The Shengen Action Plan

Document provided by Bulgaria

Republic of Bulgaria

Supplement to the Additional Information

CONF-BG 55/02 + ADD 1-35 and CONF-BG 03/03 + ADD 1-4

On Chapter 24

“Co-operation in the Fields of Justice and Home Affairs”

June, 2003

20036/03CONF-BG 16/031

EN

Table of Contents

Table of Contents

Schengen Action Plan (SAP)

First set of additional questions – 16th April 2003

General remarks

To be taken into account in a next revision

Specific remarks and questions

Various issues

Second set of additional questions – 4th June 2003

Reform of the Judiciary

First set of additional questions /Part I./ - 25th April 2003

General

Specific and related to the last questions of the EUCP......

First set of additional questions /Part II./ - 30th April 2003

Second set of additional questions – 23rd June 2003

Data Protection

First set of additional questions – 18th February 2003

Second set of additional questions – 30th April 2003

Visa Policy

First set of additional questions – 12th March 2003

Second set of additional questions – 15th May 2003

External Borders

First set of additional questions– 19th February 2003

Migration

First set of additional questions – 18th February 2003

Second set of additional questions – 30th April 2003

Asylum

First set of additional questions – 12th March 2003

Second set of additional questions – 15th May 2003

Police Co-operation

First set of additional questions – 11th April 2003

Fight against Terrorism

First set of additional questions – 18th February 2003

Fight against Fraud and Corruption

First set of additional questions – 16th April 2003

Co-operation with OLAF (Article 7)

Money laundering

BFI Agency

Reports on suspicious transactions

Co-operation of BFI Agency with other law enforcement bodies

Anti-Corruption Strategy and Action Plan

Second set of additional questions – 24th April 2003

Third set of additional questions – 9th May 2003

Fourth set of additional questions – 10th June 2003

Money laundering

Anti-Corruption Strategy

Fifth set of additional questions – 13th June 2003

Fraud & Corruption: Convention on the Protection of the Communities’ Financial Interests

Drugs

First set of additional questions – 18th February 2003

Second set of additional questions – 19th May 2003

Third set of additional questions – 11th June 2003

Customs Co-operation

First set of additional questions – 12th March 2003

Second set of additional questions – 16th May 2003

Judicial Co-operation in Civil and Criminal Matters

First set of additional questions – 12th March 2003

Second set of additional questions – 23rd May 2003

Annexes

Annexes to sector “Reform of the Judiciary”

Annex No 1: Declaration on the Main Guidelines for a Reform of the Bulgarian Judiciary

Annex No 2: Decision of the National Assembly

Annex No 3: Decree No 73 of 31 March 2003

Annex No 4: Court Officers Need Assessment Report

Annex No 5: Budget Comparative Table

Annex No 6:Structural Regulation of the Ministry of Justice

Annex No 7: Trainings

Annex to sector “Police Cooperation”

Annex No 1: Law on the Ministry of the Interior /extract/

Annexes to sector “Fight against Fraud and Corruption”

Annex No 1:Measures against Money Laundering Act

Annex No 2: Annual Report for 2002 of the Bureau of Financial Intelligence Agency

Annex No 3: Report on the Implementation of the National Anti-Corruption Strategy for 2002

Annex No 4: Decision No 77 of 11 February 2002 of the Council of Ministers

Annex to sector “Judicial Cooperation in Criminal and Civil Matters”

Annex No 1: Trainings

20036/03CONF-BG 16/031

EN

The Republic of Bulgaria wishes to refer to its Additional Information No. CONF-BG 55/02 of 30.10.2002 and No. CONF-BG 03/03 of 16 April 2003 on Chapter 24 “Co-operation in the Fields of Justice and Home Affairs” and presents to the attention of the Accession Conference a Supplement comprising the information that has been exchanged with the respective services of the European Commission in the form of sets of additional questions and answers, as follows:

1. On sector “Schengen Action Plan”:
2. Two sets of additional questions.
3. On sector “Reform of the Judiciary”:
4. Two sets of additional questions.
5. Seven annexes.
6. On sector “Data Protection”:
7. Two sets of additional questions.
8. On sector “Visa Policy”:

• Two sets of additional questions.

