Council Decision of 6 December 2007 concerning the accession of Bulgaria and Romania to the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests, the Protocol of 27 September 1996 , the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997
Date: 2007-12-06
Institutions: Council of the European Union
Subjects: Bulgaria, Community budget, Romania, corruption, criminal law, fraud against the EU, protocol to an agreement

12.1.2008

EN

Official Journal of the European Union

L 9/23

COUNCIL DECISION

of 6 December 2007

concerning the accession of Bulgaria and Romania to the Convention, drawn up on the basis of
Article K.3 of the Treaty on European Union, on the protection of the European Communities’
financial interests, the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the
Second Protocol of 19 June 1997

(2008/40/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to the 2005 Act of Accession, and in particular
Article 3(4) thereof,

(4)

Having regard to the recommendation from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

The Convention, drawn up on the basis of Article K.3 of
the Treaty on European Union, on the protection of the
European Communities’ financial interests (2) (hereinafter
referred to as the Convention) was done at Brussels on
26 July 1995 and entered into force on 17 October
2002.

The Convention was supplemented by the Protocol,
drawn up on the basis of Article K.3 of the Treaty on
European Union, to the Convention on the protection of
the European Communities’ financial
interests (3) (here-
inafter referred to as the Protocol of 27 September
1996), which was done at Brussels on 27 September
1996, and the Protocol, 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 protection of the European Commu-
nities’ financial interests (4) (hereinafter referred to as the
Protocol of 29 November 1996), which was done at
Brussels on 29 November 1996. Both Protocols
entered into force on 17 October 2002.

(3)

The Convention was further supplemented by the Second
Protocol, drawn up on the basis of Article K.3 of the
Treaty on European Union, to the Convention on the

(1) Opinion of 23 October 2007 (not yet published in the Official

Journal).

(2) OJ C 316, 27.11.1995, p. 49.
(3) OJ C 313, 23.10.1996, p. 2.
(4) OJ C 151, 20.5.1997, p. 2.

(hereinafter

the European Communities’

financial
protection of
interests (5)
the Second
Protocol of 19 June 1997), which was done at Brussels
on 19 June 1997 but which has not yet entered into
force.

referred to as

Article 3(3) of the 2005 Act of Accession provides that
Bulgaria and Romania accede to the conventions and
protocols listed in Annex I to the Act of Accession,
inter alia, the Convention, the Protocol
which include,
of 27 September 1996, the Protocol of 29 November
1996 and the Second Protocol of 19 June 1997. The
conventions and the protocols listed in Annex I to the
2005 Act of Accession are to enter into force in relation
to Bulgaria and Romania on the date determined by the
Council,

HAS ADOPTED THIS DECISION:

Article 1

The texts of the Convention, the Protocol of 27 September
1996, the Protocol of 29 November 1996 and the Second
Protocol of 19 June 1997, drawn up in the Bulgarian and
Romanian languages (6), shall be authentic under the same
conditions as the other texts thereof.

Article 2

1.
The Convention, the Protocol of 27 September 1996 and
the Protocol of 29 November 1996 shall enter into force in
relation to Bulgaria and Romania on the first day of the first
month following the date of adoption of this Decision, unless
they have already entered into force for Bulgaria or Romania
before that date.

2.
The Second Protocol of 19 June 1997 shall enter into
force in relation to Bulgaria and Romania on the date on
which it enters into force in relation to the State which,
being a member of the European Union on the date of the
act drawing up that
adoption by the Council of
Protocol (7),
is the last to fulfil the formality of notification
referred to in Article 16(2) thereof.

the

(5) OJ C 221, 19.7.1997, p. 12.
(6) The Bulgarian and Romanian texts of the Convention and of the
Protocols thereto shall be published in a special edition of the OJ at
a later date.

(7) Council Act of 19 June 1997 drawing up the Second Protocol of the
the European Communities’

Convention on the protection of
financial interests (OJ C 221, 19.7.1997, p. 11).

L 9/24

EN

Official Journal of the European Union

12.1.2008

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

Article 3

Done at Brussels, 6 December 2007.

For the Council
The President

A. COSTA