Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention)
Date: 2007-04-25
Institutions: European Commission
Subjects: Bulgaria, Europol, Intergovernmental Convention (EU), Romania, accession to the European Union, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.4.2007 
COM(2007) 215 final 

2007/0076 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, 
based on Article K.3 of the Treaty on European Union, on the establishment of a 
European Police Office (Europol Convention) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
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  July  1995,  based  on  Article  K.3  of  the  Treaty  on 
European Union, on the establishment of a European Police Office (Europol Convention), the 
Protocol  of  24  July  1996,  drawn  up  on  the  basis  of  Article  K.3  of  the  Treaty  on  European 
Union,  on  the  interpretation,  by  way  of  preliminary  rulings,  by  the  Court  of  Justice  of  the 
European Communities of the Convention on the establishment of a European Police Office, 
the Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European 
Union  and  Article  41  (3)  of  the  Europol  Convention,  on  the  privileges  and  immunities  of 
Europol,  the  members  of  its  organs,  the  deputy  directors  and  employees  of  Europol,  the 
Protocol of 30 November 2000, drawn up on the basis of Article 43(1) of the Convention on 
the establishment of a European Police Office (Europol Convention) amending Article 2 and 
the Annex to that Convention, the Protocol of 28 November 2002 amending the Convention 
on the establishment of a European Police Office (Europol Convention) and the Protocol on 
the privileges and immunities of Europol, the members of its organs, the deputy directors and 
the employees of Europol, and the Protocol of 27 November 2003, drawn up on the basis of 
Article 43(1)  of  the Convention on  the  Establishment  of  a European Police Office (Europol 
Convention), amending that Convention.  

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  Protocols,  in  accordance  with  Article  3(4)  of  the  Act  of 
Accession. 

1 

OJ 2005, L 157, p. 203. 

EN 

2 

   EN 

 
                                                 
2007/0076 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, 
based on Article K.3 of the Treaty on European Union, on the establishment of a 
European Police Office (Europol Convention) 

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) 

2 
3 
4 

5 
6 
7 

The  Convention  on  the  establishment  of  a  European  Police  Office  (Europol 
Convention)  (hereinafter  referred  to  as  the  “Europol  Convention”)  was  signed  at 
Brussels on 26 July 1995 and entered into force on 1 October 1998. 

The Europol Convention was complemented by two Protocols signed on 24 July 1996 
and 19 June 1997 which entered into force respectively on 29 December 1998 and 1 
July 19994. 

The  Europol  Convention  was  amended  by  three  other  Protocols  signed  on  30 
November 20005, 28 November 20026 and 27 November 20037, which shall enter into 
force 90 days after the notification by the Member State which, being a member of the 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
The Protocol of 24 July 1996 on the basis of Article K.3 of the Treaty on the European Union on the 
interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of 
the Convention on the establishment of a European police office (Europol) (OJ C 299, 9.10.1996, p. 2); 
the Protocol of 19 June 1997 drawn up on the basis of Article K.3 of the Treaty on the European Union 
and  Article  41  (3)  of  the  Europol  Convention,  on  the  privileges  and  immunities  of  Europol,  the 
members of its organs, the Deputy Directors and employees of Europol (OJ C 221, 19.7.1997, p. 2). 
OJ C 358, 13.12.2000, p. 2. 
OJ C 312, 16.12.2002, p. 2. 
OJ C 2, 6.1.2004, p. 3. 

EN 

3 

   EN 

 
                                                 
(4) 

(5) 

European  Union  on  the  date  of  adoption  by  the  Council  of  the  Act  drawing  up  this 
Protocol, is the last to fulfil that formality. 

The  Europol  Convention  entered  into  force  in  the  Czech  Republic,  Estonia,  Cyprus, 
Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia  following  their 
accession to the European Union. 

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  Europol  Convention  and  the 
Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 
27 November 2003. They are to enter into force in relation to Bulgaria and Romania 
on the date determined by the Council. 

(6) 

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: 

Article1 

The Europol Convention and the Protocols of 24 July 1996 and of 19 June 1997, shall enter 
into force for Bulgaria and Romania on the first day of the first month following the date of 
adoption of this decision. 

The Protocols of 30 November 2000, 28 November 2002 and 27 November 2003 shall enter 
into force for Bulgaria and Romania on the date of entry into force of these Protocols.  

Article 2 

Article 3 

The  texts  of  the  Europol  Convention  and  the  Protocols  of  24  July  1996,  19  June  1997,  30 
November 2000, 28 November 2002 and 27 November 2003, 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 Europol Convention and the Protocols of 24 July 1996, 19 
June 1997, 30 November 2000, 28 November 2002 and 27 November 2003. 

Article 4  

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

Done at Brussels,  

EN 

For the Council 
The President 

4 

   EN 

 
 
 
ANNEX  

Text of the Europol Convention and of the Protocols of 24 July 1996, 19 June 1997, 30 
November 2000, 28 November 2002 and 27 November 2003 in the Bulgarian and 
Romanian languages. 

. 

EN 

5 

   EN