21.6.2005   

EN

Official Journal of the European Union

L 157/11


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

HIS MAJESTY THE KING OF THE BELGIANS,

THE REPUBLIC OF BULGARIA,

THE PRESIDENT OF THE CZECH REPUBLIC,

HER MAJESTY THE QUEEN OF DENMARK,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE REPUBLIC OF ESTONIA,

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,

THE PRESIDENT OF THE REPUBLIC OF CYPRUS,

THE PRESIDENT OF THE REPUBLIC OF LATVIA,

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

THE PRESIDENT OF THE REPUBLIC OF HUNGARY,

THE PRESIDENT OF MALTA,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

THE PRESIDENT OF THE REPUBLIC OF POLAND,

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

THE PRESIDENT OF ROMANIA,

THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,

THE PRESIDENT OF THE SLOVAK REPUBLIC,

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

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 European Union,

DETERMINED to continue the process of creating an ever closer union among the peoples of Europe on the foundations already laid,

CONSIDERING that Article I-58 of the Treaty establishing a Constitution for Europe, like Article 49 of the Treaty on European Union, affords European States the opportunity of becoming members of the Union,

CONSIDERING that the Republic of Bulgaria and Romania have applied to become members of the Union,

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

CONSIDERING that, at the time of signature of this Treaty, the Treaty establishing a Constitution for Europe was signed but not yet ratified by all Member States of the Union and that the Republic of Bulgaria and Romania will join the European Union as constituted on 1 January 2007,

HAVE AGREED on the conditions and arrangements for admission, and to this end have designated as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS,

Karel DE GUCHT

Minister for Foreign Affairs

Didier DONFUT

State Secretary for European Affairs, attached to the Ministry of Foreign Affairs

THE REPUBLIC OF BULGARIA,

Georgi PARVANOV

President

Simeon SAXE-COBURG

Prime Minister

Solomon PASSY

Minister of Foreign Affairs

Meglena KUNEVA

Minister of European Affairs

THE PRESIDENT OF THE CZECH REPUBLIC,

Vladimír MÜLLER

Deputy Minister for Union Affairs

Jan KOHOUT

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Czech Republic to the European Union

HER MAJESTY THE QUEEN OF DENMARK,

Friis Arne PETERSEN

Permanent Secretary of State

Claus GRUBE

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Kingdom of Denmark to the European Union

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

Hans Martin BURY

Minister of State for Europe

Wilhelm SCHÖNFELDER

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Federal Republic of Germany to the European Union

THE PRESIDENT OF THE REPUBLIC OF ESTONIA,

Urmas PAET

Minister for Foreign Affairs

Väino REINART,

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Republic of Estonia to the European Union

THE PRESIDENT OF THE HELLENIC REPUBLIC,

Yannis VALINAKIS

Deputy Minister for Foreign Affairs

Vassilis KASKARELIS

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Hellenic Republic to the European Union

HIS MAJESTY THE KING OF SPAIN,

Miguel Angel MORATINOS CUYAUBÉ

Minister for External Affairs and Cooperation

Alberto NAVARRO GONZÁLEZ

Secretary of State for the European Union

THE PRESIDENT OF THE FRENCH REPUBLIC,

Claudie HAIGNERÉ

Minister with responsibility for European Affairs, attached to the Minister for Foreign Affairs

Pierre SELLAL

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the French Republic to the European Union

THE PRESIDENT OF IRELAND,

Dermot AHERN

Minister for Foreign Affairs

Noel TREACY

Minister of State for European Affairs

THE PRESIDENT OF THE ITALIAN REPUBLIC,

Roberto ANTONIONE

Under Secretary of State for Foreign Affairs

Rocco Antonio CANGELOSI

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Italian Republic to the European Union

THE PRESIDENT OF THE REPUBLIC OF CYPRUS,

George IACOVOU

Minister for Foreign Affairs

Nicholas EMILIOU

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Republic of Cyprus to the European Union

