EU-Report Accession Bulgaria

Chapter 24: Co-operation in the field of justice and home affairs

Since the 2001 Regular Report, Bulgaria has made good progress in aligning with the acquis in most fields of justice and home affairs. However, a major effort is still needed in order to strengthen implementation capacity.

Significant progress can be reported in the area of data protection. The new law on personal data protection entered into force in January 2002, and in June 2002 the Bulgarian National Assembly adopted a decision on the ratification of Council of Europe Convention N°108 for the Protection of Individuals with regard to Automatic Processing of Personal Data. Other categories of data were covered in April 2002 by the adoption of the Law on Protection of Classified Information. The Government also appointed five members of the Commission on Protection of Personal Data. The Commission is a standing body supported by an administration of 15 experts. The 2002 national budget allotted BGN 200 000 (approx. 100 000) to cover salaries and costs.

With the amendments to the Foreign Nationals Act in April 2002 and the adoption of a new regulation on the terms and conditions for issuing visas, Bulgaria made further progress in aligning its visa policy with the policy of the EU. A new version of the visa control computer system has been installed in 30 consular offices. The capacity of the visa centre has been further strengthened by means of additional staff and technical equipment.

An action plan for the adoption of Schengen requirements was approved in November 2001. It defines measures and deadlines in order to achieve compliance with the Schengen acquis. Some progress can be reported in the area of external border control.

In May 2002, the Government adopted a regulation on border checkpoints, thus creating the necessary inter-departmental conditions for integrated border control as an element of the future strategy for integrated border management. Progress has been made with demilitarisation of the border police, which is now in its final stage.

As regards migration, the new ordinance on work permits for foreigners, which entered into force in June 2002, brought the Bulgarian legislation further into line with the acquis. The readmission agreement between Bulgaria and Ireland was signed in January 2002. Readmission agreements were also concluded with Albania and Ukraine.

Bulgaria adopted a new law on asylum in May 2002, which represents significant progress in aligning with the acquis in this field. The number of asylum seekers in Bulgaria remains limited, but continues to increase. Within the first five months of 2002, 1,938 people lodged a request for asylum in Bulgaria. Over the same period, thirty-nine people from six countries were granted refugee status and 377 people from seven countries received humanitarian protection.

With the adoption of amendments to the Penal Code in September 2002, Bulgaria made further progress in the field of police co-operation and the fight against organised crime. The amendments concern acts of terrorism, corruption, organised crime, trafficking of human beings, computer crimes as well as development, accumulation and use of chemical and biological weapons. In order to counteract organised crime, the amendments provide a legal definition of ``organised criminal group'' and new penalties for the establishment, operation and participation in organised criminal groups. They also criminalise conspiracy with respect to organised activities. As regards trafficking of human beings, provisions on penalisation of the trafficking in human beings for the purposes of prostitution, forced labour, transplantation of body organs or keeping human beings in forcible subjection were incorporated in the Penal Code as a separate section. The amendments also criminalise the possession of child pornography. In December 2001 Bulgaria ratified the 2000 UN Convention against transnational organised crime (Palermo Convention) and its supplementary Protocols on trafficking in persons and smuggling of migrants. In August 2002, it ratified the supplementary Protocol on firearms. In July 2002, Bulgaria signed a protocol with Romania aiming at combating transborder organised crime more efficiently.

As regards the fight against terrorism, Bulgaria ratified the International Convention for the Suppression of Terrorist Bombings in November 2001. At the same time, it withdrew its reservation on the extradition clause in Article 13, paragraph 1, of the European Convention for Combating Terrorism. In January 2002, it ratified the 1999 United Nations Convention for the Suppression of the Financing of Terrorism. The amendments to the Penal Code introduced special rules on terrorism and the financing of terrorist activities. They criminalise the establishment and participation in terrorist groups as well as the preparation of terrorist acts and establish rules on confiscation of property.

