Treaty of Accession 2005

Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union
Signed 25 April 2005
Location Neumünster Abbey, Luxembourg
Effective 1 January 2007
Condition ratification by Bulgaria, Romania and all 25 Member States of the European Union
Signatories 27
Ratifiers
27 / 27
Depositary Government of the Italian Republic
Languages All 21 official Languages of the European Union, Bulgarian and Romanian
European Union as of 2007
  Member states

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

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

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 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.

Parliament[11] Date Result[12] Deposition[13]
 Bulgaria11 May 2005Yes. Народно събрание: 231 to 1 in favour, 2 abstentions.[14]27 May 2005
 Romania17 May 2005Yes. Camerele Reunite: 434 to 0 in favour, 0 abstentions.[15]27 May 2005
 Slovakia21 June 2005Yes. Národná rada: 102 to 0 in favour, 2 abstentions.[16]28 September 2005
 Hungary26 September 2005Yes. Országgyűlés: 257 to 6 in favour, 1 abstention.[17]26 October 2005
 Cyprus27 October 2005Yes. House of Representatives: 56 to 0 in favour, 0 abstentions.[18]26 January 2006
 Estonia16 November 2005Yes. Riigikogu: 69 to 0 in favour, 0 abstentions.[19]6 February 2006
 Malta24 January 2006Yes. Kamra tad-Deputati: Agreed without a division.[20]22 February 2006
 Greece2 November 2005Yes. Βουλή των Ελλήνων: Approved by acclamation.[21]24 February 2006
 Czech Republic15 September 2005Yes. Senát: 66 to 0 in favour, 2 abstentions.[22]3 March 2006
6 December 2005Yes. Poslanecká sněmovna: 155 to 0 in favour, 1 abstention.[23]
 Italy22 November 2005Yes. Senato: Approved by show of hands.[24]21 March 2006
22 December 2005Yes. Camera dei Deputati: 415 to 3 in favour, 4 abstentions.[25]
 Slovenia29 September 2005Yes. Državni zbor: 64 to 0 in favour, 0 abstentions.[26]30 March 2006
 United Kingdom24 November 2005Yes. Commons: Agreed without a division.[27]5 April 2006
7 February 2006Yes. Lords: Agreed without a division.[28]
incl. Gibraltar[29]8 December 2006Yes. Gibraltar Parliament (Then, Gibraltar House of Assembly):
 Latvia26 January 2006Yes. Saeima: 79 to 0 in favour, 5 abstentions.[30]5 May 2006
 Sweden9 May 2006Yes. Riksdag: Approved by acclamation.[31]9 June 2006
 Spain24 November 2005Yes. Congreso de los Diputados: 303 to 1 in favour, 0 abstentions.[32]21 June 2006
14 December 2005Yes. Senado: 247 to 1 in favour, 0 abstentions.[33]
 Austria26 April 2006Yes. Nationalrat: Approved by show of hands with 2 against.[34]26 June 2006
11 May 2006Yes. Bundesrat: Approved by show of hands with 1 against.[35]
 Lithuania30 March 2006Yes. Seimas: 85 to 1 in favour, 3 abstentions.[36]27 June 2006
 Finland19 June 2006Yes. Eduskunta/Riksdag: Adopted without voting.[37]2 August 2006
incl.  Åland[38]20 March 2006Yes. Lagting: Approved by acclamation.[39]
 Netherlands7 February 2006Yes. Tweede Kamer: 93 to 52 in favour, 0 abstentions.[40]31 August 2006
13 June 2006Yes. Eerste Kamer: Adopted without voting with 4 against.[41]
 Portugal8 March 2006Yes. Assembleia: 181 to 0 in favour, 11 abstentions.[42]2 October 2006
 Poland10 March 2006Yes. Sejm: 426 to 1 in favour, 1 abstention.[43]3 October 2006
30 March 2006Yes. Senat: 71 to 0 in favour, 0 abstentions.[44]
 Luxembourg29 June 2006Yes. Châmber: 60 to 0 in favour, 0 abstentions.[45]10 October 2006
 Ireland13 June 2006Yes. Dáil Éireann: Agreed without a division.[46]16 October 2006
21 June 2006Yes. Seanad Éireann: Agreed without a division.[47]
 Belgium30 March 2006Yes. Senaat / Sénat: 52 to 8 in favour, 0 abstentions.[48]19 October 2006
20 April 2006Yes. Kamer van Volksvertegenwoordigers / Chambre des Représentants: 115 to 14 in favour, 1 abstention.[49]
12 May 2006Yes. Parlement de la Région de Bruxelles-Capitale / Brussels Hoofdstedelijk Parlement: 77 to 6 in favour, 0 abstentions.[50]
12 May 2006Yes. Assemblée réunie / Verenigde Vergadering (Brussels): 77 (66 French-speaking, 11 Dutch-speaking) to 6 (all Dutch-speaking) in favour, 0 abstentions.[51]
27 June 2006Yes. Parlement de la Communauté française: 57 to 0 in favour, 3 abstentions.[52]
12 July 2006Yes. 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 2006Yes. 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 2006Yes. Parlement bruxellois francophone: 64 to 0 in favour, 0 abstentions.[56]
 Denmark21 November 2006Yes. Folketing: 97 to 2 in favour, 15 abstentions.[57]5 December 2006
 France 27 June 2006Yes. Assemblée nationale: Approved unanimously by show of hands. [58] 6 December 2006
3 October 2006Yes. Sénat: Approved by show of hands with 2 senators abstaining from voting. [59]
 Germany26 October 2006Yes. Bundestag: 529 to 12 in favour, 10 abstentions.[60]20 December 2006
24 November 2006Yes. 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

