European Parliament resolution on the application by the Republic of Bulgaria to become a member of the European Union (2005/2029(INI))
Date: 2005-04-13
Institutions: European Parliament
Subjects: Bulgaria, Community acquis, European integration, accession criteria, accession to the European Union

C 33 E/404

Official Journal of the European Union

EN

9.2.2006

Wednesday 13 April 2005

2.
The Commission confirms that its proposal for a financial framework (2007-2013) is based on the
assumption that Bulgaria and Romania will be Member States on 1 January 2007. The European Parliament
and the Council take note of the indicative amounts for Bulgaria and Romania, provided by the Commission
in its conclusions of 22 March 2004 on ‘the financial
in March 2004 and considered by the Council
package for the accession negotiations for Bulgaria and Romania’. The financing of the accession of Bulgaria
and Romania will be ensured without jeopardising the commitments for existing multiannual programmes
or the decisions on the next financial perspective.

The European Parliament, the Council and the Commission recall the importance of the Interinstitu-
3.
tional Agreement of 6 May 1999 in the functioning of budgetary procedures and that this can only function
if all the institutions comply fully.

ANNEX II

FINANCIAL PACKAGE PROPOSED BY THE COMMISSION ON 22 MARCH 2004
FOR BULGARIA AND ROMANIA

COMMITMENT APPROPRIATIONS

2007

2008

2009

Total

Agriculture

Structural operations

Internal Policies

Administration

Total commitment appropriations

Payment appropriations

Source: Conclusions General Affairs Council of 22.03.2004.

1141

1938

444

96

3 619

1648

1990

2 731

434

125

5 279

3 276

2 342

3 605

426

125

3 498

4 131

5 473

8 273

1 304

346

15 396

9 056

P6_TA(2005)0117

Bulgaria's application to become a member of the Union

European Parliament resolution on the application by the Republic of Bulgaria to become a member
of the European Union (2005/2029(INI))

The European Parliament,

— having regard to the application for accession to the European Union submitted by the Republic of

Bulgaria on 14 December 1995,

— having regard to the Commission's opinion of 1997 on the Republic of Bulgaria's application to

become a member of the European Union,

— having regard to the Commission's Regular Reports on the Republic of Bulgaria's progress towards
accession covering the years from 1998 to 2004 and its Strategy Paper on progress in the enlargement
process (COM(2004)0657 — C6-0150/2004),

— having regard to the Presidency Conclusions of the Brussels European Council of 16-17 December

2004,

— having regard to all its resolutions and reports since the beginning of the accession negotiations to date,

— having regard to the Commission Opinion of 22 February 2005 on the applications for accession to

the European Union of the Republic of Bulgaria and Romania (COM(2005)0055),

9.2.2006

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Official Journal of the European Union

C 33 E/405

Wednesday 13 April 2005

— having regard to the draft treaty on accession of the Republic of Bulgaria and Romania to the European

Union,

— having regard to the exchange of letters between the President of the European Parliament and the
President of the Commission on the full association of the European Parliament with any consideration
of activation of one of the safeguard clauses in the Treaty of Accession,

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on

Agricultural and Rural Development (A6-0078/2005),

A. whereas Bulgaria applied to join the European Union on 14 December 1995, was formally recognised
as a candidate on 16 July 1997, opened negotiations on 15 February 2000 and successfully concluded
its accession negotiations on 14 December 2004,

B. whereas our common objective is that Bulgaria should satisfactorily complete its preparations with a

view to signature of the Accession Treaty on 25 April 2005 and accession on 1 January 2007,

C. whereas Bulgaria continues to fulfil the political criteria and is expected to be able to comply with all

the requirements for membership within the envisaged timeframe,

D. whereas the European Parliament has consistently advocated that the accession of Bulgaria should
depend exclusively on its own merits and should not be linked to the candidacy of any other country,

1. Welcomes the decision of the European Council of 17 December 2004 successfully to conclude
negotiations with Bulgaria, after many years of negotiation and preparation for accession, thereby ensuring
that Bulgaria is well on course to become a member of the EU on 1 January 2007;

Shares the Council's conclusion that Bulgaria will be able to assume all the obligations of membership,
2.
and to that end encourages Bulgaria to continue to make progress in a successful and timely way with all
necessary reforms in response to shortcomings identified by the Commission in its latest Regular Report
and referred to in Parliament's recent Resolutions, thereby removing any possibility that ‘safeguard clauses’
might be invoked;

3.
Notes that the excellent progress so far has been possible thanks to the steady political resolve of
successive Bulgarian governments, and the confidence and resilience of the Bulgarian people in pursuing
and accepting the necessary changes;

