Doors open for Bulgaria and Romania

The European Commission has recommended that Bulgaria and Romania should be allowed to join the EU on 1 January 2007 but said the pair should be under tough monitoring conditions in the first years after accession. The Commission’s recommendation, publis-hed on 26 September, is to be approved by EU government leaders in October at Lahti, Finland.

The Commission said that the two countries were ready to fulfil the obligations of EU membership on 1 January but set a number of benchmarks that they would need to meet to avoid being deprived of some rights, including financial aid.

The tough monitoring conditions reflect concern about the two countries’ shortcomings in tackling corruption and organised crime and in setting up adequate structures to control the use of EU financial aid.

They also aim at reassuring a sceptical public and some government leaders that allowing Romania and Bulgaria to join will not deprive the Union of the means to exert pressure to continue reforms. The Commission believes that the pair can still be pushed into fighting against corruption, organised crime or money-laundering, when they are full EU members.

Romania and Bulgaria will have to report every six months on the progress they make on problematic areas identified by the Commission. These mainly refer to the system of justice, food safety and the use of EU money. The first report is expected by 31 March 2007.

If they fail to meet the standards set in the report, the Commission will apply sanctions, in accordance with ‘safeguard clauses’ included in the accession treaty.

The main area of concern is justice, where the Commission lists six benchmarks for Bulgaria and four for Romania. These mainly refer to the transparency and efficiency of the judicial process and to the fight against corruption (see below). Failure to meet these objectives would mean that other EU member states would refuse to recognise judgements of Romanian and Bulgarian courts or warrants issued by the two countries’ prosecutors.

Bulgaria - benchmarks for justice:

• Adopt constitutional amendments removing any ambiguity as to the independence and accountability of the judicial system.

• Ensure a more transparent and efficient judicial process by adopting and implementing a new judicial system law and the new civil procedure code.

• Continue the reform of the judiciary and law enforcement bodies in order to enhance professionalism, accountability and efficiency.

• Conduct and report on professional, non-partisan investigations into allegations of high-level corruption.

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

• Implement a strategy to fight organised crime.

Romania - benchmarks for justice:

• Ensure a more transparent and efficient judicial process, notably by enhancing the capacity of the Superior Council of Magistracy.

• Establish, as foreseen, an integrity agency with responsibility for verifying assets and potential conflicts of interest.

• Continue to conduct professional, non-partisan investigations into allegations of high-level corruption.

• Take further measures to prevent and fight against corruption, in particular in local government.

Other conditions

• Both states will have to complete setting up bodies to allocate farm subsidies and regional aid. If their mechanisms for disbursing and controlling the use of EU funds are not adequate, the Commission will cut up to 25% of their farm subsidies and regional aid.

• In the farm sector, the EU will continue to ban pork produced in Romania and Bulgaria if they do not take measures to control swine fever by 1 January.

• The description of the measures accompanying the two countries’ accession was important politically both for public opinion in the current EU member states and in Bulgaria and Romania. The Commission opted for a milder formula of "co-operation and verification mechanism" to describe the monitoring mechanism on justice, instead of a previous version of "assistance and verification". The expression "monitoring" was considered by the two newcomers to have too negative a connotation.

• As well as requiring the approval of the European summit in October, before the two countries to join the EU, four member states (Belgium, Denmark, France and Germany) have yet to ratify the accession treaties. Twenty-one member states and the European Parliament have already ratified them.

The European Commission has recommended that Bulgaria and Romania should be allowed to join the EU on 1 January 2007 but said the pair should be under tough monitoring conditions in the first years after accession. The Commission’s recommendation, publis-hed on 26 September, is to be approved by EU government leaders in October at Lahti, Finland.