As far as the fight against fraud and corruption is concerned (see also Section B.1.1. Democracy and the rule of law), in October 2001, Bulgaria adopted a National Strategy against Corruption. This gives special attention to fighting corruption within the customs administration, within agencies under the responsibility of the Ministry of the Interior and within the judiciary. The amendments to the Penal Code adopted in September 2002 criminalise bribery in the private sector, passive bribery of foreign public officials, bribery of arbiters and, in particular cases, of defence lawyers. Moreover, they extend the notion of 'foreign public official', reduce the scope of protection providing for acquittal in some cases of active bribery, and introduce fines as penalty for bribery a well as more severe punishments for passive and active bribery of judges, jury members, prosecutors and investigators. Finally, non-material benefits were included in the subject of bribery.

The adoption of a national drugs strategy in September 2002 by the National Drugs Council represents significant progress in the area. The strategy aims to fulfil the measures set out in the EU Drugs Strategy 2000-2004 and the EU Drugs Action Plan for 2002-2004, but needs to be supplemented by an action plan for its implementation. Bulgaria has established a National Council on Narcotic Drugs, but the administrative capacity of the council is weak and co-ordination of tasks remains a difficult issue. In March 2002, Bulgaria concluded an agreement on information exchange for the prevention of drugs trafficking with Austria, FYROM, and Iran. In February 2002, Bulgaria acceded to the Joint Declaration between the EU member states and candidate countries on drugs.

As regards the fight against money laundering (see also Chapter 4 -- Free movement of capital), an amended Law on Measures against Money Laundering entered into force in January 2002. The amendments reflect the transformation of the Bureau of Financial Intelligence into an Agency, as part of Bulgaria's on-going public administration reforms.

In the area of customs co-operation, in July 2002 the National Assembly adopted amendments to the Road Traffic Act which give specialised mobile customs units the authority to stop vehicles inside Bulgaria for customs controls and inspection.

Some progress has been registered in the field of judicial co-operation in civil and criminal matters. In October 2001, Bulgaria ratified bilateral treaties with Lebanon on extradition, legal aid in civil matters, legal aid in criminal cases and transfer of convicted persons. In January 2002, it amended the law for ratification of the European Convention on Mutual Assistance in Criminal Matters and the Additional Protocol thereto, the Convention on the Transfer of Sentenced Persons, and the European Convention on Extradition and the two Additional Protocols. Bulgaria thereby withdrew its reservation that all requests for assistance in criminal matters, for transfer of convicted persons and for extradition must be submitted to the Bulgarian authorities in Bulgarian, as well as in one of the official languages of the Council of Europe. This reservation had created many practical difficulties, especially in criminal procedures where extradition was requested.

Overall assessment

Since the adoption of the law on personal data protection (see also Chapter 3 ­ Freedom to provide services) and the National Assembly's decision on the ratification of Council of Europe Convention N°108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, legal alignment with the acquis is now well advanced. However, Bulgaria has not yet adopted the necessary implementing legislation.

Despite further efforts, Bulgaria's visa policy is not fully aligned with the EU visa obligations list with regard to nationals of the Federal Republic of Yugoslavia, FYROM and Tunisia. Moreover, it is not yet fully aligned with the EU visa-free travel list. For 22 South and Latin American states, there is still no visa free regime. Although the security features of the new Bulgarian visa sticker meet very high standards, the on-line processing system does not yet extend to all visa-issuing offices. Efforts to equip all diplomatic and consular missions with devices to detect forged or falsified documents should be strengthened, with special priority given to high-risk countries. In order to better combat illegal migration, Bulgaria should limit the number of countries whose holders of diplomatic and service passports are exempted from the visa obligation. Finally, Bulgaria still needs to align its legislation on seamen in transit with the EU acquis.

