Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980
Date: 2007-04-25
Institutions: European Commission
Subjects: Bulgaria, Court of Justice of the European Union, Intergovernmental Convention (EU), Romania, accession to the European Union, consolidation of EU law, contract, interpretation of the law, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.4.2007 
COM(2007) 217 final 

2007/0077 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention on the Law 
applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980 

(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  19  June  1980  on  the  law  applicable  to  contractual 
obligations opened for signature in Rome on 19 June 1980, the Convention of 10 April 1984 
on  the  accession  of  the  Hellenic  Republic  to  the  Convention  on  the  law  applicable  to 
contractual obligations, opened for signature in Rome on 19 June 1980, the first Protocol of 
19 December 1988 on the interpretation by the Court of Justice of the European Communities 
of  the  Convention  on  the  law  applicable  to  contractual  obligations,  opened  for  signature  in 
Rome on 19 June 1980, the second Protocol of 19 December 1988 conferring on the Court of 
Justice of the European Communities certain powers to interpret the Convention on the law 
applicable  to  contractual  obligations,  opened  for  signature  in  Rome  on  19  June  1980,  the 
Convention  of  18  May  1992  on  the  accession  of  the  Kingdom  of  Spain  and  the  Portuguese 
Republic  to  the  Convention  on  the  Law  applicable  to  Contractual  Obligations,  opened  for 
signature in Rome on 19 June 1980, the Convention of 29 November 1996 on the accession of 
the  Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden  to  the 
Convention on the Law applicable to Contractual Obligations, opened for signature in Rome 
on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of 
Justice. 

In  line  with  Article  3(6)  the  Commission  has  prepared  a  proposal  to  add  to  the  list  the 
Convention on the accession of the Czech Republic, the Republic of Estonia, the Republic of 
Cyprus,  the Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the 
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic 
to  the  Convention  on  the  law  applicable  to contractual  obligations  opened  for  signature  in 
Rome  on  19 June  1980,  and  to  the  First  and  Second  Protocols  on  its  interpretation  by  the 
Court of Justice of the European Communities. 

1 

OJ L 157, 21.6.2005, p. 203. 

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

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2007/0077 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention on the Law 
applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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) 

(4) 

(5) 

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The Convention on the Law applicable to Contractual Obligations (hereinafter referred 
to as the “Convention of 1980”) was opened for signature in Rome on 19 June 1980 
and entered into force on 1 April 1991. 

The Convention of 1980 was complemented by the First and Second Protocols of 19 
December 1988 on its interpretation by the Court of Justice4. 

The  Hellenic  Republic  acceded  to  the  Convention  of  1980  by  the  Convention  of  10 
April 19845, which entered into force on 1 April 1991. 

The  Kingdom  of  Spain  and  the  Portuguese  Republic  acceded  to  the  Convention  of 
1980  by  the  Convention  of  18  May  19926,  which  entered  into  force  on  1  September 
1993. 

The Republic of Austria, the Republic of Finland and the Kingdom of Sweden acceded 
to the Convention of 1980 by the Convention of 29 November 19967, which entered 
into force on 1 October 1998. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 48, 20.2.1989, p. 1 and OJ L 48, 20.12.1989, p. 17. 
OJ L 146, 31.5.1984, p. 1. 
OJ L 333, 18.11, 1992, p. 1. 
OJ C 15, 15.1.1997, p. 10. 

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(6) 

(7) 

Following  the  accession  to  the  European  Union  of  the  Czech  Republic,  Estonia, 
Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia,  a 
Convention was signed on 14 April 2005 on the accession of these new Member States 
to the Convention of 19808, which has not yet entered into force. 

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  of  1980  and  the 
First and Second Protocols of 1988 together with the Conventions on accession of 10 
April  1984,  18  May  1992,  29  November  1996  and  14  April  2005.  They  are  to  enter 
into force in relation to Bulgaria and Romania on the date determined by the Council. 

(8) 

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: 

The  First  Protocol  of  1988  on  the  interpretation  by  the  Court  of  Justice  of  the  European 
Communities of the Convention of 1980 is amended as follows:  

Article 1 

The following indents shall be inserted in Article 2(a): 

–  In Bulgaria: 

Върховен касационен съд 

–  In Romania: 

Înalta Curte de Casaţie şi Justiţie 

Article 2 

The  Convention  of  1980  and  the  First  and  Second  Protocols  of  1988,  together  with  the 
Conventions on accession of 10 April 1984, 18 May 1992, 29 November 1996 as amended by 
this Decision, shall enter into force between Bulgaria, Romania and the other Member States 
on  the  first  day  of  the  first  month  following  the  date  of  adoption  of  this  decision.  The 
Convention on accession of 14 April 2005 shall enter into force between Bulgaria, Romania 
and the other Member States on the date of its entry into force. 

Article 3 

The texts of the Convention of 1980 and the First and Second Protocols of 1988, together with 
the  Conventions  on  accession  of  10  April  1984,  18  May  1992,  29  November  1996  and  14 
April 2005, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, 

8 

OJ C 169, 8.7.2005, p. 1. 

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shall  be  authentic  under  the  same  conditions  as  the  other  texts  of  these  Conventions  and 
Protocols.  

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, […] 

For the Council 
The President 

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ANNEX  

Text of the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the 
Second Protocol of 1988, the Convention of 1992, the Convention of 1996 and the 
Convention of 2005 in the Bulgarian and Romanian languages 

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