European Parliament resolution on the state of preparedness for EU membership of Bulgaria (2005/2204(INI))
Date: 2005-12-15
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: Bulgaria, Community acquis, accession criteria, accession to the European Union

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Calls on the Council and Commission to clarify the press reports concerning an agreement of 2003

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between the European Union and the United States giving the US access to ‘special’ transit facilities;

Calls on all the governments concerned to make every effort to investigate the allegations made so

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far and to provide all necessary information to the Commission and the Council of Europe;

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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 conducted
through 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, and
including through flights and detention at
transported within the territory of the European Union,
secret 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 on
Human 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 territory
of 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, including
rendition, transfer, detention or torture, whether by action or omission;

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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 Europe
and 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,

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— 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 fulfilled
the 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 be
disadvantaged 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 same
time,

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;

Congratulates successive Bulgarian governments on their steady commitment and progress towards EU
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accession, and welcomes the elements of continuity in government and the National Assembly's determined
prioritisation 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 to
show 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 concrete
manner 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 the
fifth 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 that
the target date for accession of 1 January 2007 is achievable; at the same time notes that the changes under
way are beneficial in themselves, not merely as a prerequisite of EU accession, and that the process of
modernisation and reform must continue for many years after accession and this should be reflected in
the 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 in
decisions 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 the
safeguard clauses in the Treaty of Accession; notes that Parliament will take a position on these issues, and
especially the timing of accession, in the light of the state of implementation of the necessary reforms, in
particular 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 the
Commission and Bulgaria to work closely with Parliament in this regard;

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

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and her continuing role in the promotion of regional security and prosperity;

Thursday 15 December 2005

Political criteria

Notes that Bulgaria continues to fulfil the political criteria, and urges Bulgaria to channel maximum
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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 to
develop sufficient administrative and judicial capacity to implement and enforce the acquis, with particular
reference to the Anti-Corruption Strategy and the urgently needed continued reform of the judiciary;

Strongly endorses the view that the rule of law is vital to the establishment of public trust and

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confidence and also provides the foundation for economic progress and therefore greater prosperity;

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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 have
been lowered to the level of many Member States, and encourages Bulgaria to continue its efforts;

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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 apparent
impunity in a series of high-profile murders in recent years; notes with concern the small proportion of
serious 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 of
their 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 a
range 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 prerequisite
for 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;

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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; greater
control 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 between
the 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;

Notes Bulgaria's strategic location at an EU external border and recommends further concerted efforts
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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 the
Bulgarian authorities to ensure the availability of sufficient human resources to guarantee implementation of
the border control acquis; and calls also for neighbouring countries, especially in the western Balkans, to
step up their activities;

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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 children
in care; requests the Commission to undertake research and monitoring on the status of disabled persons
living in residential institutions; wishes to encourage changes in the law and practice of adoption to reduce
further 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 in
line 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 overcome
segregation must be reinforced and properly resourced, and that progress will be judged by reference to
visible improvements; emphasises, however, that any integration policies must be implemented with the full
involvement 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 and
active 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 on
economic 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 of
2.2 % 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 time
wishes to see steps taken to assess the true level and nature of unemployment, given manpower shortages in
some 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 effective
functioning;

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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 commitments
in 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 for
vigorous action to enhance Bulgaria's capacity to meet challenges in relation to animal health, veterinary
services and phytosanitary controls, most especially where there is an associated risk to public health, as in
the case of avian flu, or to the safety of food supplies;

Stresses that the management and control of pre-accession assistance must be substantially enhanced
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in order to prepare Bulgaria for more efficient use of EU Structural Funds; considers, in particular, that
efforts to accredit the Phare- and ISPA-related Extended Decentralised Implementation System must be
accelerated and that, at the same time, the Commission should target further assistance towards those
areas of greatest need;

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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 of
energy conservation efforts, and of the Kyoto Protocol targets; calls once again on the Council and the
Commission to ensure that Bulgaria fulfils its commitments regarding the closure date for Units 3 and 4
of the Kozloduy Power Plant under the Accession Treaty; however, expresses its hope that Bulgaria will meet
the obligations assumed for the closure of Units 3 and 4 of the plant, and stresses that Bulgaria should be
assisted in filling the energy gap that will be created by that closure;

Calls for effective measures to prevent pollution, illegal logging of woods and the demand for illegal

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timber on the part of the trading industry;

Reminds Bulgaria that urgent attention is needed to improve the implementation and enforcement of

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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 Libyan
Supreme 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;

Urges those Member States which have not yet ratified the Treaty of Accession of Bulgaria to the

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European Union to do so as soon as possible;

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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.