Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania

Съдържание
	Introduction
	Summary of monitoring fidings
	Bulgaria
	Romania
	Safeguards and other measures
	Tools applicable to all Member States
	Tools based on the Accession Treaty
	Accopmanying measures foreseen for the accession of Bulgaria and Romania
	Judiciary and the fight against corruption
	Agricultural funds
	Food safety
	Aviation safety
	Conclusion
	Country Annex Bulgaria
	country Annex Romania

Under the Accession Treaty, there are three types of safeguard measures: the economic, internal market and JHA safeguards⁴, which can be taken up to three years after accession. The latter two can be invoked prior to accession. Once in place, such measures will be applied until the Commission decides to lift the measures upon the resolution of the underlying problems.

The economic safeguard can be invoked to address serious economic difficulties in the current or new Member States after accession.
The internal market safeguard can be invoked when a new Member State causes, or risks causing, a serious breach of the functioning of the internal market. The Commission can take appropriate measures such as excluding this state from the benefits of certain internal market legislation. This safeguard encompasses the internal market in the broad sense, i.e. not only the four freedoms, but also the sectoral policies (e.g. competition, agriculture, transport, telecommunications, energy, consumer and health protection, environment etc.) insofar as they have cross-border effects.

The justice and home affairs safeguard allows the unilateral suspension of the current Member States' obligations in the field of judicial cooperation with the country concerned, both in civil and criminal law as far as legal instruments falling under the principle of mutual recognition are concerned. It can be invoked in case there are serious shortcomings or the risk thereof in these two areas.

In addition, there are transitional arrangements in the Accession Treaty. The first category exists of arrangements which have been agreed during the negotiations for several areas to avoid possible regional or sectoral disturbances in either the new or old Member States. For example, the free movement of workers from new Member States may be restricted by the Member States for up to seven years after accession. Access to the national road transport markets (cabotage) has been temporarily restricted.

Finally, the Accession Treaty foresees a second category of transitional arrangements which the Commission can take during⁵ a period of three years after accession on veterinary, phytosanitary and food safety rules. These measures aim to prevent, for example, non-compliant food establishments from selling their products on the internal market during the transitional period of maximum three years. During this period, such establishments are allowed only to produce goods bearing a specific label and only for the national market. After the transition period, they have to comply with the EU rules or close down.

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4 Article 36, 37 and 38 of the Act of Accession respectively.

5 Article 42 and Annexes 6 and 7 of the Act of Accession.