PURPOSE: To accept an application from Bulgaria and Romania to apply to the EU.

PROPOSED ACT: Decision of the Council of the European Union on the admission of the Republic of Bulgaria and Romania to the EU.

CONTENT: The Council of the European Union has decided to accept the applications for admission by Bulgaria and Romania. The conditions of admission and the adjustments to the Treaties on which the EU is founded, entailed by such admission, will be the subject of an agreement between the Member States, the Republic of Bulgaria and Romania.

The European Parliament adopted a resolution by 497 in favour, 93 against and 71 abstentions giving its assent to the application by Romania to become a member of the European Union.

The rapporteur was Pierre MOSCOVICI (PES, FR). Earlier, Parliament had already exacted the right to push for postponement of accession by a year should either country fail to take the necessary measures still outstanding before they can become member. This was especially important to Parliament, as the actual entry of both countries is scheduled to be in 20 months' time.

Formally, Parliament has no longer a role to play in the run-up to the accession of the two countries now that it has given its assent. However, Members want to be able to continue to influence the course of events in both countries until the actual accessions take place, scheduled for 2007. Therefore, they want to be involved in a new mechanism which has been introduced in the Accession Treaty for Bulgaria and Romania and by which the Council may decide on a proposal from the Commission to postpone accession if the two countries fail to take measures required in time. And before the vote, Parliament did indeed get an assurance in writing from the Commission that it would "fully associate (it) to any possible decision to postpone accession", which was confirmed by the Council.

Parliament stressed that it should be fully involved in the follow-up to Romania's accession process and in decision-making should the safeguard clauses contained in the accession treaty be activated. (Please see INI/2005/2028 ).

The European Parliament adopted a resolution by 497 in favour, 93 against and 71 abstentions giving its assent to the application by Romania to become a member of the European Union.

The rapporteur was Pierre MOSCOVICI (PES, FR). Earlier, Parliament had already exacted the right to push for postponement of accession by a year should either country fail to take the necessary measures still outstanding before they can become member. This was especially important to Parliament, as the actual entry of both countries is scheduled to be in 20 months' time.

Formally, Parliament has no longer a role to play in the run-up to the accession of the two countries now that it has given its assent. However, Members want to be able to continue to influence the course of events in both countries until the actual accessions take place, scheduled for 2007. Therefore, they want to be involved in a new mechanism which has been introduced in the Accession Treaty for Bulgaria and Romania and by which the Council may decide on a proposal from the Commission to postpone accession if the two countries fail to take measures required in time. And before the vote, Parliament did indeed get an assurance in writing from the Commission that it would "fully associate (it) to any possible decision to postpone accession", which was confirmed by the Council.

Parliament stressed that it should be fully involved in the follow-up to Romania's accession process and in decision-making should the safeguard clauses contained in the accession treaty be activated. (Please see INI/2005/2028 ).

This documents consists of the draft Treaty of Accession of Bulgaria and Romania to the European Union as was approved by the delegations following the accession negotiations.

This documents consists of the draft Treaty of Accession of Bulgaria and Romania to the European Union as was approved by the delegations following the accession negotiations.

The committee adopted the report by Pierre MOSCOVICI (PES, FR) recommending that Parliament give its assent to Romania 's application to join the European Union. The report stressed that Parliament should be fully involved in the follow-up to Romania 's accession process and in decision-making should the safeguard clauses contained in the accession treaty be activated.

Supporting its favourable opinion on Romania’s accession to the EU, the Commission has presented this report. Its purpose is to provide a comprehensive guide to the draft Accession Treaty.

This report covers all negotiating chapters, and provides a summary of the issues covered in the draft Accession Treaty for each of them. It is for information purposes only. The authentic text of the agreement reached in the accession negotiations on the conditions of admission and the adjustments of the treaties on which the Union is founded are laid down in the draft Accession Treaty itself.

PURPOSE: To offer a Commission Opinion on the application for accession to the European Union by the Republic of Bulgaria and Romania.

CONTENT: In this Opinion, the Commission points out that it has already made its views known on certain essential aspects relating to the application of both countries in July 1997. Since then, the conditions and arrangements for admission of both States have been negotiated in Conferences between the Member States and the Republic of Bulgaria and Romania. Further, in its 2004 Strategy Paper on progress in the enlargement process, the Commission notes that both countries now fulfil the necessary political criteria to be eligible for accession. Based on current commitments, the Commission also takes the view that both Romania and Bulgaria will be in a position to fulfil the economic acquis in order to be ready for membership by 1 January 2007. On this basis, the Commission stated that it would make every effort to meet the European Council’s objective to bring negotiations with Bulgaria and Romania to a close in the course of 2004, with a view to signing the Treaty of Accession as early as 2005.

In joining the European Union, both Bulgaria and Romania accept, without reserve, the Treaty establishing a Constitution for Europe and the Treaty on European Union (once it has been agreed) and the Treaties establishing the European Communities. – including all their objectives and decisions. They accept as an essential feature the legal order introduced by the Treaties and that certain provisions and acts adopted by the institutions are directly applicable, that the laws of the EU takes precedence over any national provision which might conflict with it and that procedures exist for ensuring the uniform interpretation of the law of the Union. As such the Commission calls on Bulgaria and Romania to pursue vigorously the improvements still needed in both a political and economic context and in relation to the adoption, implementation and enforcement of the EU’s acquis .

The Commission notes that it reserves the right to present a proposal recommending a postponement of accession by one year should there be clear evidence that the state of preparation is such that there is a real risk both States could be manifestly unprepared to meet the requirements of membership by 1 January 2007. It calls, in particular, on Romania to improve in of Jus track record in the fields of Justice and Home Affairs and Competition. As a result of this monitoring, the Commission also reserves the right to invoke the various safeguard clauses foreseen in the Accession Treaty for both countries, as well as, the specific mechanisms on State aid set out in the Accession Treaty for Romania in case this country does not fulfil its commitments related to its enforcement record in this field.

In other areas, the Commission:

- Calls on the Bulgarian and Romanian authorities to complete the translation and revision of the acquis before the date of accession in order to ensure legal certainty in the implementation of legislation.

- Reminds both countries that one of the EU’s objectives is to deepen solidarity between its people while respecting their history, their culture and their traditions.

- Repeats that EU enlargement through the accession of Bulgaria and Romania will help to strengthen safeguards for peace and freedom in Europe.

Based on the arguments and points outlined above, the Commission concludes its Opinion by stating that it is delivering a favourable opinion on the accession to the European Union of the Republic of Bulgaria and Romania.