Treaty of Accession 2005
 Treaty of Accession 2005
| |
|---|---|
 | |
| Signed | 25 April 2005 |
| Location | Neimënster Abbey, Luxembourg |
| Effective | 1 January 2007 |
| Condition | ratification by Bulgaria, Romania and all 25 Member States of the European Union |
| Signatories |
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| Ratifiers | 27 / 27
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| Depositary | Government of the Italian Republic |
| Languages | All 21 official Languages of the European Union, Bulgarian and Romanian |
| Full text | |
 Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union at Wikisource | |
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 the European Union.
Full title
[edit]The full official 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.
History
[edit]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, the 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 Neimënster 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.
| Parliament[11] | Date | Result[12] | Deposition[13] |
|---|---|---|---|
 Bulgaria |
11 May 2005 | Yes. Народно събрание (Narodno Sabranie): 231 to 1 in favour, 2 abstentions.[14] | 27 May 2005 |
 Romania |
17 May 2005 | Yes. Camerele Reunite: 434 to 0 in favour, 0 abstentions.[15] | 27 May 2005 |
 Slovakia |
21 June 2005 | Yes. Národná rada: 102 to 0 in favour, 2 abstentions.[16] | 28 September 2005 |
 Hungary |
26 September 2005 | Yes. Országgyűlés: 257 to 6 in favour, 1 abstention.[17] | 26 October 2005 |
 Cyprus |
27 October 2005 | Yes. House of Representatives: 56 to 0 in favour, 0 abstentions.[18] | 26 January 2006 |
 Estonia |
16 November 2005 | Yes. Riigikogu: 69 to 0 in favour, 0 abstentions.[19] | 6 February 2006 |
 Malta |
24 January 2006 | Yes. Kamra tad-Deputati: Agreed without a division.[20] | 22 February 2006 |
 Greece |
2 November 2005 | Yes. Βουλή των Ελλήνων (Voulí ton Ellínon): Approved by acclamation.[21] | 24 February 2006 |
 Czech Republic |
15 September 2005 | Yes. Senát: 66 to 0 in favour, 2 abstentions.[22] | 3 March 2006 |
| 6 December 2005 | Yes. Poslanecká sněmovna: 155 to 0 in favour, 1 abstention.[23] | ||
 Italy |
22 November 2005 | Yes. Senato: Approved by show of hands.[24] | 21 March 2006 |
| 22 December 2005 | Yes. Camera dei Deputati: 415 to 3 in favour, 4 abstentions.[25] | ||
 Slovenia |
29 September 2005 | Yes. Državni zbor: 64 to 0 in favour, 0 abstentions.[26] | 30 March 2006 |
 United Kingdom |
24 November 2005 | Yes. Commons: Agreed without a division.[27] | 5 April 2006 |
| 7 February 2006 | Yes. Lords: Agreed without a division.[28] | ||
incl.  Gibraltar[29] |
8 December 2006 | Yes. Gibraltar Parliament (Then, Gibraltar House of Assembly): | |
 Latvia |
26 January 2006 | Yes. Saeima: 79 to 0 in favour, 5 abstentions.[30] | 5 May 2006 |
 Sweden |
9 May 2006 | Yes. Riksdag: Approved by acclamation.[31] | 9 June 2006 |
 Spain |
24 November 2005 | Yes. Congreso de los Diputados: 303 to 1 in favour, 0 abstentions.[32] | 21 June 2006 |
| 14 December 2005 | Yes. Senado: 247 to 1 in favour, 0 abstentions.[33] | ||
 Austria |
26 April 2006 | Yes. Nationalrat: Approved by show of hands with 2 against.[34] | 26 June 2006 |
| 11 May 2006 | Yes. Bundesrat: Approved by show of hands with 1 against.[35] | ||
 Lithuania |
30 March 2006 | Yes. Seimas: 85 to 1 in favour, 3 abstentions.[36] | 27 June 2006 |
 Finland |
19 June 2006 | Yes. Eduskunta/Riksdag: Adopted without voting.[37] | 2 August 2006 |
incl.  Åland[38] |
20 March 2006 | Yes. Lagting: Approved by acclamation.[39] | |
 Netherlands |
7 February 2006 | Yes. Tweede Kamer: 93 to 52 in favour, 0 abstentions.[40] | 31 August 2006 |
| 13 June 2006 | Yes. Eerste Kamer: Adopted without voting with 4 against.[41] | ||
 Portugal |
8 March 2006 | Yes. Assembleia: 181 to 0 in favour, 11 abstentions.[42] | 2 October 2006 |
 Poland |
10 March 2006 | Yes. Sejm: 426 to 1 in favour, 1 abstention.[43] | 3 October 2006 |
| 30 March 2006 | Yes. Senat: 71 to 0 in favour, 0 abstentions.[44] | ||
 Luxembourg |
29 June 2006 | Yes. Chamber of Deputies: 60 to 0 in favour, 0 abstentions.[45] | 10 October 2006 |
 Ireland |
13 June 2006 | Yes. Dáil Éireann: Agreed without a division.[46] | 16 October 2006 |
| 21 June 2006 | Yes. Seanad Éireann: Agreed without a division.[47] | ||
 Belgium |
30 March 2006 | Yes. Senaat / Sénat: 52 to 8 in favour, 0 abstentions.[48] | 19 October 2006 |
| 20 April 2006 | Yes. Kamer van Volksvertegenwoordigers / Chambre des Représentants: 115 to 14 in favour, 1 abstention.[49] | ||
| 12 May 2006 | Yes. Parlement de la Région de Bruxelles-Capitale / Brussels Hoofdstedelijk Parlement: 77 to 6 in favour, 0 abstentions.[50] | ||