2. Treaty

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.

See also

References

  1. ↑ Conclusions from European summit
  2. ↑ Commission opinion on the applications for accession to the European Union by the Republic of Bulgaria and Romania
  3. ↑ European Parliament legislative resolution on the application by the Republic of Bulgaria to become a member of the European Union
  4. ↑ European Parliament legislative resolution on the application by Romania to become a member of the European Union
  5. ↑ European Parliament results
  6. ↑ Decision of the Council of the European Union on the admission of the Republic of Bulgaria and Romania to the European Union
  7. ↑ Detail information and photos from the signing ceremony
  8. ↑ Text of the Final Act
  9. ↑ Declarations made by the parties of the treaty
  10. ↑ Arrangements for the period between signing and entry into force of the treaty
  11. ↑ 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.
  12. ↑ Results refer to the final round when more than one vote is required.
  13. ↑ Ratification details
  14. ↑ Bulgarian National Assembly results
  15. ↑ Parliament of Romania results
  16. ↑ Slovak National Council results
  17. ↑ Hungarian Parliament results
  18. ↑ Cyprus Parliament results
  19. ↑ Estonian Parliament results
  20. ↑ Parliament of Malta results
  21. ↑ Greek Parliament results
  22. ↑ Czech Senate results
  23. ↑ Czech Chamber of Deputies results
  24. ↑ Italian Senate results
  25. ↑ Italian Chamber of Deputies results
  26. ↑ Slovenian National Assembly results
  27. ↑ UK House of Commons results
  28. ↑ UK House of Lords results
  29. ↑ European Communities Ordinance amendment 28/2006 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.
  30. ↑ Latvian Parliament results
  31. ↑ Swedish Parliament results
  32. ↑ Spanish Chamber of Representatives results
  33. ↑ Spanish Senate results
  34. ↑ Austrian Nationalrat results
  35. ↑ Austrian Bundesrat results
  36. ↑ Lithuanian Parliament results
  37. ↑ Finish Parliament results
  38. ↑ 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.
  39. ↑ Åland Parliament results
  40. ↑ Dutch Chamber of Deputies results
  41. ↑ Dutch Senate results
  42. ↑ Portuguese Parliament results
  43. ↑ Polish Sejm results
  44. ↑ Polish Senate results
  45. ↑ Luxemburg Chamber of Deputies results
  46. ↑ Irish Chamber of Deputies results
  47. ↑ Irish Senate results
  48. ↑ Belgian Senate results
  49. ↑ Belgian Chamber of Representatives results
  50. ↑ Brussels Parliament results
  51. ↑ United Assembly results
  52. ↑ Belgian Parliament of the French Community results
  53. ↑ Belgian Parliament of the Flemish Community results
  54. ↑ Wallon Parliament results
  55. ↑ Belgian Parliament of the German Speaking Community results
  56. ↑ Assembly report
  57. ↑ Danish Parliament results
  58. ↑ French National Assembly results
  59. ↑ French Senate results
  60. ↑ German Bundestag results
  61. ↑ German Bundesrat results
  62. ↑ Notice concerning the entry into force of the Treaty of Accession
  63. ↑ Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania-May 2006
  64. ↑ Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania-September 2006
  65. ↑ Notice announcing the entry into force of the Treaty of Accession on 1 January 2007
  66. ↑ Full text of the Treaty
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