The motion under discussion today has been moved in the context of Ireland's ratification of the accession treaty for Bulgaria and Romania. Our ratification process consists of three steps. The adoption of this motion and the passage of a Bill amending the European Communities Act will be followed by the signature and deposition of a formal instrument of ratification.
Our ratification legislation was debated last week on Europe Day. It was gratifying to find such strong support on all sides of the House for the accession of Bulgaria and Romania. A number of Deputies signalled their support for accession to take place as planned in January 2007. The debate was adjourned and is set to resume on 25 May, after which the Bill will move on to Committee Stage.
The debate on the Bill provided a useful occasion to reflect on the forthcoming accession of Bulgaria and Romania, as well as on the more substantive issues surrounding enlargement. As the Joint Committee on European Affairs was briefed by both the Bulgarian and Romanian ambassadors in advance of the debate, I will not revisit all the ground covered in recent weeks.
In the context of the motion, I will speak briefly on the treaty and update the committee on the European Commission's most recent monitoring report which was issued yesterday.
Negotiations with Bulgaria and Romania commenced early in 2000. Following the formal closure of negotiations with them in December 2004, a treaty-drafting group was charged with the responsibility of examining the legal text proposed by the European Commission and giving effect to what had been agreed politically. The accession treaty was approved by the European Parliament on 13 April 2005 and signed by Bulgaria and Romania and the 25 EU member states on 25 April of that year. It was agreed at the outset that the accession treaty in respect of the ten countries that joined the EU in 2004 would form the basis of the drafting work. That simplified matters, allowing the group to focus on specific measures negotiated with Bulgaria and Romania and the important possibility that the European constitutional treaty might be in force at the time of accession.
The most significant change from 2003 was that the current accession treaty had to provide for the possibility that the proposed EU constitution would be in force on the date of accession. Consequently, the treaty provides for accession by way of a protocol to the constitution and for the more traditional Act of accession allowing for accession under the existing treaty arrangements. Unfortunately, as a result of the delay in bringing the new constitution into force, Bulgaria and Romania will now join the Union through an Act of accession.
Another departure from the 2003 treaty is a provision for delaying the accession of Bulgaria or Romania for one year. That can be done if the European Council decides, on the basis of a recommendation from the EU Commission, that either country cannot meet the obligations arising from EU membership by 1 January 2007. That Council decision would need to be taken unanimously in the case of Bulgaria and by qualified majority vote in the case of Romania. The difference in procedure relates to the fact that, when the treaty was negotiated, Bulgaria was perceived as being the better prepared of the two.
The accession treaty also provides for the same transitional measures regarding the free movement of Bulgarian and Romanian workers as was the case for those countries that acceded in 2004. Under the terms of the treaty, member states can choose to apply national measures for co-ordinating access to the labour markets for up to two years after the date of accession. Thereafter, member states can opt to inform the European Commission of their intention to maintain restrictions for a further three years. We have recently seen four more countries open their labour markets to the ten new member states. It is disappointing that more member states did not choose to follow Ireland in that regard.
Ireland's decision on the free movement of workers from Bulgaria and Romania will be taken later in the year, when we will have a clearer picture of the coming needs of our labour market and other member states' intentions. Whatever decision we take, we cannot be accused of any lack of generosity or EU solidarity, given that we have accommodated a very significant number of workers from the countries that joined in May 2004.
Yesterday, Commissioner Olli Rehn presented the European Commission's comprehensive monitoring report on Bulgaria and Romania to the European Parliament and announced that the Commission's final recommendation on the date of accession would not now be made until after the Commission's final monitoring report in the autumn. It had been expected that a recommendation would have been made based on yesterday's report.
While a final decision on the date of accession has been postponed until the autumn, I am pleased that the Commission has concluded that the target date of 1 January 2007 remains possible for both countries. This reflects the intensive efforts by the two since the Commission's last monitoring report in October 2005. Both countries have significantly reduced the number of issues that must be addressed before accession. Bulgaria has reduced the number of so-called "red flag" issues from 16 to six and Romania has reduced them from 14 to four.
Some problem areas are common to the two countries, particularly putting in place the necessary arrangements for the disbursement of EU funds. In agriculture, both must establish a proper, integrated administration and control system. There is a need to build up rendering, collection and treatment facilities. However, while both countries must sustain their efforts in reforming their judiciaries and fighting corruption, Bulgaria has been singled out as needing to devote urgent attention to the area. According to the Commission, Bulgaria must show tangible results in investigating and prosecuting organised crime networks, more efficient and systematic implementation of laws to fight fraud and corruption and intensified enforcement of anti-money laundering provisions.
The most important comment by Commissioner Rehn yesterday was that the date of 1 January 2007 remains achievable for both countries as long as they address the issues that remain outstanding. While obviously less positive than a green light, the delay in finally confirming the date of accession will maximise the incentive for reform in the coming months. The Commission has also alluded to the possibility of post-accession safeguards in sectors with particular difficulties. I am sure that both Romania and Bulgaria will strive to go the extra mile in addressing those remaining issues so that they can join the European Union on 1 January 2007. Both will enjoy Ireland's continued support in their efforts.
I wish to refer to the point made by Commission President Barroso yesterday. He emphasised the fact that by urging Bulgaria and Romania to fulfil all the requirements of membership, member states should also fulfil their own obligations by ratifying the accession treaty. To date, Bulgaria, Romania and 14 current member states have done so. It will be important for Ireland to keep pace with the other member states in ratifying the treaty. I hope that this motion and our ratification legislation will be passed during the summer session, thereby allowing for formal ratification to be completed in the autumn.
We are required to ratify the treaty by the end of this year, irrespective of whether the accession date is confirmed as 1 January 2007 or deferred for up to a year. We must play our part in the completion of the Union's historic fifth enlargement, which has put an end to divisions that plagued our continent for decades following the Second World War. Bulgaria and Romania are two countries that suffered greatly from Europe's past divisions. Notwithstanding the problems with which the two continue to grapple, I believe that they will be welcome additions to the European Union. I commend this motion to the committee for its approval.
