These are edited extracts from the September 26 final report by the European Commission on Bulgaria’s readiness to join the European Union.
In 2002, the European Council announced its objective was to welcome Bulgaria and Romania into European Union in 2007, provided they made sufficient progress in fulfilling the membership criteria. Accession negotiations were completed in December 2004. The Accession Treaty was signed in April 2005. To date, the Treaty has been ratified by Bulgaria, Romania and 21 Member States. Ratification is underway in the remaining four Member States. The Treaty states that Bulgaria and Romania will accede on January 1 2007 unless the Council decides, upon a recommendation from the Commission, to postpone the accession of either country until January 1 2008.

In its report of May 2006, the Commission stated that both countries should be prepared for membership by January 1 2007, provided that they addressed a number of outstanding issues. The Commission indicated that it would report again on the state of preparedness of both countries by early October.

This report outlines the Commission’s assessment of both countries’ progress since May 2006. It confirms that Bulgaria and Romania have made further progress to complete their preparations for membership, demonstrating their capacity to apply EU principles and legislation from January 1 2007. They have reached a high degree of alignment. However, the Commission also identifies a number of areas of continuing concern, and also areas where the Commission will initiate appropriate measures to ensure the proper functioning of the EU, unless the countries take immediate corrective action. Both countries are strongly encouraged to make proper use of the months before accession, in order to address the remaining issues.

Some progress has been made in the reform of the justice system (in Bulgaria). Rules have been introduced establishing objective procedures for the appointment and evaluation of magistrates. Pre-trial proceedings have been improved by the introduction of a fast-track procedure. Further reform of the Supreme Judicial Council is necessary, in particular as regards its accountability and capacity to effectively manage the judiciary, in order to ensure the transparency and efficiency of judicial processes. Difficulties in the implementation of penal procedures persist. The civil procedural code and the judicial system act have not yet been adopted. Amendments to the Constitution need to be adopted.

The legislative framework for the fight against corruption has been improved with the adoption of amendments to the laws on political parties and on publicity of property owned by high level officials. All ministers have published their asset declarations on the internet. However, there have been few concrete examples of investigations or prosecution or charges of high level corruption. Corruption remains a problem. The public administration, including tax collecting agencies at the border and local government remain particularly vulnerable.

In the area of money laundering, Bulgarian legislation is now largely in line with the acquis. However, implementation of legislation is limited to date and so far no successful prosecutions for money laundering can be reported.

The number of cases prosecuted successfully related to organised crime is still low. Reliable crime statistics are yet to be established. Law enforcement increased and successful actions have been registered against criminal networks, in some cases in cooperation with EU Member States. However, there is still insufficient co-operation between the bodies involved in the fight against organised crime. There is no systematic confiscation of assets of criminals.

Good progress has been made lately with regard to the setting-up of the Integrated Administration and Control System (IACS). However, a tight timetable is foreseen for completing the Land Parcel Identification System/Geographical Information System (LPIS/GIS) and, as a result, the necessary quality of the work to be carried out risks not to be achieved. Moreover, there are delays in the establishment of the link between the Farmers’ register and the LPIS/GIS. There remains a real risk that the IACS will not be functioning properly in Bulgaria by the time of accession. Sustained, and in certain areas reinforced efforts will need to be deployed in order to ensure the operability of the IACS.

Bulgaria has made substantial progress with regard to the collection and treatment of dead animals and animal by-products in the context of transmissible spongiform encephalopathies (TSE).The necessary measures have been adopted. However, Bulgaria needs to guarantee their effective implementation.

In the area of financial control, progress has been made with regard to the Extended Decentralised Implementation System (EDIS) accreditation process for some of the structures concerned although efforts at capacity building for implementing the Structural Funds in particular need to be reinforced. However, no accreditation has taken place yet.

The abovementioned areas were explicitly mentioned in the conclusion of the May report as needing further progress. The monitoring findings for the other issues which were still outstanding in May 2006 are as follows.

As regards the other  acquis areas, significant progress has been made in several parts of the chapters agriculture, fisheries, consumer and health protection and social policy and employment. This leads to a situation where Bulgaria’s preparations are now on track in most areas of the acquis.

However, further progress is still needed in a number of other areas, such as social inclusion, social dialogue, anti-discrimination and public health, motor vehicle insurance, nuclear energy and safety, environment, financial management and control of future structural funds, as well as animal diseases.

Bulgaria has made further progress with macroeconomic stabilisation and economic reform. Its current reform path should enable it to cope with competitive pressure and market forces within the Union.

Overall, there has been some progress in the following areas: trafficking in human beings, child protection, and the protection and integration of minorities. Limited progress has been made in the area of detention conditions, treatment of people with disabilities and the mental healthcare and broadcasting. Further action is needed. In addition, Bulgaria needs to ensure the sustainability of public administration reform.

