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Commission reports on progress in Bulgaria under the Cooperation and Verification Mechanism
from: HUMAN RESOURCES DEVELOPMENT AGENCY

Today's report looks at the progress made over the past year to meet the final 17 recommendations issued by the Commission in its January 2017 report. It positively notes that Bulgaria has worked consistently on the implementation of these recommendations.
The Commission considers that the progress made by Bulgaria under the CVM is sufficient to meet Bulgaria's commitments made at the time of its accession to the EU. Bulgaria will need to continue working consistently on translating the commitments reflected in this report into concrete legislation and on continued implementation. Bulgaria will need to monitor the continued implementation of the reform with a newly-established post-monitoring council, and that will feed into the future dialogue with the Commission in the framework of the comprehensive rule of law mechanism. Both the internal post-monitoring and the EU-wide mechanism should support sustainability and irreversibility of reforms, even after an end of the CVM for Bulgaria. Before taking a final decision,the Commission willalso take duly into account the observations of the Council, as well as of the European Parliament.
Since the last report in November 2018, the Commission has seen consolidation in Bulgaria of the legal and institutional framework put in place over previous years. Translating this into results over the long term will now require determination and follow-up, first of all at national level, notably by the post-monitoring council which will be co-chaired by a deputy Prime Minister in charge of judicial reform and the representative of the Supreme Judicial Council. The responsibility to ensure the respect of the rule of law and a proper functioning of the state is an internal constitutional responsibility of all national governments towards their people. It is also their responsibility towards the European Union and their fellow Member States. In this respect, the issues addressed by the post-monitoring council will also feed into the dialogue with the Commission in the framework of the future EU rule of law mechanism.
In addition to the commitment to pursue reforms in relation to the fight against corruption, the Commission notes in particular the commitment of the Bulgarian government to put in place procedures concerning the accountability of the Prosecutor General, including safeguarding judicial independence in line with the Venice Commission recommendations. The Commission also notes the commitment of the Bulgarian authorities to adopt legislation to repeal provisions in the Judicial System Act requiring automatic suspension of magistrates in case of a criminal investigation against them and reporting of membership in professional associations.
Background
The Cooperation and Verification Mechanism (CVM) was established at the accession of Bulgaria to the European Union in 2007 as a transitional measure to facilitate Bulgaria's continued efforts to reform its judiciary and step up the fight against corruption and organised crime. It represents a joint commitment of the Bulgarian State and of the EU. In line with the decision setting up the mechanism and as underlined by the Council, the CVM ends when all the benchmarks applying to Bulgaria are satisfactorily met.
In January 2017, the Commission undertook a comprehensive assessment of progress over the ten years of the mechanism. This perspective gave a clearer picture of the significant progress made since accession, and the Commission was able to set out seventeen recommendations which, once fulfilled, would suffice to end the CVM process. Ending the CVM was made dependent on fulfilling these recommendations in an irreversible way, and on the condition that developments did not clearly reverse the course of progress.
Since then, the Commission has carried out two assessments of progress on the implementation of the recommendations. In the November 2017 report, the Commission concluded that significant progress had been achieved. While the Commission could not yet determine that any of the benchmarks were satisfactorily fulfilled, it made clear that, with a continued political commitment and a determination to advance with reforms, Bulgaria should be able to fulfil the remaining outstanding CVM recommendations in the near future. The Council welcomed the significant positive steps made, while noting that much still needed to be done.
In November 2018, the Commission welcomed progress towards swift conclusion of the CVM and concluded that benchmarks one, two and six could be considered provisionally closed. On the remaining three benchmarks, relating to the continued reform of the judiciary and the fight against corruption, further efforts were still needed in order to ensure full implementation of the January 2017 recommendations. The Council took note of the Commission's conclusions and encouraged Bulgaria to build on the positive momentum to consolidate progress in a conclusive and irreversible manner.
Today's report takes stock of the steps taken by Bulgaria since November 2018. It contains the Commission's assessment on how the Bulgarian authorities have followed-up on the 17 recommendations. This report is complemented by a staff working document which sets out the Commission's detailed analysis, drawing on continuous dialogue between the Bulgarian authorities and the Commission services.
Before taking a final decision on ending the CVM for Bulgaria, the Commission will also take duly into account the observations of the Council, as well as of the European Parliament.





