REPORT on the recommendation for a Council decision concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention)

28.6.2007 - (COM(2007)0215 – C6‑0169/2007 – 2007/0076(CNS)) - *

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Genowefa Grabowska

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the recommendation for a Council decision concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention)

(COM(2007)0215 – C6‑0169/2007 – 2007/0076(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission recommendation to the Council (COM(2007)0215)[1],

–   having regard to Article 3(4) of the Act of Accession of Bulgaria and Romania, pursuant to which the Council consulted Parliament (C6-0169/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0260/2007),

1.  Approves the Commission recommendation;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Calls on the Council to consult Parliament again if it intends to amend the Commission recommendation substantially;

4.  Instructs its President to forward its position to the Council and Commission and to the governments of Bulgaria and Romania.

• [1]  Not yet published in OJ.

EXPLANATORY STATEMENT

The 2005 Act of Accession of Bulgaria and Romania[1] provides for a simplified system for accession of Bulgaria and Romania to the conventions (and protocols) concluded by the Member States on the basis of Article 34 of the Treaty on European Union.

Annex I to the above-mentioned Act of Accession gives the list of the seven conventions and protocols concerned in the Justice and Home Affairs area, including the Convention of 26 July 1995 on the establishment of a European Police Office (Europol Convention), the Protocol of 24 July 1996 on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office, both based on Article K.3 of the Treaty on European Union, the Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41 (3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol, the Protocol of 30 November 2000, drawn up on the basis of Article 43(1) of the Convention on the establishment of a European Police Office (Europol Convention) amending Article 2 and the Annex to that Convention, the Protocol of 28 November 2002 amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol, and the Protocol of 27 November 2003, drawn up on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), amending that Convention.

Taking into account the above-mentioned simplified system, it is not anymore necessary to negotiate and conclude specific accession protocols. In order to make the Europol Convention and its related protocols enter into force for Bulgaria and Romania, the Council should only adopt a decision determining the date on which the Convention and its protocols shall enter into force, after having consulted the European Parliament[2].

The rapporteur therefore proposes to adopt the Council decision without amendments. However, the rapporteur invites the Council to rectify the Council decision based on the Commission's recommendation as regards the entry into force of the three last protocols[3] since they entered into force in March/April 2007. Since no retroactive effect will be possible for Bulgaria and Romania, a new date following the adoption of this decision should be foreseen.

• [1]  OJ 2005, L 157, p.203
• [2]  According to article 3(3) and 3 (4) of the 2005 Act of Accession of Bulgaria and Romania, OJ 2005, L 157, p.203
• [3]  The Protocols of 30 November 2000, 28 November 2002 and 27 November 2003.

PROCEDURE

Title	Accession of Bulgaria and Romania to the Convention of 26 July 1995 on the Europol Convention
References	COM(2007)0215 - C6-0169/2007 - 2007/0076(CNS)
Date of consulting Parliament	11.6.2007
Committee responsible        Date announced in plenary	LIBE 19.6.2007
Rapporteur(s)        Date appointed	Genowefa Grabowska 21.5.2007
Simplified procedure - date of decision	21.5.2007
Discussed in committee	5.6.2007
Date adopted	27.6.2007
Result of final vote	+: –: 0:	43 0 1
Members present for the final vote	Alexander Alvaro, Alfredo Antoniozzi, Giusto Catania, Carlos Coelho, Fausto Correia, Esther De Lange, Panayiotis Demetriou, Bárbara Dührkop Dührkop, Kinga Gál, Patrick Gaubert, Roland Gewalt, Lilli Gruber, Adeline Hazan, Jeanine Hennis-Plasschaert, Lívia Járóka, Ewa Klamt, Roger Knapman, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Stavros Lambrinidis, Henrik Lax, Dan Mihalache, Viktória Mohácsi, Claude Moraes, Javier Moreno Sánchez, Luciana Sbarbati, Inger Segelström, Károly Ferenc Szabó, Vladimir Andreev Urutchev, Ioannis Varvitsiotis, Manfred Weber, Tatjana Ždanoka
Substitute(s) present for the final vote	Edit Bauer, Simon Busuttil, Gérard Deprez, Koenraad Dillen, Maria da Assunção Esteves, Iratxe García Pérez, Ignasi Guardans Cambó, Metin Kazak, Jörg Leichtfried, Marianne Mikko, Herbert Reul