Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union
Date: 2007-04-25
Institutions: European Commission
Subjects: Bulgaria, EU Member State, European convention, European official, Romania, accession to the European Union, civil servant, corruption

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.4.2007 
COM(2007) 218 final 

2007/0072 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 26 May 1997, 
drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight 
against corruption involving officials of the European Communities or officials of 
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 26 May 1997, drawn up on the basis of Article K.3(2)(c) 
of  the  Treaty  on  European  Union,  on  the  fight  against  corruption  involving  officials  of  the 
European Communities or officials of 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, in accordance with Article 3(4) of the Act of Accession. 

1 

OJ 21.6.2005, L 157, p. 203. 

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2007/0072 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 26 May 1997, 
drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight 
against corruption involving officials of the European Communities or officials of 
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  on  the  fight  against  corruption  involving  officials  of  the  European 
Communities  or  officials  of  Member  States  of  the  European  Union  (hereinafter 
referred  to  as  "the  Convention  against  officials'  corruption")  was  signed  on  26  May 
1997 and entered into force on 28 September 2005.  

Following their accession to the European Union, Estonia, Cyprus, Latvia, Lithuania, 
Hungary, Poland, Slovenia and Slovakia have deposited their instruments of accession 
to the Convention against officials' corruption. 

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 Convention on the fight against 
corruption  involving  officials  of  the  European  Communities  or  officials  of  Member 
States of the European Union. They are to enter into force in relation to Bulgaria and 
Romania on the date determined by the Council. 

(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, 

2 
3 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The Convention against officials' corruption shall enter into force for Bulgaria and Romania 
on the first day of the first month following the date of adoption of this decision. 

Article 2 

The  texts  of  the  Convention  against  officials'  corruption  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 Convention against officials' corruption. 

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 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the 
Treaty on European Union, on the fight against corruption involving officials of the 
European Communities or officials of Member States of the European Union in the 
Bulgarian and Romanian languages 

. 

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