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INTRODUCTION

In carrying out its activity The Human Resources Development Agency (HRDA), UIC 117621322, with headquarters and management address: Ruse, 14 Kresna str. ("The association", " HRDA ", "we", "us"), processes information, including personal data. The website WWW.BMBPAGES.NET is owned by The Human Resources Development Agency and is managed by the Association in accordance with the provisions of the General Data Protection Regulation including the associated legislation, but not limited to Regulation (EU) 2016/679 (“GDPR”). This policy is intended to inform about the way we process your personal data as an administrator and about your rights. HRDA strives to provide you with accessible and useful information on its website. Data protection is extremely important to us. HRDA does not sell your data to other enterprises or persons. If we provide your data to third parties, they are our contractors who process the information on our behalf, following our instructions and applying our privacy standard about the protection of your personal data. We strive the information we provide about the processing of your personal data to be as clear, specific and transparent as possible.

WHAT ARE PERSONAL DATA

Personal data are any kind of information related to an identified or identifiable person (such as email, names, age, date of birth, telephone, etc.). Personal data revealing race or ethnic origin, political opinions, religious or philosophical beliefs or membership of trade unions and processing of genetic data, biometric data for the purpose of identifying a person, health or sexual life data or the sexual orientation of a person are a special category of personal data. HRDA does not process such information for you.

COLLECTION AND USE OF PERSONAL DATA

HRDA collects, uses, stores and processes your personal data that are required by the Аssociation for the services that HRDA provides. Your data is used to manage your account on our website. They can also be used for statistical purposes of the Association, which are related to improving the quality of our services. Your data is used to manage your account on our website. They can also be used for statistical purposes of the Association, which are related to improving the quality of our services. Below are examples of the types of personal information that HRDA can collect and how we can use it. You will find detailed information on the different types of data that can be collected, when you use the relevant HRDA service and provide information to the Association. WHAT PERSONAL INFORMATION WE COLLECT
  • For creating an enterprise profile, for registration in our website, - the names of the enterprise , electronic and physical address of the enterprise, contact person in the enterprise - position, office telephone and e-mail;
  • For managing the access and to identify your account - an email address and a password;
  • For participation in online research and other marketing activities - different types of information, including, but not limited to, your name, your mailing address, your phone number, your email address, the way you prefer to be contacted FOR WHAT PURPOSE AND ON WHAT GROUNDS WE USE YOUR PERSONAL INFORMATION The main activities, purposes and reasons related to processing of personal data for HRDA are
  • Management of your profile on our website:
  • Data related to the management of your access (identification), based on your given consent;
  • Marketing activities of the Association on the basis of your consent. The personal information we collect allows us to keep you up-to-date on upcoming events. It also helps us improve our services and content. If you do not want to appear in our list of addresses, you can unsubscribe at any time by updating your account and website preferences. We may periodically use your personal information to send important messages as notifications about our terms and policies. We may also use your personal information for internal purposes such as checkups, data analysis, and research to improve the services and communication with the HRDA clients.


    • DISCLOSURE OF YOUR PERSONAL DATA

    In some cases, HRDA may disclose certain personal information to strategic partners - subcontractors who work with us providing services related to the activity of the Association or help HRDA with the marketing to customers. Personal information will be shared by us only in order to improve our services and advertising; it will not be shared with third parties for their marketing purposes. In cases where HRDA shares information about you with third party - HRDA providers, the Association has mechanisms to ensure that they provide a level of data protection according to the agreed standard. Your data are considered confidential for our partners too. It may be necessary - by law, in court trial, litigation and / or upon request by public and governmental authorities in or outside your country of residence - HRDA to disclose your personal information. We may also disclose information about you if we find that such disclosure is necessary or appropriate for purposes of national security, law enforcement or other matters of public concern. We may also disclose information about you if we establish that such disclosure is reasonably necessary for the implementation of our Terms and Conditions or to protect our activities or users. Furthermore, in case of reorganization, merger or sale, it is possible to transfer any and all collected personal information to the third party concerned.

