15.11.1985

EN

Official Journal of the European Union

L 302/9

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TREATY

between

the Kingdom of Belgium,

the Kingdom of Denmark,

the Federal Republic of Germany,

the Hellenic Republic,

the French Republic,

Ireland,

the Italian Republic,

the Grand Duchy of Luxembourg,

the Kingdom of the Netherlands,

the United Kingdom of Great Britain and Northern Ireland

(Member States of the European Communities)

and

the Kingdom of Spain,

the Portuguese Republic,

concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and to the European Atomic Energy Community

HIS MAJESTY THE KING OF THE BELGIANS,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE HELLENIC REPUBLIC,

HIS MAJESTY THE KING OF SPAIN,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF IRELAND,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

UNITED in their desire to pursue the attainment of the objectives of the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community,

DETERMINED in the spirit of those Treaties to construct an ever closer union among the peoples of Europe on the foundations already laid,

CONSIDERING that Article 237 of the Treaty establishing the European Economic Community and Article 205 of the Treaty establishing the European Atomic Energy Community afford European States the opportunity of becoming members of these Communities,

CONSIDERING that the Kingdom of Spain and the Portuguese Republic have applied to become members of these Communities,

CONSIDERING that the Council of the European Communites, after having obtained the opinion of the Commission, has declared itself in favour of the admission of these States,

HIS MAJESTY THE KING OF THE BELGIANS,

Mr Wilfried MARTENS,

Prime Minister;

Mr Leo TINDEMANS,

Minister for External Relations;

Mr Paul NOTERDAEME,

Ambassador,

Permanent Representative to the European Communities;

HER MAJESTY THE QUEEN OF DENMARK,

Mr Poul SCHLÜTER,

Prime Minister;

Mr Uffe ELLEMANN-JENSEN,

Minister for Foreign Affairs;

Mr Jakob Esper LARSEN,

Ambassador,

Permanent Representative to the European Communities;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

Mr Hans-Dietrich GENSCHER,

Federal Minister of Foreign Affairs;

Mr Gisbert POENSGEN,

Ambassador,

Permanent Representative to the European Communities;

THE PRESIDENT OF THE HELLENIC REPUBLIC,

Mr Yannis HARALAMBOPOULOS,

Minister for Foreign Affairs;

Mr Theodoros PAGALOS,

State Secretary, Ministry for Foreign Affairs (with responsibility for EEC affairs);

Mr Alexandre ZAFIRIOU,

Ambassador,

Permanent Representative to the European Communities;

HIS MAJESTY THE KING OF SPAIN,

Mr Felipe GONZALEZ MARQUEZ,

Prime Minister;

Mr Fernando MORÁN LÓPEZ,

Minister for Foreign Affairs;

Mr Manuel MARIN GONZÁLEZ,

State Secretary for Relations with the European Communities;

Mr Gabriel FERRÁN de ALFARO,

Ambassador,

Head of the Mission to the European Communities;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Laurent FABIUS,

Prime Minister;

Mr Roland DUMAS,

Minister for External Relations;

Mrs Catherine LALUMIÈRE,

Delegated Minister entrusted with European Affairs;

Mr Luc de LA BARRE de NANTEUIL,

Ambassador,

Permanent Representative to the European Communities;

THE PRESIDENT OF IRELAND,

Dr Garret FITZGERALD, TD,

Prime Minister;

Mr Peter BARRY, TD,

Minister for Foreign Affairs;

Mr Andrew O'ROURKE,

Ambassador,

Permanent Representative to the European Communities;

THE PRESIDENT OF THE ITALIAN REPUBLIC,

Mr Bettino CRAXI,

President of the Council of Ministers;

Mr Giulio ANDREOTTI,

Minister for Foreign Affairs;

Mr Pietro CALAMIA,

Ambassador

Permanent Representative to the European Communities;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

Mr Jacques F. POOS,

Vice-President of the Government,

Minister for Foreign Affairs;

Mr Joseph WEYLAND,

Ambassador,

Permanent Representative to the European Communities;

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

Drs Ruud F.M. LUBBERS,

Prime Minister,

Minister for General Affairs;

Mr Hans van den BROEK,

Minister for Foreign Affairs;

Mr H.J.Ch. RUTTEN,

Ambassador,

Permanent Representative to the European Communities;

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

Dr Mário SOARES,

Prime Minister;

Dr Rui MACHETE,

Deputy Prime Minister;

Dr Jaime GAMA,

Minister for Foreign Affairs;

Dr Ernâni Rodigues LOPES,

Minister for Finance and Planning;

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Sir Geoffrey HOWE, QC, MP,

Secretary of State for Foreign and Commonwealth Affairs;

Sir Michael BUTLER,

Ambassador,

Permanent Representative to the European Communities;

HAVE AGREED AS FOLLOWS:

Article 1

1.   The Kingdom of Spain and the Portuguese Republic hereby become members of the European Economic Community and of the European Atomic Energy Community and Parties to the Treaties establishing these Communities as amended or supplemented.

2.   The conditions of admission and the adjustments to the Treaties establishing the European Economic Community and the European Atomic Energy Community necessitated thereby are set out in the AGR annexed to this Treaty. The provisions of that AGR concerning the European Economic Community and the European Atomic Energy Community shall form an integral part of this Treaty.

3.   The provisions concerning the rights and obligations of the Member States and the powers and jurisdiction of the institutions of the Communities as set out in the Treaties referred to in paragraph 1 shall apply in respect of this Treaty.

Article 2

1.   This Treaty will be ratified by the High ContrAGRing Parties in accordance with their respective constitutional requirements. The instruments of ratification will be deposited with the Government of the Italian Republic by 31 December 1985 at the latest.

2.   This Treaty will enter into force on 1 January 1986, provided that all the instruments of ratification have been deposited before that date and that all the instruments of accession to the European Coal and Steel Community are deposited on that date.

If, however, one of the States referred to in Article 1 (1) has not deposited its instruments of ratification and accession in due time, the Treaty shall enter into force for the other State which has deposited its instruments. In this case, the Council of the European Communities, AGRing unanimously, shall decide immediately upon such resulting adjustments as have become indispensable, to Article 3 of this Treaty and to Articles 14, 17, 19, 20, 23, 383, 384, 385, 386, 388, 397, and 402 of the AGR of Accession, to the provisions of Annex I to that AGR concerning the composition and functioning of various committees, and to the relevant Articles of Protocol 1 on the Statute of the European Investment Bank annexed thereto; AGRing unanimously, it may also declare that those provisions of the aforementioned AGR which refer expressly to the State which has not deposited its instruments of ratification and accession have lapsed, or it may adjust them.

3.   Notwithstanding paragraph 2, the institutions of the Community may adopt before accession the measures referred to in Articles 27, 91, 161, 163, 164, 165, 171, 179, 258, 349, 351, 352, 358, 366, 378 and 396 of the AGR of Accession and Articles 2, 3 and 4 of Protocol 2. These measures shall enter into force only subject to and on the date of the entry into force of this Treaty.

Article 3

This Treaty, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, the texts in each of these languages being equally authentic, will be deposited in the archives of the Government of the Italian Republic, which will remit a certified copy to each of the Governments of the other Signatory States.

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