Besluitpunt "REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL ON PROGRESS IN ROMANIA UNDER THE COOPERATION AND VERIFICATION MECHANISM The PRESIDENT introduced the two reports on progress in Bulgaria and Romania under the cooperation and verification mechanism (CVM) and tabled them for adoption in agreement with Mr BARROT. He pointed out that these reports reviewed the progress made and the shortcomings that remained, noting that the mechanism, now entering its third year, was producing results and was a useful tool for achieving the common objectives. He stressed that the areas covered by the CVM were particularly sensitive and it would take time to achieve the desired results. He mentioned in this connection that the reports showed that there had been an improvement, although the mechanism needed to remain in place in both countries. Referring to the report on Bulgaria, the PRESIDENT commented on the existence of a dynamic of reforms designed to solve the structural problems and the measures taken to tackle some of the shortcomings identified. However, the authorities at all levels needed to show greater commitment if the technical measures already adopted were to be extended further. final (22 July 2009) final 31 As regards the progress made by Romania, the PRESIDENT noted that a global approach had been adopted and mentioned the major proposals for reform presented by the government, in particular the adoption of civil and penal codes and the tabling in Parliament of draft procedural codes. He also referred to the measures adopted in the legal field to unify jurisprudence. However, the efforts were still fragmented and the reform process was constantly being undermined by over- politicisation. The two reports contained specific recommendations intended to guide Bulgaria and Romania towards priority measures which would be the subject of a follow-up next year; these recommendations should help both Member States to concentrate their efforts on the next key steps. The PRESIDENT went on to discuss the question of whether the reference to the prospect of the accession of the two countries to the Schengen area was appropriate given the discussion in the preparatory meeting of Chefs de cabinet. While emphasising that this reference was not intended to impose additional conditions on the two countries but should rather be seen as a further incentive to carry out the necessary reforms, he was concerned about the way the reference might be received in the interinstitutional process and about the usefulness of the link it created between the cooperation and verification mechanism and membership of the Schengen area. He concluded by highlighting the success of the mechanism and its contribution to the dynamic of reform but also stressed the need for a greater degree of political commitment to reform in judicial matters and the eradication of corruption in the two countries concerned; Bulgaria had the additional problem of combating organised crime. Mr BARROT began by welcoming the significant progress made by the two Member States, which made it unnecessary to implement safeguard measures as it seemed it would be sufficient to continue monitoring until all the criteria had been fully met. final (22 July 2009) final 32 He said that closer cooperation had been achieved with the Bulgarian authorities since the July 2008 report, but also that priority should continue to be given to the fight against organised crime and corruption, as well as to shortening time scales and simplifying criminal proceedings. In the case of Romania, Mr BARROT also mentioned the new penal and civil codes and the codes of procedure which were expected to be adopted in September, while at the same time highlighting the staff shortages affecting the justice sector and the excessive burden of procedural formalities, which delayed the conclusion of cases. He praised the efficiency of the National Integrity Agency but noted that work still remained to be done in the fight against corruption, particularly at local level. As regards the texts of the reports, he mentioned certain final adjustments that ought to be made to the report on Romania, and also agreed not to mention at this stage the prospect of membership of the Schengen area. The Commission then held a discussion during which the following aspects were examined: - the balance of the two reports, the benefits of the cooperation and verification mechanism and the need to keep it in place; - the immediate effect of the recommendations made; - the recognition of the efforts made by Bulgaria since July 2008 to improve its management of Community funds; the steps it had taken in the right direction but also the need for these measures to be implemented in practice and the hope that the new Bulgarian government would continue in the same vein; - the fact that while, for some, mentioning the prospect of membership of the Schengen area could provide a valuable incentive, for the majority the preference was not to link the two exercises; - the extreme sensitivity of the questions of corruption and organised crime and the reminder that similar problems also existed in other Member States; final (22 July 2009) final 33 - the need to make one or two final adjustments to the wording of the two reports; - the importance of adequate communication on the two documents. The PRESIDENT thanked the members of the Commission for their strong support for the two reports. He also noted the Commission's agreement to the following modifications being made to the English language versions of the reports: In the report on the progress made by Bulgaria - The second sentence of the second paragraph on page 3 should read: "The widespread existence of organised crime and corruption is no longer denied and some efforts are being undertaken by the prosecution and the judiciary to combat these problems." - on page 7, the third paragraph, in square brackets, was deleted. In the report on the progress made by Romania"

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  The fifth sentence of the second paragraph on page 3 should read:

"In particular, the Parliament should take consistent decisions to support the efforts of the executive on judicial reform and eradicating corruption." - The fourth sentence of the second paragraph on page 5 should read:

"It is important that the Parliament shows its full and high degree of commitment to pursuing the fight against high level corruption in order to ensure a positive impact throughout the system." - on page 7, the third paragraph, in square brackets, was deleted.

PV(2009)1883 final (22 July 2009) PV(2009)1883 final 34 Subject to inclusion of these amendments in the respective documents, the Commission:

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  adopted the report on Bulgaria in COM(2009)402 i /2, for transmission to Parliament and the Council, and to national parliaments, accompanied by the technical document distributed as SEC(2009)1074, the contents of which were noted;

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  adopted the report on Romania in COM(2009)401 i /2, for transmission to Parliament and the Council, and to national parliaments, accompanied by the technical document distributed as SEC(2009)1073, the contents of which were noted.