PURPOSE: to enable Bulgaria and Romania to accede to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980.

LEGISLATIVE ACT: Council Decision 2007/856/EC concerning the accession of the Republic of Bulgaria and of Romania to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980.

CONTENT: the Convention on the Law applicable to Contractual Obligations (“the Convention of 1980”) was opened for signature in Rome on 19 June 1980 and entered into force on 1 April 1991. It was supplemented by the First and Second Protocols of 19 December 1988 on its interpretation by the Court of Justice of the European Communities (“First and Second Protocols of 1988”).

New Member States since 1984 acceded to the Convention of 1980 by separate Conventions at the time of their accession.

Article 3(3) of the Act of Accession of 2005 provides that Bulgaria and Romania accede to the conventions and protocols listed in Annex I of the Decision, as amended by Council Decision 2007/857/EC, which comprises, inter alia, the Convention of 1980 and the First and Second Protocols of 1988 together with the Conventions on accession of 1984, 1992, 1996 and 2005. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council. The Council is to make all adjustments required by reason of the accession of Bulgaria and Romania to those conventions and protocols.

This Decision provides that the Convention of 1980 and the First and Second Protocols of 1988, together with the Conventions of 1984, 1992 and 1996, as amended by this Decision, shall enter into force between Bulgaria, Romania and the other Member States on 15 January 2008.

The Convention of 2005 shall enter into force between Bulgaria, Romania and the Member States for which it entered into force before the 15 January 2008 on that date.

The Convention of 2005 shall enter into force between Bulgaria, Romania and the Member States for which it has not yet entered into force on the date laid down in Article 5(2) of that Convention.

DATE OF EFFECT: 30/12/2007.

Decision 2007/856
OJ L 347 29.12.2007, p. 0001

Results of vote in Parliament

The European Parliament adopted a resolution drafted by Cristian DUMITRESCU (PES, RO), and approved the Council recommendation 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.

T6-0425/2007

A6-0319/2007

A6-0319/2007

The Committee on Legal Affairs adopted a report drafted by Cristian DUMITRESCU (PES, RO), and approved the Council recommendation 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.

PE392.013

PURPOSE: to enable Bulgaria and Romania to accede to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980.

PROPOSED ACT: Council Decision.

CONTENT: the 2005 Act of accession of Bulgaria and Romania 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 no longer 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 7 conventions and protocols concerned in the Justice and Home Affairs area.

The list includes in particular:

· 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.

The present draft Commission Recommendation 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.

COM(2007)0217
EUR-Lex

PURPOSE: to enable Bulgaria and Romania to accede to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980.

PROPOSED ACT: Council Decision.

CONTENT: the 2005 Act of accession of Bulgaria and Romania 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 no longer 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 7 conventions and protocols concerned in the Justice and Home Affairs area.

The list includes in particular:

· 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.

The present draft Commission Recommendation 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.

COM(2007)0217
EUR-Lex