4. Welcomes the many legislative and constitutional changes that Bulgaria has undertaken over recent
years and emphasises the need for practical
implementation of reforms so that their benefits are more
widely felt;

Recognises Bulgaria's contribution to the stability of the wider south-east European region and the

5.
continuing role that she can play in helping to promote regional security and prosperity;

Political criteria

6.
Notes the stability of democratic institutions in Bulgaria, the fresh commitment of political parties to
effective political coalitions, and the adoption on 18 February 2005 by consensus of the amendments to the
Constitution, as well as the adoption of the new Political Parties Act in December 2004;

7.
Expects the Commission to report to Parliament at regular intervals on the progress made in imple-
menting Bulgaria's commitments, and expects Parliament's opinion to be taken into account in the event
that the safeguard clause is considered to be invoked;

Recognises that reform of the judiciary will be a key factor in Bulgaria's readiness for accession and in
8.
establishing real confidence in national institutions and processes, with significant knock-on effects in other
areas as well as on Bulgaria's relations with other countries; therefore applauds the critical steps Bulgaria has
taken, such as recently adopted legislative, administrative and organisational measures, especially the Law on
Mediation, the National Concept for Reform of Criminal Proceedings and the Joint Declaration on Coop-
eration in Reforming Criminal Justice;

C 33 E/406

Official Journal of the European Union

EN

9.2.2006

Wednesday 13 April 2005

9.
Calls for concerns about the pre-trial phase of the judicial process and the role of the Public Pros-
ecutor to be further addressed to ensure the transparent, accountable and efficient running of the investi-
gation service and the public prosecutions office, and establishment of a reliable mechanism for the dismis-
sal of corrupt or incompetent judges, prosecutors and investigators; regrets in this regard that the planned
reform of the penal judicature, which provides for the development of entirely new codes of penal pro-
cedure, is not scheduled for adoption by the current parliament due to the failure to secure a sufficient
majority; therefore urges the Bulgarian parliament to continue its promising efforts in this area;

10.
Calls for continued tangible improvement to be made in reforming the police so as to enable them to
deal effectively with organised crime, people trafficking and corruption, while recognising progress already
made by the Interior Ministry in combating high level crime, as acknowledged by Europol, and welcomes in
particular the adoption of the Law on Forfeiture of Criminal Assets in February 2005; urges the Bulgarian
authorities to enforce even more robust measures against money laundering and related abuse of financial
institutions;

Congratulates Bulgaria on hosting the launch of the ‘Decade of Roma Inclusion’ on 2 February 2005
11.
and recognises the Bulgarian commitment to the integration of Roma through adoption of comprehensive
anti-discrimination legislation; notes with satisfaction the development of a national programme aimed at
improving housing conditions in urban areas overwhelmingly inhabited by Roma and other ethnic minor-
ities, but urges more effective implementation of practical and substantive measures, in particular in regard
to tackling educational disadvantages and the high rates of unemployment within the Roma community;
notes the need for infrastructure interventions to upgrade and improve living conditions as part of an
adequately resourced regeneration strategy, and for attention to be paid to the provision of health care and
public and social services without discrimination; stresses that the successful integration of the Roma com-
munity is dependent on ensuring that Roma are given the chance to be actively involved in the design and
implementation of strategies and programmes that aim to achieve these goals;

12. Welcomes the adoption in June 2004 of a strategy on the education of school children from minor-
ity communities but notes that segregated education remains reality for many Roma children, denying them
access to quality education; calls upon the Bulgarian authorities to ensure that policy commitments to end
educational disadvantage and segregation are implemented and backed up with financial support in order to
support the linguistic and cultural identity of national minorities;

13.
Calls on the Commission significantly to improve its programmes relating to Roma, noting that,
according to the December 2004 EMS ‘Review of EU PHARE Assistance to Roma Minorities’, management
of programmes has been bedevilled by staff shortages and changes and poor administrative and absorption
capacity, unemployment issues have been largely unaddressed and insufficient resources have been allocated
to health projects and the provision of health information;

14. Welcomes the adoption of the National Strategy and Action Plan for protection of the rights of street
children and now demands its full implementation, supported by adequate financial and human resources to
bring about practical and visible improvements in child welfare and the living conditions of this most
vulnerable section of society;

Notes with regard to the situation of children in institutions that there needs to be considerably more
15.
progress in Bulgaria's de-institutionalisation plan; therefore urges Bulgaria to intensify its efforts in this area,
and reiterates its call for a single, well funded and resourced government agency to ensure that the child
welfare reforms are effectively implemented; calls for greater Commission assistance to be targeted in this
area;

16.
Calls on Bulgaria to pay special attention to the situation of persons placed by public authorities in
homes for adults with mental disorders; stresses, in this regard, the urgent need to provide appropriate care
for residents, especially as regards material and human resources;

