PURPOSE: to enable Bulgaria and Romania to accede 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 TEC.

LEGISLATIVE ACT : Council Decision 2008/40/JHA 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.

CONTENT: the Convention, drawn up on the basis of Article K.3 of the TEU, on the protection of the European Communities’ financial interests (“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 to the Convention on the protection of the ECs’ financial interests (“the Protocol of 27 September 19962), and the Protocol 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 Communities’ financial interests (“the Protocol of 29 November 1996”). Both Protocols entered into force on 17 October 2002.

The Convention was further supplemented by the Second Protocol to the Convention on the protection of the European Communities’ financial interests (“the Second Protocol of 19 June 1997”) which has not yet entered into force.

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, which include, inter alia, the Convention, the Protocol 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,

This Decision provides that 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, shall be authentic under the same conditions as the other texts thereof.

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.

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 EU on the date of the adoption by the Council of the act drawing up that Protocol, is the last to fulfil the formality of notification.

DATE OF EFFECT: 13/01/2008.

The European Parliament adopted a resolution drafted by Jean-Marie CAVADA (ALDE, FR), and made one amendment to the recommendation for a Council decision concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests and related protocols and convention.

The sole amendment concerns a new recital stating that the Bulgarian and Romanian governments have made efforts to meet the respective benchmarks provided for the activation of the simplified accession procedure.

The Committee on Civil Liberties, Justice and Home Affairs unanimously adopted a report drawn up by Jean-Marie CAVADA (ALDE, FR), and made one amendment to the recommendation for a Council decision concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests and related protocols and convention.

The sole amendment concerns a new recital stating that the Bulgarian and Romanian governments have made efforts to meet the respective benchmarks provided for the activation of the simplified accession procedure. The purpose of the proposed insertion is to point out that the accession of Bulgaria and Romania to the respective normative instruments is not an automatic consequence from the act of the accession of the two countries to the EU but comes in response to the efforts undertaken by the respective societies to meet the criteria of the Union for "good governance" and to ensure the upholding of the Community interests in regard to the specific subject matter of the Convention.

PURPOSE: to enable Bulgaria and Romania to accede 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 TEC.

PROPOSED ACT: Recommendation for a Council Decision.

CONTENT: the 2005 Act of accession of Bulgaria and Romania 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 TEC. 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 seven conventions and protocols concerned in the Justice and Home Affairs area.

The list includes the:

- Convention on the protection of the European Communities' financial interests of 26.7.1995, its Protocols of 27.9.1996, of 29.11.1996 and the 2 nd Protocol of 19.6.1997, all adopted under Title VI EU Treaty, set out to establish a common base for the criminal-law protection of the EC’s financial interests;

- the Convention and its Protocols of 27.9.1996 and of 29.11.1996 entered into force on 17 October 2002 following ratification by the then 15 Member States. Ratification of the 2 nd Protocol is still awaited by Italy. There is no need for this Commission Recommendation to make the adjustments required by reason of the accession of Bulgaria and Romania to the aforementioned Convention and its

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

In view of the foregoing the Commission recommends that the Council takes a decision concerning the accession of Bulgaria and Romania to the Convention on the protection of the European Communities' financial interests and its Protocols.

PURPOSE: to enable Bulgaria and Romania to accede 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 TEC.

PROPOSED ACT: Recommendation for a Council Decision.

CONTENT: the 2005 Act of accession of Bulgaria and Romania 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 TEC. 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 seven conventions and protocols concerned in the Justice and Home Affairs area.

The list includes the:

- Convention on the protection of the European Communities' financial interests of 26.7.1995, its Protocols of 27.9.1996, of 29.11.1996 and the 2 nd Protocol of 19.6.1997, all adopted under Title VI EU Treaty, set out to establish a common base for the criminal-law protection of the EC’s financial interests;

- the Convention and its Protocols of 27.9.1996 and of 29.11.1996 entered into force on 17 October 2002 following ratification by the then 15 Member States. Ratification of the 2 nd Protocol is still awaited by Italy. There is no need for this Commission Recommendation to make the adjustments required by reason of the accession of Bulgaria and Romania to the aforementioned Convention and its

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

In view of the foregoing the Commission recommends that the Council takes a decision concerning the accession of Bulgaria and Romania to the Convention on the protection of the European Communities' financial interests and its Protocols.