1. On sector “External Borders”:
2. One set of additional questions.
3. On sector “Migration”:

• Two sets of additional questions.

1. On sector “Asylum”:
2. Two sets of additional questions.
3. On sector “Police Co-operation”:
4. One set of additional questions.
5. One annex.
6. On sector “Fight against Terrorism”:

• One set of additional questions.

1. On sector “Fight against Fraud and Corruption”:

• Five sets of additional questions.
• Four annexes.

1. On sector “Drugs”:
2. Three sets of additional questions.
3. On sector “Customs Co-operation”:
4. Two sets of additional questions.
5. On sector “Judicial Cooperation in Criminal and Civil Matters”:
6. Two sets of additional questions.
7. One annex.

20036/03CONF-BG 16/031

EN

Schengen Action Plan (SAP)

First set of additional questions – 16th April 2003

General remarks

The updated Schengen Action Plan has to be officially forwarded to the Accession Conference.

The updated Schengen Action Plan 2003 was officially submitted to the Accession Conference on 10 April 2003.

The adopted National Anti-Drug Strategy 2003-2008 (adopted on 25 February 2003) has to be officially forwarded to the Accession Conference.

The National Anti-Drugs Strategy was officially submitted to the Accession Conference on 10 April 2003.

Carrier liability: in the additional information under “Migration” it is stated that amendments to the Foreign Nationals Act in order to align with article 26 of the Schengen Implementation Agreement, have been adopted on 26 September 2002. However: in the updated Schengen Action Plan and the Report on the Implementation it is stated that these amendments were adopted at a first reading by Parliament on 6 February 2003. Final adoption is awaited and foreseen on 30 June 2003 (see page 3 and 4 Schengen Action Plan). Please clarify!

As stated in the previous additional information, the draft law amending the Foreign Nationals Act was approved by the Council of Ministers on 26 September 2002. The draft was submitted to the National Assembly on 1 October 2002 and passed first reading on 6 February 2003.

On 9 April 2003 the National Assemblyadopted the amendments to Foreign Nationals Amending Act.

Judicial co-operation, page 29: in the additional information under “Judicial co-operation in criminal and civil matters” it is stated that the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters will be ratified by the end of 2002. The updated SAP mentions: by the end of 2003. Please clarify!

The deadline for ratification of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters has been changed from the end of 2002 to the end of 2003. This was necessitated due to the complex and entirely new for the Bulgarian penal procedure law, character of the regulations in the protocol whose introduction in the Penal Procedure Code would be more time consuming than originally envisaged for achieving full precision and compatibility with the general procedure rules of the Penal Procedure Code. It must be taken into account that the Second Additional Protocol creates difficulties for other states as well, which is obvious from the small number of ratifications (2 states) and is the reason why it has not come into force yet.

Judicial co-operation, page 30: in the additional information it is stated that the new Extradition Act will be adopted by the end of 2003. The updated SAP mentions 31 December 2004. Please clarify!

The extension of the deadline for adoption of a new ExtraditionAct was required in view of the forthcoming ratification of the European Convention on the International Validity of Criminal Judgements (Council of Europe, Hague, 1970) by the end of 2003 and the entry into force of the Framework Decision on a European Arrest Warrant on 1 January 2004, whose provisions must be reflected in the new Bulgarian legislation on extradition. In order to establish the most appropriate model for Bulgaria, it will be necessary to collect and study additional information on the legislation and practice of the EU Member States regarding the recognition and enforcement of judgements of foreign courts as well as regarding the amendments envisaged in connection with the implementation of the Framework Decision on a European Arrest Warrant.

Visa, page 14: as regards the positive list, the text is not consistent with the additional information where a firm commitment “upon accession” has been taken. Please align the SAP.

The remark has been taken into account.

To be taken into account in a next revision

Borders, page 9, point 4 SAP: a reminder Decision COM-ex 94 (16)rev on the acquisition of common entry and exit stamps is one of the provisions to be applied upon accession.

