9. Calls on the Council and Commission to clarify the press reports concerning an agreement of 2003
between the European Union and the United States giving the US access to ‘special ’transit facilities;
10. Calls on all the governments concerned to make every effort to investigate the allegations made so
far and to provide all necessary information to the Commission and the Council of Europe;
11. Believes that in parallel with, and learning from, the inquiry led by the PACE rapporteur Dick Marty,
Parliament must conduct its own parliamentary inquiry, which should, at the very least, be conductedthrough a Temporary Committee set up under Article 175 of its Rules of Procedure and draw on the exper-tise of its network of fundamental rights experts, with a view to examining, inter alia:
(a) whether the CIA has been involved in ‘extraordinary rendition ’of‘ghost detainees ’detained incom-
municado without any legal rights or access to counsel, subjected to cruel treatment or torture, andtransported within the territory of the European Union, including through flights and detention atsecret sites;
(b) whether such a practice could be considered legal in the territory of the European Union according to
Article 6 of the Treaty on European Union, Articles 2, 3, 5 and 6 of the European Convention onHuman Rights, and the EU-US agreements on extradition and on mutual legal assistance;
(c) whether EU citizens or legal residents were among those involved in ‘extraordinary rendition ’oper-
ations, illegal detention or torture in the framework of alleged covert CIA operations in the territoryof the EU;
(d) whether Member States, public officials or persons acting in an official capacity were involved or com-
plicit in the acknowledged or unacknowledged illegal deprivation of liberty of individuals, includingrendition, transfer, detention or torture, whether by action or omission;
12. Is committed to opening the procedure under Article 7 of the Treaty on the European Union if
investigations confirm the allegations that any Member State has given assistance, whether by act or omis-sion, to agents acting on behalf of other governments in conducting such practices;
13. Calls on the European Council to discuss these issues at its meeting of 16 to 17 December 2005 and
demands that the current UK Presidency and future Austrian Presidency, together with Parliament's Presi-dent, Josep Borrell, urgently establish the necessary contacts with US Secretary of State Condoleezza Rice,the US Congress, national parliaments and the Council of Europe;
14. Instructs its President to forward this resolution to the Council, the Commission, the governments
and parliaments of the Member States and of the accession and candidate countries, the Council of Europeand both houses of the US Congress.
P6_TA(2005)0530
Bulgaria
European Parliament resolution on the state of preparedness for EU membership of Bulgaria
(2005/2204(INI))
The European Parliament ,
— having regard to the Treaty of Accession of the Republic of Bulgaria and Romania to the European
Union, signed on 25 April 2005,
— having regard to its relevant resolutions and reports since the beginning of the accession negotiations,
— having regard to the Presidency Conclusions of the Brussels European Council of 16-17 December
2004,23.11.2006 EN C 286 E/511 Official Journal of the European Union
Thursday 15 December 2005
— having regard to the Commission's 2005 Comprehensive Monitoring Report for Bulgaria (COM(2005)
0534),
— having regard to the letter of EU Commissioner Olli Rehn to the Bulgarian Government of 7 November
2005,
— having regard to Rule 45 of its Rules of Procedure,
— having regard to the report of the Committee on Foreign Affairs (A6-0342/2005),
A. whereas, following the closure of accession negotiations on 14 December 2004, Bulgaria signed the
Accession Treaty on 25 April 2005 and ratified it on 11 May 2005,
B. whereas Bulgaria remains on course to assume the obligations for membership in time to meet our
common objective of her accession to the EU on 1 January 2007, by which time she must have fulfilledthe conditions laid down in the Treaty of Accession,
C. whereas, as Parliament has repeatedly emphasised, the accession of Bulgaria should depend exclusively
on its own merits and should not be linked to the candidacy of any other country or indeed bedisadvantaged by unrelated concerns about the course of future EU enlargement; whereas it is never-theless to be hoped that the accession of Romania and Bulgaria will be able to take place at the sametime,
1. Welcomes the ratification of Bulgaria's Treaty of Accession by many Member States and urges the
speedy completion of the ratification process by the remainder;
2. Congratulates successive Bulgarian governments on their steady commitment and progress towards EU
accession, and welcomes the elements of continuity in government and the National Assembly's determinedprioritisation of accession requirements following the Bulgarian general election in June 2005;
3. Welcomes the generally positive but in parts critical assessment of Bulgaria's progress towards acces-
sion in the Commission's 2005 Monitoring Report and urges the Bulgarian Government and authorities toshow increased and visible determination concerning those areas highlighted as needing ‘increased efforts ’
and, before April 2006 (when a further Monitoring Report will be prepared), to demonstrate in a concretemanner that it has taken effective action to remedy areas identified as being of ‘serious concern ’;
4. Notes that Bulgaria is as close, or in many cases closer, to fulfilling accession criteria fourteen months
before accession as any of the new Member States were at the same stage in the accession process of thefifth enlargement;
5. Recognises that the prospect of timely accession is a major incentive to increased effort and acceler-
ation of the pace of reform; urges the Bulgarian authorities to deliver tangible results, thereby ensuring thatthe target date for accession of 1 January 2007 is achievable; at the same time notes that the changes underway are beneficial in themselves, not merely as a prerequisite of EU accession, and that the process ofmodernisation and reform must continue for many years after accession and this should be reflected inthe conditions for cohesion funding;
