longer-term period, taking intoaccount the geopolitical and geo-economic factors. Although, the results obtained within theNeighbourhood Programmes for 2004-2006 were modest, without a major cross-border impact,they will build the foundation for a more fruitful cooperation within the EuropeanNeighbourhood and Partnership Instrument (ENPI) for 2007-2013 at the level of bilateral andmultilateral relations. Relatively insufficient funds available for these programm es did not allowthe establishment and the implementation of big projects in the field of infrastructure. However,even if only partially, they succeeded in establishing cooperative relationships between theterritorial-administrative units and the organizations in the border regions.

BIBLIOGRAPHY:Czimre, Klara (2007), "Cross-border co-operation in Europe: scientific research". In: Eurolimes,vol. 4, Oradea University Press, pp.78-89.Communication from the Commission: Paving the way for a New Neighborhood Instrument,COM(2003) 393 final, Brussels, 1 July 2003, available at:http://ec.europa.eu/world/enp/pdfycom03_393_en.pdf


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48Communication from the Commission to the Council and tbe European Parliament. Report onthe first year of im plementation of the Black S ea Synergy. COM(2008) 391 final,Brussels.19.6.2008, available at:http://ec.europa.eu/extemal_relations/blacksea/index_en.htmCommunication from tbe Commission to the European Parliament, the Council, the European

Economic and Social Com mittee and the Com mittee of the Regions, Examining the creationof a European Border Surveillance System (EURO SUR), COM(2008) 68 final, Bruxelles,13.02.2008.Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on theEuropean Regional Development Fund, the European Social Fund and the Cohesion Fund,O JL 210, 31.7.2006.Dandij, Nicolae (2008), Perspectives of cross border co operation of the Republic of Moldovawithin the framew orks of the ENPI (2007-2013), In: EuroEconomica, issue 1(20), p. 17-32.Dictionnaire de la terminologie du droit international (1960), Paris: Libraire du Recueil Sirey.Delcour, Laure. La politique de voisinage et les relations russo-europennes: partenariatstratgique ou lutte d'influence? 30.03.2006, p.8. in Revue en ligne Etudes Europennes",available at: www.etudes-europeennes.frEmerson, Michael. The EU's New Black Sea Policy (2008) In: Hamilton, Daniel and Mangott,Gerhard (eds.). The Wider Black Sea Region in the 21st Century: Strategic, Econom ic andEnergy /'er.spec/ive^.-Wasbington, D.C.: Center for Transatlantic Relations.ENPI, Cross-Border C ooperation, Strategy Paper 2007-2013, Indicative Programme 2007-2010,available at: http://ec.europa.eu/world/enp/pd'country/enpi_cross-border_cooperation_strategy_paper_en.pdfENPI Cross-Border Cooperation, Strategy Paper (2007-2013) and Indicative Programme (2007-2010), available at: bttp://ec.europa.eu/world/enp/pd'country/enpi_cross-border_cooperation_strategy_paper_en.pdfENPI Eastem Regional Programme, Strategy paper (2007 - 2013), available at:http://ec.europa.eu/world/enp/pdf/country/enpi_eastem_rsp_en.pdf;ENPI Eastem Regional Indicative Programme (2007 - 2010), available at:http://ec.europa.eu/world/enp/pdfcountry/enpi_eastem_rip_en.pdfEuropean Commission (2005), Neighbourhood programmes 2004-2006 Electronic Newsletter,Issue 3, July 2005, available at: http://ww w.cadses.net/media/files/np_newsletter3_07-05.pdfEuropean Commission, Wider Europe Neighbourhood: A New Framework for Relations withour Eastern and Southern Neighbours", COM (2003) 104 final, Brussels, , available at:bttp://ec.europa.eu/world/enp/pdf com03_104_en.pdfHenrikson, K. Alan. Facing across Borders: The Diplomacy of Bon Voisinage. In: InternationalPolitical Science Review, V ol.2 ], No.2, April 2000, pp. 121 -147.Jileva, Elena. Visa and free movement of labour: the uneven imposition of the EU acquis on theaccession states. In: Joumal of Ethnic and Migration Studies, Vol.28, No.4, October 2002,pp.686-700.Phare CBC Regulation (EC) No 2760, Official Joumal of the European Union L 375,23.12.1998.Regulation (EC) No 1822, Official Joumal of the European Union L 267, 17.10.2003.Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October2006 laying down general provisions establishing a European Neighbourhood andPartnership Instrument, Official Joumal of the European Union L 310/1, 9.11.2006,available at: http://ec.europa.eu/world/enp/pdfoj_1310_en.pdf


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