Treaty of Accession 2005
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The Treaty of Accession 2005 is an agreement between the member states of European Union and Bulgaria and Romania. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria and Romania to the EU and amended earlier Treaties of the European Union. As such it is an integral part of the constitutional basis of European Union.
Full name of the Treaty is: Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania, concerning the accession of the Republic of Bulgaria and Romania to the European Union.
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[edit] History of the Treaty
Following successful completion of accession negotiations European council concluded on 17 December 2004 that Bulgaria and Romania were ready to become members of the European Union.[1] A request for assent (C6‑0085/2005) was submitted to the European Parliament.
On 22 February 2005 European Commission delivered a favourable opinion on the accession to the European Union of Bulgaria and Romania.[2] As a result, on 13 April 2005 the European Parliament gave assent to the applications of Bulgaria[3] and Romania[4] to become members of the European Union. The parliament voted in favour of Romania with 497 positive votes, 93 negative votes and 71 abstentions, while Bulgaria received 522 votes in favour, 70 votes against and 69 abstentions.[5] On 25 April 2005 Council of the European Union accepted the applications for admission of Bulgaria and Romania[6].
The treaty was signed on 25 April 2005, in Neumünster Abbey, Luxembourg.[7] In addition to the Treaty of Accession a Final Act was signed. The Final Act registers the results of the accession negotiations[8], including any declarations made by the parties.[9] It also laid down arrangements for the period between signing and entry into force of the treaty.[10] Ratification of the Treaty of Accession is summarized in the table below. The process was completed on 20 December 2006.
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The default date for entry into force of the Treaty was 1 January 2007.[60] Provisions were made for the postponement of the accession of one or both countries until 1 January 2008. Such a decision should have been taken by the Council of the European Union acting upon recommendation of the European Commission. In its 16 May 2006 monitoring report, the Commission delivered the final recommendation about the date of accession, but requested further progress from Bulgaria and Romania.[61] The 26 September 2006 monitoring report concluded that both countries are sufficiently prepared to meet the political, economic and acquis criteria. It recommended against postponement of accession.[62]
The treaty entered into force on 1 January 2007.[63]
[edit] Contents of the Treaty
[edit] 1. Introduction
[edit] 2. Treaty
The Treaty itself consists of six articles.[64]
Article 1 arranges the accession of Republic of Bulgaria and Romania to the European Union.
Paragraph 1 makes Republic of Bulgaria and Romania full members of the European Union.
Paragraph 2 makes both countries parties to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community. Thus Bulgaria and Romania does not have to ratify the Treaty establishing a Constitution for Europe separately.
Paragraph 3 makes Protocol that sets the conditions and arrangements for admission and its annexes integral part of the Treaty itself.
Paragraph 4 annexes the above mentioned Protocol to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community and makes its provisions integral part of these treaties.
Article 2 provides for the situation when the Treaty itself enters into force before the Treaty establishing a Constitution for Europe. Thus it will provide the legal basis of the membership Bulgaria and Romania from 1 January 2007 until the Constitution of Europe is finally implemented in its present form (if ever).
Paragraph 1 states that both countries become parties to the Treaties on which the European Union is founded. Provisions of Article 1, paragraphs 2-4 will be applicable only from the date of the entry into force of the Constitution of Europe.
Paragraph 2 states that until the above mentioned event the conditions of admission and the adjustments to the Treaties on which the Union is founded will be provided by the Act annexed to the Treaty, which forms integral part of the Treaty itself.
Paragraph 3 arranges substitution of the Act with the Protocol upon the entry into force of the Constitution of Europe and legal consequences of this switch.
Article 3 defines all member states of European union, including Bulagria and Romania as equal in respect of all Treaties of the Union, including this one.
Article 4 is about ratification and entry into force of the Treaty.
Paragraph 1 stipulates that the Treaty should be ratified by all parties by 31 December 2006 and ratification instruments should be deposited with the Italian government.
Paragraph 2 and 3 define the data from which the Treaty enters into force, mechanism for eventual postponement in respect of one or both of the acceding states, and provides for the situation when one or more country have ratified the Treaty, but have failed to deposit the ratification instruments by 1 January 2007. The ratification procedures were completed in time and the Treaty entered into force on 1 January 2007 on the territory of all member states.