| 12 May 2006 | Yes. Assemblée réunie / Verenigde Vergadering (Brussels): 77 (66 French-speaking, 11 Dutch-speaking) to 6 (all Dutch-speaking) in favour, 0 abstentions.[51] | ||
| 27 June 2006 | Yes. Parlement de la Communauté française: 57 to 0 in favour, 3 abstentions.[52] | ||
| 12 July 2006 | Yes. Vlaams Parlement: 79 to 29 in favour, 0 abstentions on community matters; 77 to 26 in favour, 0 abstentions on regional matters.[53] | ||
| 19 July 2006 | Yes. Parlement wallon: 61 to 0 in favour, 1 abstention on regional matters; 60 to 0 in favour, 0 abstentions on transferred community matters.[54] | ||
| 19 September 2006 | Yes. Parlament der Deutschsprachigen Gemeinschaft: 25 to 0 in favour, 0 abstentions.[55] | ||
| 20 October 2006 | Yes. Parlement bruxellois francophone: 64 to 0 in favour, 0 abstentions.[56] | ||
 Denmark |
21 November 2006 | Yes. Folketing: 97 to 2 in favour, 15 abstentions.[57] | 5 December 2006 |
 France |
27 June 2006 | Yes. Assemblée nationale: Approved unanimously by show of hands. [58] | 6 December 2006 |
| 3 October 2006 | Yes. Sénat: Approved by show of hands with 2 senators abstaining from voting. [59] | ||
 Germany |
26 October 2006 | Yes. Bundestag: 529 to 12 in favour, 10 abstentions.[60] | 20 December 2006 |
| 24 November 2006 | Yes. Bundesrat: 69 to 0 in favour, 0 abstentions.[61] |
The default date for entry into force of the Treaty was 1 January 2007.[62] Provisions were made for the postponement of the accession of one or both countries until 1 January 2008. Such a decision could 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.[63] The 26 September 2006 monitoring report concluded that both countries were sufficiently prepared to meet the political, economic and acquis criteria. It recommended against postponement of accession[64] (instead of delaying membership it was decided to address the shortcomings through a subsequent cooperation and verification mechanism). The treaty entered into force on 1 January 2007.[65]
Contents
[edit]1. Introduction
[edit]2. Treaty
[edit]The Treaty itself consists of six articles.[66]
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 Bulgaria 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.
3. Protocol to the Treaty
[edit]4. Act to the Treaty
[edit]5. Final Act
[edit]See also
[edit]- Law of the European Union
- 2007 enlargement of the European Union
- Mechanism for Cooperation and Verification
References
[edit]- ^ Conclusions from European summit Archived 2009-03-25 at the Wayback Machine
- ^ 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". Archived from the original on 2016-02-28. Retrieved 2006-12-10.
- ^ Bulgarian National Assembly results
- ^ Parliament of Romania results
- ^ Slovak National Council results Archived 2007-09-26 at the Wayback Machine
- ^ Hungarian Parliament results
- ^ Cyprus Parliament results
- ^ Estonian Parliament results Archived 2007-09-27 at the Wayback Machine
- ^ Parliament of Malta results Archived 2007-06-20 at the Wayback Machine
- ^ Greek Parliament results Archived 2007-06-20 at the Wayback Machine
- ^ Czech Senate results
- ^ Czech Chamber of Deputies results
- ^ Italian Senate results
- ^ "Italian Chamber of Deputies results". Archived from the original on 2007-11-11. Retrieved 2006-12-09.
- ^ Slovenian National Assembly results
- ^ UK House of Commons results
- ^ UK House of Lords results
- ^ European Communities Ordinance amendment 28/2006 Gibraltar is a British overseas territory. It was part of the European Union, but was subject to certain exemptions. Gibraltar Parliament ratification was not necessary for the Treaty to enter into force, but changes in the legislation were 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 the European Union, but is subject to 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" (PDF). Archived from the original (PDF) on 2007-06-20. Retrieved 2006-12-15.
- ^ Dutch Senate results
- ^ Portuguese Parliament results Archived 2007-06-20 at the Wayback Machine
- ^ 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
- ^ United Assembly results
- ^ Belgian Parliament of the French Community results
- ^ Belgian Parliament of the Flemish Community results Archived 2007-06-20 at the Wayback Machine
- ^ Wallon Parliament results
- ^ Belgian Parliament of the German Speaking Community results
- ^ Assembly report
- ^ Danish Parliament results
- ^ French National Assembly results
- ^ French Senate results
- ^ German Bundestag results
- ^ German Bundesrat results Archived 2007-06-20 at the Wayback Machine
- ^ 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