As regards external borders and preparations for Schengen, major efforts are needed to implement effectively a Schengen-type border security system and to bring Bulgaria's infrastructure and the border police equipment up to EU standards. Preparations for full implementation of the Schengen acquis should comprise further legislative alignment for, inter alia, the differentiation of controls at external and internal borders, the separation of passenger flows for all airports and seaports, cross-border police co-operation as regards hot pursuit and surveillance, extradition and the definition of the term ``foreign national''. As regards administrative capacity, Bulgaria should adopt an integrated border management strategy covering, inter alia, distribution of equipment and staff along the borders and a sea surveillance system. Co-operation with neighbouring countries should be further developed. Major efforts are still required to develop intelligence-based risk assessment and to improve the capacity to conduct co-operation with other law enforcement bodies. Bulgaria should also work on a clear plan for the extension of the Automated Information System and begin to prepare for the establishment of an operational interface to SIS II.

As regards migration, the new ordinance on work permits for foreigners is a positive step towards bringing Bulgaria's legislation further in line with the acquis but further amendments to the 1998 Foreign Nationals Act are still necessary. Readmission agreements have been concluded with all EU Member States, except the United Kingdom, and with Norway, the Czech Republic, Hungary, Poland, Romania, Slovenia, Slovakia, FYROM, Georgia, Ukraine and the Federal Republic of Yugoslavia. Bulgaria should strive for the development of a comprehensive migration policy and for the establishment of a national body for its implementation and co-ordination.

The number of asylum seekers in Bulgaria remains limited, but continues to increase. Bulgaria needs to make further efforts to increase the capacity of the reception centres for refugees and asylum seekers, improve the conditions for integration of refugees, accelerate screening procedures and strengthen the administrative capacity of the State Agency for Refugees. Bulgaria needs to ensure that the criteria and mechanisms for determining the responsible Member State (Dublin Convention) and the rules on comparison of fingerprints can be effectively implemented upon accession.

Limited progress has been made in the field of police co-operation and the fight against organised crime. Bulgaria should adopt and implement a strategy to counter crime, giving special attention to the need to have an accountable, reliable and fully coordinated police organisation. It should also establish a National Contact Point for police co-operation and regulate the operation of foreign police officials in Bulgaria. Statistical instruments for measuring crime rate should be improved, while new methods of technical crime investigation, including development of forensic investigation should be further developed. Legislative change is also needed as regards the operation of services in the area of public order. Bulgaria is a country of origin, transit and to a lesser extent destination, for trafficking in human beings. Existing figures for arrests of traffickers are low and sanctions are weakly implemented, especially when it comes to court cases and sentences. Bulgaria should strengthen its efforts to combat such trafficking and adopt a programme for protection of victims. As regards administrative capacity, the need to further reform law enforcement bodies falling under the responsibility of the Ministry of the Interior continues to require attention. Priority should be given to removing overcomplicated organisational structures, avoiding overlap of responsibilities and to the introduction of a modern human resources policy. There is a strong need for a clear definition of the functional competencies of the different service units and for better coordination and interaction. Moreover, further efforts are needed to prevent police misconduct and corruption. One area where problems have been reported concerns EU citizens driving through Bulgaria and car thefts.

Bulgaria has aligned itself with the international coalition in the fight against terrorism. A number of activities have been undertaken in this respect, but Bulgaria does not yet comply with the acquis and other international standards on the fight against the misuse of the financial system and the financing of terrorism. Further activities should include measures against money laundering and the prevention of the use of the financial system for such purposes.

As regards the fight against fraud and corruption (see also Section B.1.1 -- Democracy and the rule of law), Bulgaria has ratified the Criminal Law Convention on Corruption and is continuing preparations for full co-operation with OLAF upon accession. Bulgaria should pay more attention to the fact that prevention through transparency and accountability standards is as important as repressive tools. With the amendments to the penal code, Bulgaria has achieved part of the objectives of the programme for the implementation of the national anti-corruption strategy. However, full implementation of the strategy requires substantial further efforts.

Strategically located for the fight against drugs and drug trafficking, Bulgaria reports that its authorities seized the largest quantities of heroin and marihuana of all European countries in the first half of 2002. However, implementation of the acquis in this area remains difficult. Bulgaria should as soon as possible elaborate an action plan for the implementation of the newly-adopted drugs strategy, including ensuring sufficient budgetary resources. The National Focal Point to participate in the European information network on drugs and drug addiction (Reitox) of the European Monitoring Centre for Drugs and Drug Addiction still needs to be created. Bulgaria should give priority to strengthening the administrative capacity of the National Drugs Council and make a major effort to improve operational co-operation between the different ministries and services involved.