Article 5 stipulates that the Treaty establishing a Constitution for Europe drawn up in the Bulgarian and Romanian languages shall be annexed to this Treaty and they will be authentic under the same conditions as the texts in all other official languages of the European union.
Article 6 states that the Treaty exists as a single original drawn in all official languages of the European Union. Each of these texts is equally authentic and the original will be deposited with the Italian government, while all parties will receive certified copies.
[edit] 3. Protocol to the Treaty
[edit] 4. Act to the Treaty
[edit] 5. Final Act
[edit] References
- ^ Conclusions from European summit
- ^ Commission opinion on the applications for accession to the European Union by the Republic of Bulgaria and Romania
- ^ European Parliament legislative resolution on the application by the Republic of Bulgaria to become a member of the European Union
- ^ European Parliament legislative resolution on the application by Romania to become a member of the European Union
- ^ European Parliament results
- ^ Decision of the Council of the European Union on the admission of the Republic of Bulgaria and Romania to the European Union
- ^ Detail information and photos from the signing ceremony
- ^ Text of the Final Act
- ^ Declarations made by the parties of the treaty
- ^ Arrangements for the period between signing and entry into force of the treaty
- ^ Article 4 of the Treaty requires that instruments of ratification be deposited with the Government of the Italian Republic in order for the Treaty to enter into force. Each country deposits the instrument of ratification after its internal ratification process is finalized by all required state bodies (parliament and the head of state). Countries are ordered according to the date of deposition of ratification documents. When two countries have deposited the necessary documents on the same date the order is alphabetical.
- ^ Results refer to the final round when more than one vote is required.
- ^ Ratification details
- ^ Bulgarian National Assembly results
- ^ Parliament of Romania results
- ^ Slovak National Council results
- ^ Hungarian Parliament results
- ^ Cyprus Parliament results
- ^ Estonian Parliament results
- ^ Parliament of Malta results
- ^ Greek Parliament results
- ^ Czech Senate results
- ^ Czech Chamber of Deputies results
- ^ Italian Senate results
- ^ Italian Chamber of Deputies results
- ^ Slovenian National Assembly results
- ^ UK House of Commons results
- ^ UK House of Lords results
- ^ Gibraltar is a British overseas territory. It is part of European Union, but is subject of certain exemptions. Gibraltar Parliament ratification is not necessary for the Treaty to enter into force, but changes in the legislation are needed for its provisions to apply on the territory of Gibraltar.
- ^ Latvian Parliament results
- ^ Swedish Parliament results
- ^ Spanish Chamber of Representatives results
- ^ Spanish Senate results
- ^ Austrian Nationalrat results
- ^ Austrian Bundesrat results
- ^ Lithuanian Parliament results
- ^ Finish Parliament results
- ^ Åland is an autonomous province of Finland. It is part of European Union, but is subject of certain exemptions. Åland Parliament ratification is not necessary for the Treaty to enter into force, but is needed for its provisions to apply on the territory of Åland islands.
- ^ Åland Parliament results
- ^ Dutch Chamber of Deputies results
- ^ Dutch Senate results
- ^ Portuguese Parliament results
- ^ Polish Sejm results
- ^ Polish Senate results
- ^ Luxemburg Chamber of Deputies results
- ^ Irish Chamber of Deputies results
- ^ Irish Senate results
- ^ Belgian Senate results
- ^ Belgian Chamber of Representatives results
- ^ Brussels Parliament results
- ^ Belgian Parliament of the French Community results
- ^ Belgian Parliament of the Flemish Community results
- ^ Wallon Parliament results
- ^ Belgian Parliament of the German Speaking Community results
- ^ Danish Parliament results
- ^ French National Assembly results
- ^ French Senate results
- ^ German Bundestag results
- ^ German Bundesrat results
- ^ Notice concerning the entry into force of the Treaty of Accession
- ^ Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania-May 2006
- ^ Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania-September 2006
- ^ Notice announcing the entry into force of the Treaty of Accession on 1 January 2007
- ^ Full text of the Treaty
[edit] See also
- European Union Law
- Accession of Bulgaria to the European Union
- Accession of Romania to the European Union