THE PRESIDENT OF THE REPUBLIC OF LATVIA,

Artis PABRIKS

Minister for Foreign Affairs

Eduards STIPRAIS

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Republic of Latvia to the European Union

THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,

Antanas VALIONIS

Minister of Foreign Affairs

Albinas JANUSKA

Under-secretary at the Ministry of Foreign Affairs

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

Jean-Claude JUNCKER

Prime Minister, Ministre d'Etat, Minister for Finance

Jean ASSELBORN

Deputy Prime Minister, Minister for Foreign Affairs and Immigration

THE PRESIDENT OF THE REPUBLIC OF HUNGARY,

Dr. Ferenc SOMOGYI

Minister for Foreign Affairs

Dr. Etele BARÁTH

Minister without portfolio responsible for European Union Affairs

THE PRESIDENT OF MALTA,

The Hon Michael FRENDO

Minister for Foreign Affairs

Richard CACHIA CARUANA

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of Malta to the European Union

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

Dr. B.R. BOT

Minister for Foreign Affairs

Atzo NICOLAÏ

Minister for European Affairs

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA,

Hubert GORBACH

Vice Chancellor

Dr. Ursula PLASSNIK

Federal Minister for Foreign Affairs

THE PRESIDENT OF THE REPUBLIC OF POLAND,

Adam Daniel ROTFELD

Minister of Foreign Affairs

Jarosław PIETRAS

Secretary of State for European Affairs

THE PRESIDENT OF THE PORTUGUESE REPUBLIC,

Diogo PINTO DE FREITAS DO AMARAL

Minister of State and Foreign Affairs

Fernando Manuel de MENDONÇA D'OLIVEIRA NEVES

Secretary of State for European Affairs

THE PRESIDENT OF ROMANIA,

Traian BĂSESCU

President

Călin POPESCU - TĂRICEANU

Prime Minister

Mihai - Răzvan UNGUREANU

Minister of Foreign Affaires

Leonard ORBAN

Chief Negotiator with the European Union

THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,

Božo CERAR

State Secretary at the Ministry of Foreign Affairs

THE PRESIDENT OF THE SLOVAK REPUBLIC,

Eduard KUKAN

Minister of Foreign Affairs

József BERÉNYI

State Secretary of Foreign Affairs

THE PRESIDENT OF THE REPUBLIC OF FINLAND,

Eikka KOSONEN

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Republic of Finland to the European Union

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

Laila FREIVALDS

Minister for Foreign Affairs

Sven-Olof PETERSSON

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the Kingdom of Sweden to the European Union

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

Sir John GRANT KCMG

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the European Union

WHO, having exchanged their full powers found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

1.   The Republic of Bulgaria and Romania hereby become members of the European Union.

2.   The Republic of Bulgaria and Romania become Parties to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community as amended or supplemented.

3.   The conditions and arrangements for admission are set out in the Protocol annexed to this Treaty. The provisions of that Protocol shall form an integral part of this Treaty.

4.   The Protocol, including its Annexes and Appendices, shall be annexed to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community, and its provisions shall form an integral part of those Treaties.

Article 2

1.   In the event that the Treaty establishing a Constitution for Europe is not in force on the date of accession, the Republic of Bulgaria and Romania become Parties to the Treaties on which the Union is founded, as amended or supplemented.

In such event Article 1(2) to (4) shall become applicable from the date of entry into force of the Treaty establishing a Constitution for Europe.

2.   The conditions of admission and the adjustments to the Treaties on which the Union is founded, entailed by such admission, which will apply from the date of accession until the date of entry into force of the Treaty establishing a Constitution for Europe, are set out in the Act annexed to this Treaty. The provisions of that Act shall form an integral part of this Treaty.

3.   In the event that the Treaty establishing a Constitution for Europe enters into force after accession, the Protocol referred to in Article 1(3) shall replace the Act referred to in Article 2(2) on the date of entry into force of the said Treaty. In such event, the provisions of the aforementioned Protocol shall not be considered as creating a new legal effect, but as preserving, under the conditions laid down in the Treaty establishing a Constitution for Europe, the Treaty establishing the European Atomic Energy Community and that Protocol, the legal effects which have already been created by the provisions of the Act referred to in Article 2(2).