    TRANSFER IN THIRD COUNTRIES

    As a rule HRDA does not transfer your data to third countries outside the EU. In some cases, your data may be transferred to third countries by means of a contract between HRDA and an enterprise / organization acting as a contractor for certain services or a partner on projects funded by the European Union funds. In these cases, HRDA guarantees that this transfer is carried out in full compliance with the legal provisions, thus ensuring the level of protection of your data (including but not limited to the conclusion of standard transfer clauses approved by the European Commission). The protection of information remains with your data. If our partners are located in the US, we check their Privacy Shield certification, which is a legal mechanism for transferring data to that country. PROTECTION OF PERSONAL INFORMATION
    HRDA takes precautions - including administrative, technical and physical measures - to protect your personal information from loss, theft and misuse, as well as from unauthorized access, disclosure, change or destruction. Online service - ELECTRONIC PORTAL uses secure encryption on all webpages that collect personal information. When posting in forums, chat rooms or social networking services, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to provide in these cases. All employees of HRDA are obliged to protect the confidentiality of your information, and to take the applicable technical and organizational precautions to protect it. Access to your data is limited to the extent of the necessity for performing their duties.

    For cases where HRDA shares information about you with third parties – provider of HRDA, the Enterprise has mechanisms to ensure that it provides a level of data protection according to the agreed standard.



    STORAGE OF PERSONAL INFORMATION

    We will retain your personal information for a period that is required to meet the objectives set forth in this Privacy Policy unless we are legally obliged to keep it for a longer period. Depending on the type of data and the purposes for which they are collected, a storage period is defined with the expiration of which the information is permanently deleted. YOUR RIGHTS IN RELATION TO YOUR DATA If you have provided your personal data to the HRDA, you have the following options at any time:
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  • the right of portability of data in a structured, widely used and machine-readable format;
  • the right to object at any time against the processing of your personal data when there are legitimate reasons for doing so;
  • the right to refuse the processing of your personal data for the purpose of receiving an electronic newsletter and other marketing communications, etc.;
  • the right to complain to the Commission for Personal Data Protection if you believe that your data protection rights have been violated.
    • If you wish to exercise your rights or to refuse to receive the electronic bulletin and other marketing communications, you can contact us by sending a message to hrda@smebg.net or by sending a letter to the following address: Ruse, 14 Kresna Str., Human Resources Development Agency. We may refuse to process requests that are unreasonably duplicated, require disproportionate technical efforts, jeopardize the confidentiality of other users, requests which are extremely impractical or request, for which otherwise access is not required by law. The exercise of your rights, when they are not repetitive and unreasonable, is not subject to a fee.

    CHILDREN

    We do not collect personal information about children under the age of 14. If we learn that we have collected personal information about a child under the age of 14, we will take steps to delete the information as soon as possible. If parents and / or legal representatives of children find that children under their guardianship have provided their data to the HRDA, contact us at the contact addresses listed in this policy. We will delete the information as soon as possible. VALIDITY AND UPDATE OF POLICY
    We may periodically update our Personal data protection policy. If there is a change in the current one, a notice will be published on our website together with the updated Personal data protection policy.


    CONTACT DATA

    IF YOU WANT TO CONTACT US ON ISSUES RELATED TO THIS POLICY OR THE PROTECTION OF PERSONAL DATA IN HRDA, PLEASE CONTACT US IN THE FOLLOWING WAYS:
    At email: hrda@smebg.net


    By mail: Ruse, 14 Kresna Str., Human Resources Development Agency.