The Decision of the Executive Committee of 21 November 1994 on the acquisition of common entry and exit stamps (SCH/Com-ex (94) 16 rev) provides for acquisition and affixation of common stamps upon crossing “Schengen external borders”. The deadline for design, production and introduction of border entry and exit stamps in accordance with the Schengen requirements has been set on the basis of the above.

The production and introduction of such stamps does not require a lengthy period of time or a lot of financial resources. Having this in mind, Bulgaria is ready to produce and use the stamps as of date of accession to the EU, provided that their technical specifications are made available to Bulgaria by the European Commission in due course.

Borders, page 12: the heading is “co-operation between Contracting Parties”, therefore it is better to delete FYROM, Russian Federation and Georgia. Co-operation with these countries can be dealt with in the additional information.

The remark has been taken into account.

Visa, page 13: Reg. 539/01 has two amendments (No.2414/2001 (Romania) and No. 453/2003 (Ecuador), which should be reflected in the SAP.

The remark has been taken into account.

Visa, page 15: Reg. 539/01 need to be deleted here, this is the part on the uniform visa sticker.

The remark has been taken into account.

Visa, page 16: the SAP also need to clearly reflect (beside the uniform Schengen visa) the “EU uniform sticker”, which has to be introduced upon accession.

The remark has been taken into account.

Visa, page 16: the last part of the listed acquis “EU Joint Action on Airport Transit Arrangements” can be deleted. This part of the acquis has been superseded by Annex 3 of the CCI.

The remark has been taken into account.

SIS: please list in the acquis the following: Council Decision 2001/886/JAI and Council Regulation 2424/2001 of 6 December 2001 on the development of SIS II.

The remark has been taken into account.

Specific remarks and questions

Equipment

It would be useful to insert the numbers of equipment that are necessary. See first SAP and additional information.

The remark has been taken into account.

The list in the first SAP mentions: maritime patrol ships (2pcs), which is not mentioned in the revised SAP. In the revised SAP 200-tone patrol ships are mentioned. Is this the same?

Both types of patrol ships mentioned in the SAP are maritime. Out of three, two 50-ton patrol ships have already been delivered. Out of two, one 200-ton patrol ship has been delivered, too.

One 50-tone patrol ship and one 200-tone patrol ship are yet to be delivered, which has been mentioned in the updated SAP.

The Report on the implementation gives an overview of the equipment acquired in the reporting period. Can they be subtracted of the total numbers necessary?

The remark has been taken into account.

Staff

According to the Programme for gradual replacement etc. it is envisaged that on 1 October 2002, 219 conscripts would be replaced by 500 sergeants and 25 officers and that the remaining 394 conscripts would be dismissed as of 1 January 2003. Has this goal been achieved and are the 500 new sergeants already trained?

The implementation of the Programme for Gradual Replacement of Military Conscript Staff with Professional Border Police Officers at the National Border Police Service was completed according to schedule. All newly recruited sergeants have undergone obligatory initial border police training with duration of 4-5 months. They will also attend additional short-term specialised border police training courses organised in compliance with the 12-month training course at the Border Police Training Centre in Pazarjik, which started on 1 April 2003, without doing the full course.

In the additional information it is mentioned that as of June 2002 the National Border Police Service employs 8.000 people, including administrative staff and conscripts. Please provide an overview as of 1 January 2003 of the posts available, the posts fulfilled (which means staff employed) for border police staff and for administrative staff. This overview should include the number of staff employed at the various borders (how many at each border) in order to be able to make an assessment. According to our calculation and in relation to the Programme as of 1 January 2003 there are 4811 (previous DCP) + 2.100 (replacement for 3013 conscripts) = 6.911 staff.