Based on the findings of this report, the Commission will take remedial measures, where necessary, to ensure the functioning of EU policies. This concerns cases in the areas of food safety, air safety, EU agricultural funds and the judiciary and fight against corruption, as described below. In case other shortcomings are identified before or after accession, appropriate measures will equally be taken to ensure the proper functioning of EU policies.

Judiciary and the fight against corruption
The report shows that further progress is still necessary in the area of judicial reform and the fight against organised crime and corruption. The Commission will establish a mechanism to co-operate and verify progress in these areas after accession. This will be based on Articles 37 and 38 of the Act of Accession.

Both Bulgaria and Romania shall report regularly on progress in addressing specific benchmarks. The first report should be submitted by March 31 2007. The Commission will provide internal and external expertise to cooperate and provide guidance in the reform process and to verify progress. The Commission will then report to the European Parliament and the Council by June on the progress made in addressing the benchmarks. The Commission’s reports will assess whether the benchmarks have been met, need to be adjusted and may request further reports on progress if necessary. The mechanism will continue until the benchmarks have been met.

Should either country fail to address the benchmarks adequately, the Commission will apply the safeguard measures of the Accession Treaty. They lead to the suspension of the current Member States’ obligation to recognise those judgements and execute warrants issued by either country’s courts or prosecutors falling under the principle of mutual recognition.

Based on the findings of this report, the benchmarks to be addressed are as follows:

Bulgaria:
Adopt constitutional amendments removing any ambiguity regarding the independence and accountability of the judicial system.

Ensure a more transparent and efficient judicial process by adopting and implementing a new judicial system act and the new civil procedure code. Report on the impact of these new laws and of the penal and administrative procedure codes, notably on the pre-trial phase.

Continue the reform of the judiciary in order to enhance professionalism, accountability and efficiency. Evaluate the impact of this reform and publish the results annually.

Conduct and report on professional, non-partisan investigations into allegations of high-level corruption. Report on internal inspections of public institutions and on the publication of assets of high-level officials.

Take further measures to prevent and fight corruption, in particular at the borders and within local government.

Implement a strategy to fight organised crime, focussing on serious crime, money laundering as well as on the systematic confiscation of assets of criminals. Report on new and ongoing investigations, indictments and convictions in these areas.

The Commission will adopt a Decision implementing and defining the modalities of this mechanism after consulting the Member States. It will enter into force on 1 January 2007. This list of benchmarks will be amended in case either country complies with one or more of the benchmarks before accession.
Conclusion

Bulgaria and Romania applied for membership of the European Union in 1995 and accession negotiations with both countries were opened in February 2000. In 2002, the European Council announced its objective was to welcome Bulgaria and Romania into European Union in 2007, provided they made sufficient progress in fulfilling the membership criteria. Accession negotiations were completed in December 2004 and the Accession Treaty was signed in April 2005.

Bulgaria and Romania have made considerable efforts to complete their preparations for EU membership since the Commission issued its last report in May. Bulgaria and Romania are sufficiently prepared to meet the political,  economic and acquis criteria by January 1 2007.

Many of the challenges set out in the May reports have now been addressed. A number of sectoral issues have been resolved. There has been some progress in the areas of judicial reform and the fight against corruption, money-laundering and organised crime, but further tangible results are needed.

This report identifies those issues which require further work. It draws attention to provisions in the acquis and the Accession Treaty which are designed to safeguard the proper functioning of EU policies and institutions following accession. In line with the findings of this report, the Commission, after consulting the Member States, will set up a mechanism for co-operation and verification of progress in the areas of judicial reform and the fight against corruption, money-laundering and organised crime. For this purpose, benchmarks have been established which refer to the particular circumstances of each country.

The Commission has adopted the necessary legal provisions to ensure the proper management of EU agricultural funds. The report underlines that the existing rules contain the necessary guarantees for the proper management of EU structural funds, and other programmes.

In the area of food safety, some specific measures are in place. At present, certain animals and animal products may not be exported from Bulgaria and Romania to the EU because of the presence of animal diseases. These restrictions will be maintained after accession, if necessary.

In the area of aviation safety, particular measures will be needed for Bulgarian aircraft and carriers.

Overall, Bulgaria and Romania have made far-reaching efforts to adapt their legislation and administration to the laws and rules of the European Union. This has largely brought them into line with prevailing standards and practices within the European Union. Sustained support from the European Union will be available for addressing the remaining issues. Sufficient guarantees exist in the acquis and the Accession Treaty to ensure the proper functioning of EU policies and institutions. As a result of the progress made, Bulgaria and Romania will be in a position to take on the rights and obligations of EU membership on January 1 2007. The Commission looks forward to welcoming Bulgaria and Romania as fully-fledged members of the European Union on this date.

The Accession Treaty consists of the Treaty between all current member states and Bulgaria and Romania, the Protocol concerning the conditions and arrangements for admission of both countries and the Act concerning the conditions of accession and the adjustment of Treaties on which the Union is founded.