6. Welcomes the arrival of 18 Bulgarian Parliamentary Observers to the European Parliament and looks
forward to continuing the fruitful cooperation between Parliament, the Commission and the Council indecisions relating to Bulgaria's progress towards EU membership;
7. Recalls the exchange of letters between the President of the European Parliament and the President of
the Commission on the full association of Parliament with any consideration of activation of one of thesafeguard clauses in the Treaty of Accession; notes that Parliament will take a position on these issues, andespecially the timing of accession, in the light of the state of implementation of the necessary reforms, inparticular the requirements of membership regarding the judiciary system and the fight against corruption,and on the basis of the Commission's detailed assessment of the situation next spring; therefore expects theCommission and Bulgaria to work closely with Parliament in this regard;C 286 E/512 EN 23.11.2006 Official Journal of the European Union
Thursday 15 December 2005
8. Recognises Bulgaria's significant contribution to the stability of the wider south-east European region
and her continuing role in the promotion of regional security and prosperity;
Political criteria
9. Notes that Bulgaria continues to fulfil the political criteria, and urges Bulgaria to channel maximum
political, financial and administrative energy into practical implementation of legislation and strategies, in
order to deliver tangible results; reminds the Bulgarian government of the need to step up its efforts todevelop sufficient administrative and judicial capacity to implement and enforce the acquis, with particularreference to the Anti-Corruption Strategy and the urgently needed continued reform of the judiciary;
10. Strongly endorses the view that the rule of law is vital to the establishment of public trust and
confidence and also provides the foundation for economic progress and therefore greater prosperity;
11. Recognises that, due to the progress that has been made in combating certain categories of serious
crime such as drugs trafficking, people trafficking and currency counterfeiting, crime rates in Bulgaria havebeen lowered to the level of many Member States, and encourages Bulgaria to continue its efforts;
12. At the same time expresses concern at the brazen nature of Bulgarian organised criminal elements,
their contempt for the law and challenge to the authority of the State, and their involvement with apparentimpunity in a series of high-profile murders in recent years; notes with concern the small proportion ofserious criminal cases that result in penal convictions;
13. Regrets that, while ranking better than one Member State and the other three EU candidates in the
international ‘Corruption Perceptions ’ranking, Bulgaria nevertheless does not score well and that, to date,
there have been few successful convictions of high-level officials for corruption;
14. Encourages high-level officials, as a sign of their commitment, to distance themselves publicly from
all kinds of corruption; strongly encourages high-level officials to support regulations requiring disclosure oftheir personal assets and income-tax declarations;
15. Welcomes the initiatives taken for improved coordination of the work of the various Ministries and
operational agencies engaged in the fight against organised crime and corruption and the planned improve-ments in the organisation and management of the police and security services; applauds the adoption of arange of new measures, notably the Criminal Procedure Code, and urges their speedy and effective imple-mentation; reiterates, however, the strategic importance of further reform of the judiciary as the prerequisitefor all other modernising initiatives; furthermore recognises that several Member States have provided excel-lent specialised assistance, and requests that those Member States with special expertise in combating orga-
nised crime should offer urgent additional support; notes that satisfactory results will only be achieved if
efforts are enhanced not only at national but also at local levels;
16. Calls therefore for additional steps including: amendment of Bulgaria's Constitution to provide clearer
division of responsibilities and greater effectiveness in the prosecution and investigation of crime; greatercontrol and accountability of the Chief Prosecutor and his deputies; improved measures to facilitate investi-gation of corruption in the judiciary, especially by insisting on increased cooperation within and betweenthe respective bodies; an improved appointments system for judges; improved salaries, resources and oppor-tunities for ‘fast track ’promotion for the police; and serious attention to the seizure of assets of those
involved in organised crime;
17. Notes Bulgaria's strategic location at an EU external border and recommends further concerted efforts
to improve all aspects of border control, including measures relevant to the fight against organised crime,people trafficking and drugs trafficking as well as to public health, such as animal disease control; urges theBulgarian authorities to ensure the availability of sufficient human resources to guarantee implementation ofthe border control acquis; and calls also for neighbouring countries, especially in the western Balkans, tostep up their activities;23.11.2006 EN C 286 E/513 Official Journal of the European Union
Thursday 15 December 2005
18. Calls for more resources to be directed to improvement of orphanages and schools for disadvantaged
children and those with special needs, including disabled persons, and to more rapid and effective imple-mentation of the deinstitutionalisation plan, given that Bulgaria has a relatively high percentage of childrenin care; requests the Commission to undertake research and monitoring on the status of disabled personsliving in residential institutions; wishes to encourage changes in the law and practice of adoption to reducefurther the number of Bulgarian children adopted internationally and to promote national adoption, includ-ing establishment of a unified national register for potential adopters, as well as encouraging foster care inline with international best practice; calls for continued reform of psychiatric care; urges also the establish-ment of a juvenile court system backed by appropriate structures and accommodation;
