Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union
Date: 2007-04-25
Institutions: European Commission
Subjects: Bulgaria, Romania, agreement (EU), criminal proceedings, judicial cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.4.2007 
COM(2007) 213 final 

2007/0080 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 29 May 2000, 
established by the Council in accordance with Article 34 of the Treaty on European 
Union, on Mutual Assistance in Criminal Matters between the Member States of the 
European Union 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The 2005 Act of accession of Bulgaria and Romania1 has introduced a simplified system for 
the accession of Bulgaria and Romania to the conventions (and protocols) concluded by the 
Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU) or Art. 293 EC. It is 
indeed  not  anymore  necessary,  as  in  the  past,  to  negotiate  and  conclude  specific  accession 
protocols to these conventions (which would have implied ratification by 27 States): Article 
3(3) of the Act provides simply that Bulgaria and Romania accede to these conventions and 
protocols by virtue of the Act of Accession. 

Article  3(3)  and  3(4)  of  the  Act  of  Accession  provide  that,  to  that  effect,  the  Council  shall 
adopt  a  decision  in  order  to  determine  the  date  on  which  these  conventions  shall  enter  into 
force  for  Bulgaria  and  Romania  and  to  make  all  the  necessary  adjustments  to  these 
conventions required by reason of the accession of the two new Member States (which would 
include,  in  any  event,  the  adoption  of  the  conventions  in  the  Bulgarian  and  Romanian 
languages,  so  that  these  versions  can  be  "equally  authentic").  The  Council  shall  act  on  a 
recommendation of the Commission, after consulting the European Parliament. 

Annex  I  to  the  Act  of  Accession  gives  the  list  of  the  seven  conventions  and  protocols 
concerned in the Justice and Home Affairs area.  

The list includes the Convention of 29 May 2000, established by the Council in accordance 
with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters 
between  the  Member  States  of  the  European  Union  and  its  Protocol  of  16  October  2001, 
established by the Council in accordance with Article 34 of the Treaty on European Union, to 
the Convention on Mutual Assistance in Criminal Matters between the Member States of the 
European Union  

This  Commission  Recommendation  for  a  Council  Decision  is  intended  to  make  the 
adjustments  required  by  reason  of  the  accession  of  Bulgaria  and  Romania  to  the 
aforementioned  Convention  and  its  Protocol,  in  accordance  with  Article  3(4)  of  the  Act  of 
Accession. 

1 

OJ 2005, L 157, p. 203. 

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2007/0080 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 29 May 2000, 
established by the Council in accordance with Article 34 of the Treaty on European 
Union, on Mutual Assistance in Criminal Matters between the Member States of the 
European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union,  

Having regard to the Treaty of Accession of Bulgaria and Romania,  

Having regard to the Act of Accession of Bulgaria and Romania (hereinafter referred to as the 
"Act of Accession"), and in particular Article 3(4) thereof, 

Having regard to the recommendation from the Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

The Convention established by the Council in accordance with Article 34 of the Treaty 
on European Union, on Mutual Assistance in Criminal Matters between the Member 
States  of  the  European  Union4  (hereinafter  referred  to  as  the  “Mutual  Assistance 
Convention”)  was  signed  at  Brussels  on  29  May  2000  and  entered  into  force  on  23 
August 2005.  

The Mutual Assistance Convention was complemented by the Protocol of 16 October 
2001,  established  by  the  Council  in  accordance  with  Article  34  of  the  Treaty  on 
European Union to the Convention on Mutual Assistance in Criminal Matters between 
the  Member  States  of  the  European  Union5  (hereinafter  referred  to  as  the  "  Mutual 
Assistance Protocol"), which entered into force on 5 October 2005.  

Article 3(3) of the Act of Accession provides that Bulgaria and Romania accede to the 
conventions and protocols concluded between the Member States, listed in Annex I to 
the Act of Accession, which comprises, inter alia, the Mutual Assistance Convention 
and the Mutual Assistance Protocol. They are to enter into force in relation to Bulgaria 
and Romania on the date determined by the Council.  

2 
3 
4 
5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C 197, 12.7.2000, p. 3. 
OJ C 326, 21.11.2001, p. 2. 

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(4) 

In  accordance  with  Article  3(4)  of  the  Act  of  Accession  the  Council  is  to  make  all 
adjustments required by reason of accession to those conventions and protocols, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Mutual  Assistance  Convention  shall  enter  into  force  on  the  first  day  of  the  first  month 
following the date of adoption of this decision between Bulgaria, Romania and the Member 
States  for  which  the  Convention  is  in  force  at  that  date.  It  shall  enter  into  force  between 
Bulgaria or Romania and each of the other Member States on the day the Mutual Assistance 
Convention enters into force for the other Member State concerned. 

The  Mutual  Assistance  Protocol  shall  enter  into  force  on  the  first  day  of  the  first  month 
following the date of adoption of this decision between Bulgaria, Romania and the Member 
States for which the Protocol is in force at that date. It shall enter into force between Bulgaria 
or Romania and each of the other Member States on the day the Mutual Assistance Protocol 
enters into force for the other Member State concerned. 

Article 2 

The  Mutual  Assistance  Convention,  as  complemented  by  the  Mutual  Assistance  Protocol, 
drawn  up  in  the  Bulgarian  and  Romanian  languages  and  annexed  to  this  Decision,  shall  be 
authentic under  the  same conditions as the other texts of the Mutual  Assistance Convention 
and the Mutual Assistance Protocol. 

Article 3 

This  Decision  shall  take  effect  on  the  day  following  that  of  its  publication  in  the  Official 
Journal of the European Union. 

Done at Brussels, […] 

For the Council 
The President 

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ANNEX  

Text of the Convention of 29 May 2000, established by the Council in accordance with 
Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters 
between the Member States of the European Union and the Protocol of 16 October 2001, 
established by the Council in accordance with Article 34 of the Treaty on European 
Union to the Convention on Mutual Assistance in Criminal Matters between the 
Member States of the European Union, in the Bulgarian and Romanian languages 

. 

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