9.2.2006

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Official Journal of the European Union

C 33 E/407

Wednesday 13 April 2005

Economic criteria

17.
Commends Bulgaria's economic performance (one of the highest GDP growth rates among EU can-
didates and Member States) which is the result of substantial structural reforms; this must be further con-
solidated to enable Bulgaria to cope with competitive pressure and market forces within the Union in the
long term;

18. Welcomes the Commission's verdict that Bulgaria has a sound financial structure and a healthy
budget that could set an example to some Member States, and calls for improvements in internal audit
and financial control systems;

19.
Continues to insist that real economic progress will be measured by tangible benefits for Bulgarian
citizens in terms of improvements in their standard of living; in this context, congratulates Bulgaria on the
reduction in unemployment levels, expresses its satisfaction that this figure is predicted to fall further in
2005, and calls on Bulgaria to introduce greater flexibility into its labour market in order to accelerate
growth in employment;

20. Welcomes the sustained contribution to the Bulgarian economy made by the strong expansion in
industrial production since mid-2002;

21. Welcomes recent new laws on investment and business activity that have streamlined procedures for
market entry and exit, while cautioning against excessive and overly complex regulations which are a barrier
to growth;

22. Welcomes the enlargement of the private sector and the considerable progress made in the liberali-
sation of key industries, especially banking, telecommunications and air transport, with the proportion of
employees in the private sector increasing from 46 % in 1999 to 64 % in 2004; in this context, therefore,
expresses disappointment at the failure of the sale of Bulgartabac subsidiaries; welcomes the Government's
plan to re-run the auction for Bulgartabac subsidiaries before its mandate ends; urges the Bulgarian Govern-
ment to maintain the momentum of privatisation and to take steps to guarantee that procedures are trans-
parent and fair;

‘Acquis communautaire’

23.
Encourages Bulgaria to continue to improve administrative capacity in areas such as public procure-
ment, competition, justice and home affairs, in order to ensure effective implementation of the ‘acquis’ and
to deliver a fair and transparent public service to citizens and economic operators;

24.
Emphasises that the capacity to ensure control over the future external border of the EU and to
prevent human trafficking and smuggling remains an issue of the utmost importance for the citizens of
European countries;

25.
Insists that Bulgaria adopt the remaining pieces of legislation, particularly in the areas of the single
market, company law, the environment and consumer protection; is concerned about the practices of illegal
logging taking place on an extensive scale in Bulgaria; deplores the fact that almost half of the total amount
of logged timber coming from Bulgaria stems from illegal harvesting operations and that the annual allow-
able cut is exceeded by 1,5 million cubic metres; therefore, emphasises the need to halt the illegal logging of
timber taking place in Bulgaria;

26. Welcomes the progress made by Bulgaria in bringing the country's agricultural policy into line with
current Community law; stresses, however, the importance of completing the preparation required for
implementation of the Community ‘acquis’, which calls not only for the creation of the necessary control
and paying agencies but also for the staffing of those agencies with appropriately trained personnel;

Is concerned that rules on animal welfare, particularly concerning animal transport and slaughter-

27.
houses, still do not meet EU standards;

Underlines the importance of sufficient numbers and adequate equipment of border control posts for

28.
veterinary or phytosanitary checks;

C 33 E/408

Official Journal of the European Union

EN

9.2.2006

Wednesday 13 April 2005

29.
Emphasises that the implementation of the new Community legislation on food hygiene is designed
solely to protect consumers and to ensure the quality of food, and should not bring about a deliberate
structural concentration in the food processing industry; encourages the Bulgarian government to make
use of the Sapard funds to diversify production and support decentralised, high quality food production;

30.
Notes the adoption of a long-envisaged Strategy for Development of Radio and Television in March
2005 and calls for further efforts to guarantee a fully independent media free from political influence and to
take action to reduce the increasing number of libel cases brought against journalists;

Is concerned about the difficulties in enforcement of intellectual property rights,

31.
in particular as
regards media piracy and infringement of copyright, which continues to affect the commercial interest and
investment of both Bulgarian and foreign copyright industries; encourages the Bulgarian Government to
develop and properly implement an effective regulatory regime to prevent these illegal practices;

32. Welcomes the recent legal provisions ending the discriminatory tariff system in the tourism sector;
encourages Bulgarian authorities to eliminate remaining forms of discrimination and restrictions against EU
citizens and economic operators, in particular regarding the right of establishment;

