PURPOSE : to approve the request for accession of Bulgaria to the European Union.

LEGISLATIVE ACT : Decision of the Council of the European Union on the admission of the Republic of Bulgaria and Romania to the European Union.

CONTENT : the Council of the European Union has decided to accept the applications for admission by Bulgaria and Romania. The conditions of admission and the adjustments to the Treaties on which the EU is founded, entailed by such admission, will be the subject of an agreement between the Member States, the Republic of Bulgaria and Romania.

The European Parliament adopted a resolution by 522 votes in favour, 70 against and 69 abstentions and gave its assent to the application by the Republic of Bulgaria to become a member of the European Union. The resolution was drafted by Geoffrey VAN ORDEN (EPP-ED, UK).

Parliament stated that the Council and the Commission must fully involve the European Parliament in the follow-up to the process of accession of the Republic of Bulgaria, and in decision-making should the safeguard clauses contained in the accession treaty be activated in connection with the accession of Bulgaria. (Please see INI/2005/2029 ). Formally, Parliament has no longer a role to play in the run-up to the accession of the two countries now that it has given its assent. However, Members want to be able to continue to influence the course of events in both countries until the actual accessions take place, scheduled for 2007. Therefore, they want to be involved in a new mechanism which has been introduced in the Accession Treaty for Bulgaria and Romania and by which the Council may decide on a proposal from the Commission to postpone accession if the two countries fail to take measures required in time. Before the vote, Parliament did indeed get an assurance in writing from the Commission that it would "fully associate (it) to any possible decision to postpone accession", which was confirmed by the Council.

The European Parliament adopted a resolution by 522 votes in favour, 70 against and 69 abstentions and gave its assent to the application by the Republic of Bulgaria to become a member of the European Union. The resolution was drafted by Geoffrey VAN ORDEN (EPP-ED, UK).

Parliament stated that the Council and the Commission must fully involve the European Parliament in the follow-up to the process of accession of the Republic of Bulgaria, and in decision-making should the safeguard clauses contained in the accession treaty be activated in connection with the accession of Bulgaria. (Please see INI/2005/2029 ). Formally, Parliament has no longer a role to play in the run-up to the accession of the two countries now that it has given its assent. However, Members want to be able to continue to influence the course of events in both countries until the actual accessions take place, scheduled for 2007. Therefore, they want to be involved in a new mechanism which has been introduced in the Accession Treaty for Bulgaria and Romania and by which the Council may decide on a proposal from the Commission to postpone accession if the two countries fail to take measures required in time. Before the vote, Parliament did indeed get an assurance in writing from the Commission that it would "fully associate (it) to any possible decision to postpone accession", which was confirmed by the Council.

This documents consists of the draft Treaty of Accession of Bulgaria and Romania to the European Union as was approved by the delegations following the accession negotiations.

This documents consists of the draft Treaty of Accession of Bulgaria and Romania to the European Union as was approved by the delegations following the accession negotiations.

The committee adopted the report by Geoffrey VAN ORDEN ( EPP-ED , UK ) recommending that Parliament give its assent to Bulgaria 's application to join the European Union. The report stressed that Parliament should be fully involved in the follow-up to Bulgaria 's accession process and in decision-making should the safeguard clauses contained in the accession treaty be activated.

Supporting its favourable opinion on Bulgaria’s accession to the EU, the Commission has presented this report. Its purpose is to provide a comprehensive guide to the draft Accession Treaty.

This report covers all negotiating chapters, and provides a summary of the issues covered in the draft Accession Treaty for each of them. It is for information purposes only. The authentic text of the agreement reached in the accession negotiations on the conditions of admission and the adjustments of the treaties on which the Union is founded are laid down in the draft Accession Treaty itself.

On 22 February 2005, the European Commission adopted a favourable opinion addressed to the Council of the European Union regarding the application of accession to the EU by Bulgaria .

The European Council meeting in Copenhagen in June 1993 laid down for the first time the political, economic and acquis criteria for membership, that have guided the accession process and the Commission’s regular assessments of the readiness of Bulgaria. The political criteria require it to ensure the stability of institutions guaranteeing democracy, the rule of law, human rights and the respect for and protection of minorities; these requirements are enshrined as constitutional principles in the Treaty on European Union and have been emphasised in the Charter of Fundamental Rights of the European Union. The economic criteria require the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union . The acquis criterion refers to the ability to take on the obligations of membership arising from the Union’s legislation, the acquis communautaire , including adherence to the aims of political, economic and monetary Union .

In its Strategy Paper on progress in the enlargement process adopted on October 2004, the Commission considered that the Bulgaria fulfilled the political aspects of the Copenhagen criteria. Bearing in mind the progress achieved, and its track record in implementing its commitments, and taking into account its preparatory work in progress, it expected Bulgaria to fulfill the economic and acquis criteria and to be ready for membership by January 2007. On this basis, the Commission stated that it would make every effort in order to meet the European Council's objective to bring the negotiations with to a successful conclusion in 2004, with a view to signing the Treaty of Accession as early as possible in 2005.

These negotiations were completed in December 2004, and it is apparent that the provisions so agreed are fair and proper; this being so, the enlargement of the European Union, while preserving its internal cohesion and dynamism, will enable it to take a fuller part in the development of international relations.

The Commission calls on Bulgaria to pursue vigorously the improvements that still need to be made in the context of the political and economic criteria for membership and in relation to the adoption, implementation and enforcement of the acquis . The Commission will continue to closely monitor the implementation of the commitments and obligations it has taken on, and will assist it with the available instruments. Based on this continuous monitoring, the Commission reserves its rights, as set out in the Accession Treaty, in particular in Article 38 of the Accession Protocol, to present a proposal recommending to postpone accession by one year to 1 January 2008, should it consider that there is clear evidence that the state of preparations for adoption and implementation of the acquis is such that there is a serious risk of it being manifestly unprepared to meet the requirements of membership by the date of accession of 1 January 2007. As a result of this monitoring, the Commission also reserves its rights to invoke the various safeguard clauses foreseen in the Accession Treaty for Bulgaria .

The Commission calls on the Bulgarian authorities to complete the translation and revision of the acquis before the date of accession in order to ensure legal certainty in the implementation of the legislation.