Following the completion of the implementation of the Programme for Restructuring of the National Border Police Service aimed at providing security of the future external borders of the EU, as well as following the implementation of the Programme for Gradual Replacement of Military Conscript Staff with Professional Border Police Officers, the staff of the National Border Police Service amounts to 8,026 people, including officers, sergeants (NCOs) and civil administration. The deployment of the professional border police officers and the administrative staff by borders is as follows:

• Greek border /532.5 km/ - 1800 officers and NCOs and 141 administrative personnel
• Turkishborder /268 km/ - 1315 officers and NCOs and 138 administrative personnel
• Serbia and Montenegro border /362.1 km/ - 686 officers and NCOs and 76 administrative personnel
• Romanianborder /610 km/ - 1184 officers and NCOs and 98 administrative personnel
• Black Sea Border /411.6 km/ - 712 officers and NCOs and 66 administrative personnel
• FYROM border /185.8 km/ - 592 officers and NCOs and 45 administrative personnel
• International airports - 472 officers and NCOs and 27 administrative personnel

What are the plans for filling the vacancies?

At the moment there are 136 vacancies for NCOs which will be filled by the end of June 2003. The training of those NCOs in the full 12-month border police course will start upon their recruitment.

Various issues

Training: it is stated that from 1 April 2003 a full twelve-month training course for newly appointed officers will start. Has this deadline been met? Does this also mean that the 100 newly appointed officers have to go back to the Training Centre for one full year, while they already have had their initial training in 2002. Please clarify.

The deadline for commencement of a 12-month training course at the Border Police Training Centre in Pazarjik has been met. Apart from NCOs, newly recruited officers who have undergone obligatory training will undergo additional specialised border police training.

Twinning projects: it is stated that the establishment of a unified radio surveillance system by the end of 2002. However and as far as we know this is part of a twinning project BG 0203.11, which according to our information will start at 1 June 2003. Please clarify your date mentioned in your additional information. The same applies for the envisaged date given for the development and establishment of Command and Communications Centres for Black Sea and the River Danube (envisaged start beginning 2003).

According to the supplementary information, “the establishment of a unified radio surveillance system is envisaged to start by the end of 2002 with assistance provided in the framework of a PHARE Project as well as funds from the national budget.” On Bulgarian side the project is implemented by the Maritime Administration Executive Agency. The implementation of the project has started according to schedule.

The twinning covenant for the BG 0203.11 Project has been signed by Bulgaria and the German partner. The initial activities under the Covenant are scheduled to start in May 2003 though the actual implementation of the project will depend entirely on the completion of the obligatory procedures for its approval by the European Commission.

Co-operation agreements on the basis of article 7 Schengen with Romania and Greece: according to the updated Schengen Action Plan the approval of the Council of Ministers will be achieved on 31 March 2003. Has this deadline been met?

The draft Agreement between the Government of the Republic of Bulgaria and the Government of the Hellenic Republic on Co-operation between the Border Security Authorities in the Border Areas was approved by the Council of Ministers on 3 April 2003. It was officially submitted to the Greek side on 7 April 2003. On 10 April 2003 the Council of Ministers approved also a draft co-operation agreement with Romania.

The Schengen Action Plan indicates that in the context of expanding the bilateral and multilateral co-operation with the Black Sea region countries, an Agreement on coast guard co-operation with Turkey has been concluded on 18 April 2002. Furthermore, it is stated that a draft specimen bilateral agreement for the above-mentioned co-operation between the countries in the Black Sea region will be elaborated on 30 September 2004. Please clarify this deadline taking into account that there is already an agreement on this issue concluded with Turkey. Could this agreement not serve as an example for the other countries in the Black Sea Region?

The elaboration of a framework bilateral Agreement for Co-operation with the Black Sea countries is envisaged to take place under the above-mentioned twinning project so as to make an extensive use of European experience and expert support in attaining full compliance with European/Schengen requirements. The envisaged framework agreement will serve as a basis for regulation of the co-operation between the border police authorities of the Black Sea countries and will cover a wide range of relations. The Coast Guard Co-operation Agreement, which has been signed with the Republic of Turkey, has a more limited scope and regulates a specific set of relations with a separate structure in the Turkish border security system. Therefore, this agreement could not serve as a basis for elaboration of the framework agreement for co-operation with the Black Sea countries, but would still be taken into account as much as possible.

The Schengen Action Plan mentions the start of the Centre for co-ordination, control and exchange of information on Black Sea traffic, envisaged for 30 September 2004, while the first Schengen Action Plan mentions as deadline 2002. Please clarify the difference between those deadlines.