By Nicholas Newman Editor Oxfordprospect.co.uk

18 August 2006

Could Bulgaria fail to win entry at the final post in its race to join the European Union (EU) on 1^st January 2007? Bulgaria is waiting with trepidation, a favourable report from the EU Enlargement Commissioner Olli Rehn in September and unanimous approval from all member states at an EU Council of Foreign Ministers meeting in 16^th October at Lahti in Finland.

Despite the EU expressing optimism shown by EU Justice Commissioner Franco Frattini that Bulgaria is ‘on the right track’ even the Bulgarian Foreign Minister Ivaylio Kalfin admits that ‘there is still work to be done.’ What could delay Sofia’s entry are Bulgaria’s institutional failures to crack down on to key political policy areas – justice and home affairs. In a desperate attempt to ensure a favourable report from EU Commissioner Rehn the Bulgarian MPs ‘…have given up their traditional long summer break, sunning on the beaches to pass the major changes in the constitution to ensure the necessary reforms are in place,’ says National Assembly Chairman Georgi Pirinski and PM Sergei Stanishev has stated that already Bulgaria ‘has completed 70% of the planned legislation needed to meet the targets set in the accession treaty.’

Certainly, in the final years before accession, the prospect of failure has enabled the Government in Sofia to perform miracles. By October last year Bulgaria had managed to complete, to the EU’s satisfaction, all but six of the sixteen accession treaty criteria over the previous five years. These last six accession criteria are proving to be the hardest for this government led by Prime Minister Sergey Stanishev’s coalition government to achieve. EU Commissioner Olli Rehn has said the Bulgarian government must meet all the EU Copenhagen criteria ‘…not only in word but also in deed,’ and that the Commission will continue to support Bulgaria’s efforts to prepare for accession.

Brussels’ financial aid is focusing on measures to tackle the shortcomings that have been identified. The total volume of pre-accession assistance available is substantial; the EU budget in 2006 for Bulgaria is already around €545 million. However the Commission, it has declared it ‘…won’t hesitate to recommend, if needed, to postpone accession by one year.’

Currently, the following criteria that are causing Commissioner Rehn specific concern are:

• 1.Setting up of a proper integrated administration and control system, for the agriculture sector in order to provide the necessary network of animal based rendering, collection and treatment facilities. This system will monitor animal by products for diseases that are threats to human health, such as TSE (Transmissible Spongiform Encephalopathies, also known as Mad Cow disease).
• 2.Producing clearer improvements in criminal intelligence gathering, investigation and prosecution organized crime networks.
• 3.More effective and efficient implementation of laws in the fight against fraud and corruption.
• 4.Intensified enforcement of anti-money laundering provisions.
• 5.Strengthened financial control for the future use of structural and cohesion funds.

Why these areas are a cause for concern by Brussels is that since the collapse of Communism in Eastern Europe, organized crime and cronyism has been allowed to get out of hand. Corruption has become endemic throughout all levels of society with allegations that public officials, politicians and justice can be bought. The Bulgarian mafia has become expert as the Sicilian mafia in people smuggling, fraud, money laundering, car thefts and credit card fraud. In fact ‘Tsar’ Kiro (alleged gypsy mafia boss) has predicted that the mafia will ‘widen their activities into the rest of Europe.’

Currently it is alleged that corrupt public officials, politicians and members of the mafia have little to fear from the wheels of justice. Over the past few years it is alleged that there has been over 100 contract killings in broad daylight, the sale of passports, and public officials found with state funds in their private bank accounts. Yet despite these cases being widely reported, it would appear such people have little to fear, except for, perhaps, a suspension.

In a desperate attempt to assist Bulgaria in becoming one of its newest members in January, Member states and EU Agencies have been sending in special task forces of experts to help Bulgaria implement the accession reforms. Amongst the agencies involved is Europol (European Police Office) and Eurojust (European Union’s Judicial Co-operation Unit) involved in training the Bulgarian police and justice systems to acquire the very necessary professional skills to fight organized crime and corruption in the country.

Already legislation has been enacted to improve transparency and accountability of public officials by the strengthening the powers of the National Audit Office to investigate and prosecute politicians and public officials’ sources of income and assets. Elsewhere in the country new systems of governance, accountancy, management and control systems are being introduced to meet the requirements of implementing and monitoring EU structural and cohesion funds.

Possibly, all these changes will mean that Bulgaria will not fall at the last hurdle and due to all the help from its new EU friends, it will win a unanimous vote, and the people in Sofia will be celebrating its membership of the EU in the New Year. Only time will tell?

Fact Box

·        Republic of Bulgaria - Council of Ministers.

·        EURO PORTAL

·        EUROPOL, the European Police Office

·        EUROJUST

·        Commissioner Olli Rehn

·        Vice-President Franco Frattini