19. Notes that practical measures have been taken by Bulgaria to improve the integration of Roma into
mainstream society but highlights the fact that key reforms in combating discrimination in education, hous-ing and healthcare remain to be achieved; calls for greater attention to be paid to the ‘Action Plan for the
Implementation of the Framework Programme for Equal Integration of Roma into Bulgarian Society 2005-2006 ’; notes that many Roma people still face discrimination and that Roma women are especially vulner-
able to trafficking and prostitution; insists that efforts to ensure access to quality education and to overcomesegregation must be reinforced and properly resourced, and that progress will be judged by reference tovisible improvements; emphasises, however, that any integration policies must be implemented with the fullinvolvement and cooperation of the Roma communities;
20. Calls for action to be taken to effectively implement the Strategy for Decentralisation so that local
administrative structures are considerably strengthened and have the necessary capacity to play a full andactive role in Bulgaria's reforms;
Economic criteria
21. Commends Bulgaria on taking action, as called for in Parliament's most recent resolution on Bulgaria,
to further consolidate her economic performance via substantial structural reforms and sound fiscal policies,and encourages further specific efforts to reduce the current account deficit; stresses that a strong focus oneconomic progress is essential in order to master the challenges and opportunities of EU membership;
22. Welcomes the Commission's verdict on the positive effects of the privatisation programme in Bul-
garia; notes that the share of the private sector reached 67 % of GDP in the first half of 2005, an increase of2.2 % from the same period in 2004; calls for greater transparency in the processes of public procurement,tendering and contracting;
23. Welcomes the notable progress in the creation of a business environment conducive to investment
and growth, and the targeting of private sector, state and European funding to develop effective and equi-
table legal, administrative and regulatory structures for economic activity; continues to emphasise the rel-evance of a reliable judiciary and public administration for a healthy business climate and a strong decen-tralised infrastructure, particularly for the benefit of SMEs;
24. Recommends measures to bring greater flexibility to the labour market, to encourage innovation, to
increase mobility of the workforce and to improve education and training programmes; at the same timewishes to see steps taken to assess the true level and nature of unemployment, given manpower shortages insome sectors;
25. Reminds Bulgaria that it needs to make increased efforts in all areas of the internal market, as
pointed out in the latest Comprehensive Monitoring Report on Bulgaria, so as to guarantee its effectivefunctioning;C 286 E/514 EN 23.11.2006 Official Journal of the European Union
Thursday 15 December 2005
Acquis communautaire
26. Welcomes progress made by Bulgaria in the agricultural sector but urges immediate action to ensure
that control and paying agencies are in place to address concerns over outstanding legislative commitmentsin this field; stresses the need for a strong focus on improvements in land use and on resolving issues of
land ownership; encourages Bulgaria to take advantage of the enormous potential for efficient organic far-
ming;
27. Calls on Bulgaria to ensure that the highest standards of animal welfare are respected in all legislative
and practical measures, for example in the transportation and slaughter of animals; in particular, calls forvigorous action to enhance Bulgaria's capacity to meet challenges in relation to animal health, veterinaryservices and phytosanitary controls, most especially where there is an associated risk to public health, as inthe case of avian flu, or to the safety of food supplies;
28. Stresses that the management and control of pre-accession assistance must be substantially enhanced
in order to prepare Bulgaria for more efficient use of EU Structural Funds; considers, in particular, thatefforts to accredit the Phare- and ISPA-related Extended Decentralised Implementation System must beaccelerated and that, at the same time, the Commission should target further assistance towards thoseareas of greatest need;
29. Stresses the importance of ensuring energy supplies at a level which will meet future requirements;
underlines the importance of new generating capacity in respect of renewable sources of energy as well as ofenergy conservation efforts, and of the Kyoto Protocol targets; calls once again on the Council and theCommission to ensure that Bulgaria fulfils its commitments regarding the closure date for Units 3 and 4of the Kozloduy Power Plant under the Accession Treaty; however, expresses its hope that Bulgaria will meetthe obligations assumed for the closure of Units 3 and 4 of the plant, and stresses that Bulgaria should beassisted in filling the energy gap that will be created by that closure;
30. Calls for effective measures to prevent pollution, illegal logging of woods and the demand for illegal
timber on the part of the trading industry;
31. Reminds Bulgaria that urgent attention is needed to improve the implementation and enforcement of
the protection of intellectual and industrial property;
32. Reiterates its support for the Bulgarian nurses held in custody since 1999 in Libya and currently
under sentence of death; expresses its dismay at the further delay in the appeal process by the LibyanSupreme Court; calls upon the Libyan authorities at the highest level to respond to the widespread inter-national appeals for early and satisfactory resolution of this appalling situation;
33. Urges those Member States which have not yet ratified the Treaty of Accession of Bulgaria to the
European Union to do so as soon as possible;
*
**
34. Instructs its President to forward this resolution to the Council, the Commission and the govern-
ments and parliaments of the Member States and the Government and National Assembly of the Republic
of Bulgaria.23.11.2006 EN C 286 E/515 Official Journal of the European Union
Thursday 15 December 2005