Mutual assistance in criminal matters: accession of Bulgaria and Romania to the 2000 Convention and 2001 Protocol thereto

2007/0080(CNS)

PURPOSE: to allow Bulgaria and Romania to accede to the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EU.

LEGISLATIVE ACT: Council Decision 2007/763/EC concerning the accession of Bulgaria and Romania to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union.

CONTENT: the 2005 Act of Accession of Bulgaria and Romania introduced a simplified system for the accession of these two countries to the conventions (and protocols) concluded by Member States on the basis of Article 34 TEU (previously Article K.3 TEU) or Article 293 EC.

Article 3(3) of the Act of Accession provides that Bulgaria and Romania accede to these conventions and protocols by virtue of the Act of Accession. Paragraphs 3 and 4 of Article 3 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").

Consequently, in virtue of this Council Decision, Bulgaria and Romania accede to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union.

ENTRY INTO FORCE: the Decision takes effect from 25/11/2007. The dates for entry into force are planned to enable Bulgaria and Romania to accede to the basic Convention and the amending Protocol.