As regards money laundering, Bulgaria should continue to align its legislation with the acquis. Further steps are needed to strengthen the performance and capacity of the Bureau of Financial Intelligence (see also Chapter 4: Free movement of capital). Enforcement of the existing legislation needs to be considerably improved. Major efforts are needed to improve co-operation between the unit and other law enforcement agencies in the framework of a general review of the procedural and material provisions governing the pre-trial phase. The Bureau of Financial Intelligence needs to have sufficient administrative capacity, stability and independence. Specialised training and adequate equipment should be provided.

Bulgaria is party to the major international agreements in the area of customs cooperation. Bulgaria has started to take some measures in order to implement upon accession the 1997 Convention on Mutual Assistance and Co-operation between Customs Administrations and the 1995 Convention on the use of information technology for customs purposes. Further alignment with the acquis is needed as regards controlled deliveries, cross-border surveillance and hot pursuit. Bulgaria should continue to conclude Memoranda of Understanding with business organisations and step up interagency co-operation in the field of drugs. Bilateral co-operation agreements have been concluded with Armenia, Austria, Azerbaijan, FYROM, Greece, Iran, Mongolia, Romania, the Russian Federation, Turkey, the United Kingdom, Ukraine, the USA and the Federal Republic of Yugoslavia. Bulgaria should conclude further co-operation agreements on mutual assistance in customs matters and strengthen the administrative capacity for handling requests for international mutual assistance and co-operation. As regards administrative capacity and the fight against corruption in this sector, Bulgaria has launched an in-depth reform of the Customs Agency (see also Chapter 25 -- Customs Union) and the Strategy and Action Plan to combat corruption include special measures to combat corruption in the customs administration.

As regards judicial co-operation in criminal and civil matters, Bulgaria has continued to ratify international conventions included in the acquis. However, in the civil area, it has not yet acceded to the European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (1980) or to the Convention on the Civil Aspects of International Child Abduction (1980). Bulgaria should take further measures to ensure implementation of the Community instruments in the area of judicial co-operation in civil matters, notably as regards mutual recognition and enforcement of judicial decisions. Direct contacts between competent judicial authorities should be made possible. As regards judicial cooperation in penal matters, amendments to the Penal Procedure Code and further amendments to the Penal Code are necessary in order to accede to and implement the EU Convention on Mutual Assistance in Criminal Matters. Bulgaria should take the necessary steps to prepare for the full implementation upon accession of the instrument applying the principle of mutual recognition and in particular the Framework Decision on the European arrest warrant and the Framework Decision on the execution of orders freezing property or evidence. It should also ratify the Council of Europe Convention on Cybercrime.

Bulgaria is a party to all human rights instruments that are part of the justice and home affairs acquis.

Conclusion

In its 1997 Opinion, the Commission concluded that it would be difficult to meet the acquis requirements in the medium term, given the scale of the problems facing Bulgaria in the justice and home affairs field. It added that a major, sustained effort would be needed, with particular emphasis on improving the efficiency and effectiveness of justice and home affairs institutions.

Since the Opinion, Bulgaria has made substantial progress in strengthening the relevant institutions and in aligning with the acquis. Fundamental reforms have been initiated in several areas. The judicial reform programme has been partly implemented and is brought forward according to plan. While the level of approximation achieved so far is encouraging, considerable further work lies ahead in terms of alignment and in particular to further strengthen the administrative capacity in this area.

Negotiations on this chapter are continuing. Bulgaria has not requested any transitional arrangements in this field.

Bulgaria should focus further efforts on substantially strengthening the capacity of its judiciary and law enforcement agencies and improving co-operation between the different agencies. Particular attention should be given to the bodies in charge of the fight against fraud, corruption, money laundering, Schengen, co-ordination of police activities and anti-drugs policy. Work on legislative alignment (visa policy, migration, money laundering) should continue.

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