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Rule of Law: EU Commission formally closes the CVM for Bulgaria and Romania

Sep 15, 2023 , , , , , ,
Brusssels, 15 September 2023

Today, the European Commission formally closes the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania. The Cooperation and Verification Mechanism had been introduced at the accession of Bulgaria and Romania to the European Union in 2007 as a transitional measure to facilitate progress in the fields of judicial reform and anti-corruption, as well as on organised crime for Bulgaria. The Commission has now repealed the two decisions that had established that mechanism.

President Ursula von der Leyen said:

“I would like to congratulate Bulgaria and Romania for the significant progress they made since their accession to the EU. The rule of law is one of our fundamental common values as a Union and both Member States have delivered on important reforms in these past years. Today we recognise these efforts by putting an end to the CVM. Work can now continue under the annual rule of law cycle as for all Member States.”

Since the start of the CVM in 2007, the Commission has regularly reported on progress on the relevant reforms in Bulgaria and Romania. In October 2019, the Commission published its last CVM report on Bulgaria and in November 2022 the last one on Romania. For both Member States the Commission concluded that they had satisfactorily met their obligations set out under the CVM at the time of accession to the Union and needed to continue working to implement specific commitments listed in the conclusions of the reports. This work was completed in June 2023.

On 5 July 2023, the Commission informed both the Council and the European Parliament of its intention to formally close the CVM for Bulgaria and Romania after all the specific commitments listed in the conclusions of the CVM reports had now been implemented. In line with the decisions setting up the mechanism, the CVM ends when all the benchmarks are satisfactorily met. Today’s decisions reflect the Commission’s conclusion that this is now the case for both Member States.

The Commission looks forward to continuing cooperation with Bulgaria and Romania under the annual Rule of Law Cycle as for all Member States.

Background

When they joined the EU on 1 January 2007, Bulgaria and Romania still had progress to make in the fields of judicial reform and anti-corruption, as well as in organised crime for Bulgaria. The Commission set up the CVM as a transitional measure to assist the two countries to remedy these shortcomings. Work under the CVM has been ongoing since 2007 to encourage and follow the reform process, based on the benchmarks. As set out in the CVM Decisions of 2006, the CVM is brought to an end when all the benchmarks are satisfactorily met.

In January 2017, the Commission undertook a comprehensive assessment of progress over the ten years of the mechanism, which gave a clear picture of the significant progress made. The Commission set out a number of specific recommendations which, when met in an irreversible manner by both Member States, would suffice to end the CVM process.

In its October 2019 CVM report, the Commission concluded that Bulgaria had fulfilled the remaining CVM recommendations satisfactorily, and that Bulgaria had made sufficient progress in meeting its commitments at the time of its accession to the EU and that all benchmarks can be satisfactorily closed. Bulgaria still needed to continue working to implement specific commitments listed in the conclusions of the report, a work that has been completed in June 2023. Since then, Bulgaria is no longer monitored or reported upon under the CVM and it is monitored within the annual Rule of Law Cycle with the Commission’s annual Rule of Law Report.

Similarly, in the November 2022 CVM report, the Commission concluded that Romania has made sufficient progress in meeting its commitments at the time of its accession to the EU and that all benchmarks can be satisfactorily closed. Romania still needed to continue working to implement specific commitments listed in the conclusions of the report, a work that has been completed in June 2023.

After informing the Council and the Parliament in July 2023 of its intention to close the CVM, the Commission has today adopted two Decisions repealing Commission Decisions 2006/928/EC and 2006/929/EC, thereby formally closing the CVM.

The evolution of the Union’s rule of law landscape has given a new context for the Commission’s cooperation with Bulgaria and Romania. In particular, the Rule of Law Cycle, launched by the Commission in 2019, has provided an ongoing framework with a long-term perspective to accompany sustainable reform, with both Bulgaria and Romania as with other Member States. As part of that cycle, the Commission’s annual Rule of Law Report, which since 2022 also includes recommendations to the Member States, acts as a preventive tool, deepening dialogue and joint awareness of rule of law issues. It also enables the monitoring of the implementation of many of Bulgaria’s and Romania’s agreed reforms. Their progress has also been monitored where relevant within the framework of the European Semester.

