2006/929/EC: Commission Decision of 13 December 2006 establishing a mechanism for cooperation and verification of progress in Bulgaria to address specific benchmarks in the areas of judicial reform and the fight against corruption and organised crime (notified under document number C(2006) 6570)
Date: 2006-12-13
Institutions: European Commission
Subjects: Bulgaria, EU control, cooperation policy, corruption, exchange of information, judicial reform, rule of law

L 354/58

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Official Journal of the European Union

14.12.2006

COMMISSION DECISION

of 13 December 2006

establishing a mechanism for cooperation and verification of progress in Bulgaria to address specific
benchmarks in the areas of judicial reform and the fight against corruption and organised crime

(notified under document number C(2006) 6570)

(2006/929/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of the Republic of
Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of
the Republic of
Bulgaria and Romania, and in particular Articles 37 and 38
thereof,

Having regard to the opinions expressed by the Member States,

Whereas:

(1)

(2)

(3)

The European Union is founded on the rule of law, a
principle common to all Member States.

The area of freedom, security and justice and the internal
market, created by the Treaty on European Union and
the Treaty establishing the European Community, are
based on the mutual confidence that the administrative
and judicial decisions and practices of all Member States
fully respect the rule of law.

This implies for all Member States the existence of an
impartial, independent and effective judicial and admin-
istrative system properly equipped,
to fight
corruption and organised crime.

inter alia,

(4)

On 1 January 2007, Bulgaria will become a member of
the European Union. The Commission, whilst noting the

considerable efforts to complete Bulgaria's preparations
for membership, has identified remaining issues in its
Report of 26 September 2006,
in the
accountability and efficiency of the judicial system and
law enforcement bodies, where further progress is still
necessary to ensure their capacity to implement and
apply the measures adopted to establish the internal
market and the area of freedom, security and justice.

in particular

the Act of Accession empowers

Article 37 of
the
Commission to take appropriate measures in case of
imminent risk that Bulgaria would cause a breach in
the functioning of the internal market by a failure to
implement the commitments it has undertaken. Article
38 of the Act of Accession empowers the Commission to
take appropriate measures in case of imminent risk of
serious shortcomings in Bulgaria in the transposition,
state of implementation, or application of acts adopted
under Title VI of the EU Treaty and of acts adopted
under Title IV of the EC Treaty.

the judicial

The remaining issues in the accountability and efficiency
of
system and law enforcement bodies
the establishment of a mechanism for coop-
warrant
eration and verification of the progress of Bulgaria to
address specific benchmarks in the areas of
judicial
reform and the fight against corruption and organised
crime.

to address
the Commission may

the benchmarks
If Bulgaria should fail
safeguard
apply
adequately,
measures based on Articles 37 and 38 of the Act of
Accession,
including the suspension of Member States'
obligation to recognise and execute, under the conditions
laid down in Community law, Bulgarian judgments and
judicial decisions, such as European arrest warrants.

This Decision does not preclude
the adoption of
safeguard measures at any time on the basis of Articles
36 to 38 of the Act of Accession, if the conditions for
such measures are fulfilled.

The present Decision should be amended if the Commis-
sion's assessment points at a need to adjust
the
benchmarks. The present Decision should be repealed
when all the benchmarks have been satisfactorily fulfilled,

(5)

(6)

(7)

(8)

(9)

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Official Journal of the European Union

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HAS ADOPTED THIS DECISION:

Article 1

Bulgaria shall, by 31 March of each year, and for the first time
by 31 March 2007, report to the Commission on the progress
made in addressing each of the benchmarks provided for in the
Annex.

The Commission may, at any time, provide technical assistance
through different activities or gather and exchange information
on the benchmarks. In addition, the Commission may, at any
time, organise expert missions to Bulgaria for this purpose. The
Bulgarian authorities shall give the necessary support in this
context.

Article 2

The Commission will communicate to the European Parliament
and the Council its own comments and findings on Bulgaria's
report for the first time in June 2007.

The Commission will report again thereafter as and when
required and at least every six months.

Article 3

This Decision shall enter into force only subject to and on the
date of the entry into force of the Treaty of Accession.

Article 4

This Decision is addressed to all Member States.

Done at Brussels, 13 December 2006.

For the Commission

Olli REHN
Member of the Commission

L 354/60

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Official Journal of the European Union

14.12.2006

Benchmarks to be addressed by Bulgaria, referred to in Article 1:

ANNEX

1. Adopt constitutional amendments removing any ambiguity regarding the independence and accountability of the

judicial system.

2. Ensure a more transparent and efficient judicial process by adopting and implementing a new judicial system act and
the new civil procedure code. Report on the impact of these new laws and of the penal and administrative procedure
codes, notably on the pre-trial phase.

3. Continue the reform of the judiciary in order to enhance professionalism, accountability and efficiency. Evaluate the

impact of this reform and publish the results annually.

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

internal inspections of public institutions and on the publication of assets of high-level officials.

5. Take further measures to prevent and fight corruption,

in particular at the borders and within local government.

6. Implement a strategy to fight organised crime, focussing on serious crime, money laundering as well as on the
systematic confiscation of assets of criminals. Report on new and ongoing investigations, indictments and convictions
in these areas.