Congratulates Bulgaria on the steps taken to ensure a high level of nuclear safety at the Kozloduy
33.
Nuclear Power Plant; notes that the Council's Atomic Questions Group has delivered a most favourable
report on that high level of nuclear safety and notes the significant contribution by Bulgaria to energy
supply in the wider region; recognises that, in the course of accession negotiations with the EU, Bulgaria
made considerable compromises with a significant impact on the future energy situation both nationally and
in the region; expresses concern that a considerable decrease in the region's reserve generating capacities has
now been forecast for 2010-2012; emphasises therefore the importance of new capacity construction for
maintaining Bulgaria's favourable energy situation on a sustainable basis as well as guaranteeing the security
of electricity supply in the region and achieving Kyoto Protocol targets; insists that the Commission must
closely monitor developments and provide every assistance in this regard; and calls on the Council, as
signatory to the Kozloduy plant closure agreement, to be cognisant of the consequent risk of blackouts in
many countries in the region and, therefore, to be prepared to view the closure dates within that agreement
more flexibly until new generation capacity can come on stream in Bulgaria, without in any way jeopardis-
ing safety requirements, which must take absolute priority;

34.
Stresses the fact that, although SMEs in Bulgaria constitute the main vehicle for implementation of an
industrial policy conducive to sustainable growth, innovation and creation of jobs, the coordination between
the government and non-government bodies is lacking, an enterprise policy has yet to be formulated and
administrative capacity is limited;

35. Welcomes the progress made in the field of communications, yet considers that two things need
urgent action: first, the regulatory authority needs to be mandated to resolve commercial disputes and its
independence needs to be enhanced and, second, the universal service needs to be further aligned to the
‘acquis communautaire’ and must be effectively implemented;

Calls on the Commission significantly to improve the management, targeting and transparency of
36.
Community funding, noting that the Community programmes (PHARE, Sapard, ISPA and nuclear decom-
missioning) consisted of an allocation of EUR 495,7 million in 2004, EUR 399,5 million in 2005 and
EUE 432,1 million in 2006, while it is expected that the post-accession financial package will provide
some EUR 4,6 billion during the years 2007-2009;

Calls for the Bulgarian authorities to show transparency in relation to the EU financial assistance

37.
provided;

38.
Urges, with a view to the implementation of the common fisheries policy in all areas, that the auth-
orities and professionals in the sector should be helped to prepare for accession by means of the allocation
of the requisite human and financial resources, and,
in particular, through the implementation of the
measures provided for under the Sapard programme;

9.2.2006

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Official Journal of the European Union

C 33 E/409

Wednesday 13 April 2005

39.
Continues to express grave concern at the failure of the Libyan authorities to release the Bulgarian
medical workers held in custody since 1999 as suspects in a criminal case and currently under sentence of
death; calls on the Council and the Commission to remedy this situation;

Recalls that the accession of Bulgaria to the EU is not an end in itself but sees the process of
40.
economic, political and social reform as a good thing in its own right which should eventually lead to
greater prosperity and quality of life for all Bulgarian citizens;

Calls on the Commission to set aside appropriate funding for information campaigns with a view to

41.
improving public understanding of the implications of the accession of Bulgaria (and Romania);

Gives its assent to the signature of the accession treaty in April 2005 and looks forward to welcom-

42.
ing the 18 Bulgarian Parliamentary Observers into its midst;

43.
Insists that the views of the European Parliament should continue to be taken into account in moni-
toring the progress of reform in Bulgaria following signature of the accession treaty and before any con-
sideration is given to invoking safeguard clauses and, to this end, therefore calls on the Commission to
report in a timely and regular manner to Parliament on developments in Bulgaria;

*

*

*

Instructs its President to forward this resolution to the Council, the Commission and the govern-

44.
ments and parliaments of the Member States and the Republic of Bulgaria.

P6_TA(2005)0118

Bulgaria's application for membership of the EU ***

European Parliament legislative resolution on the application by the Republic of Bulgaria to become
a member of the European Union (AA1/2/2005 — C6-0085/2005 — 2005/0901(AVC))

(Assent procedure)

The European Parliament,

— having regard to the application by the Republic of Bulgaria to become a member of the European

Union,

— having regard to the request for assent submitted by the Council pursuant to Article 49 of the EU

Treaty (C6-0085/2005),

— having regard to the opinion of the Commission (COM(2005)0055),

— having regard to the draft treaty for the accession of the Republic of Bulgaria to the European Union,

— having regard to the exchange of letters between the President of the European Parliament and the
President of the Commission on the full association of the European Parliament with any consideration
of activation of one of the safeguard clauses in the Treaty of Accession,

— having regard to its resolution of 13 April 2005 on the financial

implications of the accession of

Bulgaria and Romania (1),

— having regard to Rules 75 and 82(6) of its Rules of Procedure,

— having regard to the recommendation of the Committee on Foreign Affairs (A6-0082/2005),

(1) Texts Adopted, P6_TA(2005)0116.