For More Information

Questions & Answers 

All CVM Reports

Rule of Law Reports

Quotes

I would like to congratulate Bulgaria and Romania for the significant progress they made since their accession to the EU. The rule of law is one of our fundamental common values as a Union and both Member States have delivered on important reforms in these past years. Today we recognise these efforts by putting an end to the CVM. Work can now continue under the annual rule of law cycle as for all Member States.

Ursula von der Leyen, President of the European Commission – 15/09/2023

I am pleased that today we can officially say: Bulgaria and Romania have satisfied the benchmarks set in the Cooperation and Verification Mechanism. Their commitment and close work with the Commission over the years has paid off. It will be important to keep the momentum and continue the efforts under the annual rule of law cycle. This is a good day not only for Bulgaria and Romania but for the European Union as a whole.

Věra Jourová, Vice-President for Values and Transparency – 15/09/2023
Source – EU Commission

Q&A: EU Commission closes the Cooperation and Verification Mechanism (CVM) for Bulgaria and Romania

 

Brussels, 15 September 2023

Why is the Commission putting an end to the CVM?

The CVM is brought to an end when all the benchmarks are satisfactorily met, as set out in the CVM Decisions. Bulgaria and Romania have now met all the benchmarks and fulfilled all the recommendations under the CVM. Already in our last reports for both Member States, [BG 2019, RO 2022] we concluded that they have made sufficient progress in meeting their commitments at the time of their accession to the EU and that all CVM benchmarks have been satisfactorily fulfilled. Both countries needed to continue working to implement specific commitments listed in the conclusions of the reports. This work was completed in June 2023. The sustainability and irreversibility of reforms, as well as all other relevant rule of law issues, will continue to be monitored in the Rule of Law reports, as for all Member States.

With the CVM closed, how will remaining shortcomings and possible new emerging issues be monitored and addressed?

As for all Member States, monitoring continues within the Rule of Law Cycle.The annual Rule of Law Report examines several issues explored previously under the CVM, as well as many other topics, and serves as a preventive measure helping to address remaining shortcomings and possible new emerging issues. Bulgaria and Romania have shown commitment to this process, and it has proven to be a relevant tool for the Commission to pursue work with both countries on necessary reforms. The Commission has also strengthened its Rule of Law toolbox since the CVM was established. It includes both preventive tools with the Rule of Law cycle and annual reports with recommendations, as well as reactive tools such as infringement procedures or the conditionality regulation. In addition, the Bulgarian and Romanian Recovery and Resilience Plans include concrete milestones on rule of law issues, such as judicial reform and anti-corruption frameworks.

Do Member States have to agree and reach conclusions before the Commission can put an end to the mechanism?

Revoking the CVM is a Commission Decision, which does not require prior Council approval. Under the 2nd subparagraph of Articles 37 and 38 of the Act of Accession, which constitute the legal basis for the two CVM Decisions, the ‘Commission shall inform the Council in good time before revoking the safeguard measures [the Mechanism], and it shall duly take into account any observations of the Council in this respect’.

On 5 July 2023, the Commission informed both the Council and the European Parliament of its intention to formally close the CVM for Bulgaria and Romania. The Commission has taken account of the Council’s observations as provided in the Act of Accession and has now taken the decision to definitively close the CVM.

Are all issues covered previously under the CVM also covered under the Rule of Law Cycle?

The Commission’s annual Rule of Law Report has a broader scope than the reports under the CVM, which were limited to the benchmarks set out in the Decision establishing the CVM. Besides judicial independence and anti-corruption, the Rule of Law report covers also aspects on media freedom and pluralism and on other institutional checks and balances.

What about Schengen accession of Bulgaria and Romania?

The Commission has always been very clear that we need to open the Schengen area to Bulgaria and Romania. For 12 years Bulgaria and Romania have continuously met all the necessary conditions to join the Schengen area, as set out in the Schengen Regulation. Schengen enlargement remains a political priority for the Commission. Bulgaria and Romania should be allowed to fully participate in the Schengen area without further delay.

The Commission has never made a link between Schengen accession and the CVM, as these are separate strands of work, each with its own requirements.

For More Information

Press release

All CVM Reports

Rule of Law Reports
Source – EU Commission

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