Treaty of Accession 2005


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:

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. A request for assent 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. As a result, on 13 April 2005, the European Parliament gave assent to the applications of Bulgaria and Romania 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. On 25 April 2005, Council of the European Union accepted the applications for admission of Bulgaria and Romania.
The treaty was signed on 25 April 2005, in Neimënster Abbey, Luxembourg. In addition to the Treaty of Accession a Final Act was signed. The Final Act registers the results of the accession negotiations, including any declarations made by the parties. It also laid down arrangements for the period between signing and entry into force of the treaty. Ratification of the Treaty of Accession is summarized in the table below. The process was completed on 20 December 2006.
ParliamentDateResultDeposition
11 May 2005Yes. Народно събрание : 231 to 1 in favour, 2 abstentions.27 May 2005
17 May 2005Yes. Camerele Reunite: 434 to 0 in favour, 0 abstentions.27 May 2005
21 June 2005Yes. Národná rada: 102 to 0 in favour, 2 abstentions.28 September 2005
26 September 2005Yes. Országgyűlés: 257 to 6 in favour, 1 abstention.26 October 2005
27 October 2005Yes. House of Representatives: 56 to 0 in favour, 0 abstentions.26 January 2006
16 November 2005Yes. Riigikogu: 69 to 0 in favour, 0 abstentions.6 February 2006
24 January 2006Yes. Kamra tad-Deputati: Agreed without a division.22 February 2006
2 November 2005Yes. Βουλή των Ελλήνων : Approved by acclamation.24 February 2006
15 September 2005Yes. Senát: 66 to 0 in favour, 2 abstentions.3 March 2006
6 December 2005Yes. Poslanecká sněmovna: 155 to 0 in favour, 1 abstention.3 March 2006
22 November 2005Yes. Senato: Approved by show of hands.21 March 2006
22 December 2005Yes. Camera dei Deputati: 415 to 3 in favour, 4 abstentions.21 March 2006
29 September 2005Yes. Državni zbor: 64 to 0 in favour, 0 abstentions.30 March 2006
24 November 2005Yes. Commons: Agreed without a division.5 April 2006
7 February 2006Yes. Lords: Agreed without a division.5 April 2006
incl. 8 December 2006Yes. Gibraltar Parliament :5 April 2006
26 January 2006Yes. Saeima: 79 to 0 in favour, 5 abstentions.5 May 2006
9 May 2006Yes. Riksdag: Approved by acclamation.9 June 2006
24 November 2005Yes. Congreso de los Diputados: 303 to 1 in favour, 0 abstentions.21 June 2006
14 December 2005Yes. Senado: 247 to 1 in favour, 0 abstentions.21 June 2006
26 April 2006Yes. Nationalrat: Approved by show of hands with 2 against.26 June 2006
11 May 2006Yes. Bundesrat: Approved by show of hands with 1 against.26 June 2006
30 March 2006Yes. Seimas: 85 to 1 in favour, 3 abstentions.27 June 2006
19 June 2006Yes. Eduskunta/Riksdag: Adopted without voting.2 August 2006
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Contents

1. Introduction

2. Treaty

The Treaty itself consists of six articles.
Article 1 arranges the accession of the Republic of Bulgaria and Romania to the European Union.
Paragraph 1 makes the 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 do not have to separately ratify the Treaty establishing a Constitution for Europe.
Paragraph 3 makes Protocol that sets the conditions and arrangements for admission and its annexes an 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 an 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 of Bulgaria and Romania from 1 January 2007 until the Constitution of Europe is finally implemented in its present form.
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 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 the 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 has ratified the Treaty, but has 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

4. Act to the Treaty

5. Final Act