Acts adopted prior to the entry into force of the Protocol referred to in Article 1(3) on the basis of this Treaty or the Act referred to in paragraph 2 shall remain in force and their legal effects shall be preserved until those acts are amended or repealed.

Article 3

The provisions concerning the rights and obligations of the Member States and the powers and jurisdiction of the institutions of the Union as set out in the Treaties to which the Republic of Bulgaria and Romania become Parties shall apply in respect of this Treaty.

Article 4

1.   This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic by 31 December 2006 at the latest.

2.   This Treaty shall enter into force on 1 January 2007 provided that all the instruments of ratification have been deposited before that date.

If, however, a State referred to in Article 1(1) has not deposited its instrument of ratification in due time, this Treaty shall enter into force for the other State which has deposited its instrument. In that case, the Council, acting unanimously, shall decide immediately upon such adjustments as have become indispensable to this Treaty, to Articles 10, 11(2), 12, 21(1), 22, 31, 34 and 46, Annex III, point 2(1)(b), 2(2) and 2(3) and Annex IV, section B, of the Protocol referred to in Article 1(3) and, as the case may be, to Articles 9 to 11, 14(3), 15, 24(1), 31, 34, 46 and 47, Annex III, point 2(1)(b), 2(2) and 2(3) and Annex IV, section B, of the Act referred to in Article 2(2); acting unanimously, it may also declare that those provisions of the aforementioned Protocol, including its Annexes and Appendices and, as the case may be, of the aforementioned Act, including its Annexes and Appendices, which refer expressly to a State which has not deposited its instrument of ratification have lapsed, or it may adjust them.

Notwithstanding the deposit of all necessary instruments of ratification in accordance with paragraph 1, this Treaty shall enter into force on 1 January 2008, if the Council adopts a decision concerning both acceding States under Article 39 of the Protocol referred to in Article 1(3), or under Article 39 of the Act referred to in Article 2(2) prior to the entry into force of the Treaty establishing a Constitution for Europe.

If such a decision is taken with respect to only one of the acceding States this Treaty shall enter into force for that State on 1 January 2008.

3.   Notwithstanding paragraph 2, the institutions of the Union may adopt before accession the measures referred to in Articles 3(6), 6(2) second subparagraph, 6(4) second subparagraph, 6(7) second and third subparagraphs, 6(8) second subparagraph, 6(9) third subparagraph, 17, 19, 27(1) and (4), 28(4) and (5), 29, 30(3), 31(4), 32(5), 34(3) and (4), 37, 38, 39(4), 41, 42, 55, 56, 57 and Annexes IV to VIII of the Protocol referred to in Article 1(3). Such measures shall be adopted under the equivalent provisions in Articles 3(6), 6(2) second subparagraph, 6(4) second subparagraph, 6(7) second and third subparagraphs, 6(8) second subparagraph, 6(9) third subparagraph, 20, 22, 27(1) and (4), 28(4) and (5), 29, 30(3), 31(4), 32(5), 34(3) and (4), 37, 38, 39(4), 41, 42, 55, 56, 57 and Annexes IV to VIII of the Act referred to in Article 2(2), prior to the entry into force of the Treaty establishing a Constitution for Europe.

These measures shall enter into force only subject to and on the date of the entry into force of this Treaty.

Article 5

The text of the Treaty establishing a Constitution for Europe drawn up in the Bulgarian and Romanian languages shall be annexed to this Treaty. Those texts shall be authentic under the same conditions as the texts of the Treaty establishing a Constitution for Europe drawn up in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages.

The Government of the Italian Republic shall remit to the Governments of the Republic of Bulgaria and Romania a certified copy of the Treaty establishing a Constitution for Europe in all the languages referred to in the first paragraph.

Article 6

This Treaty, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic, shall 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.

В ПОТВЪРЖДЕНИЕ НА КОЕТО, долуподписаните упълномощени представители подписаха настоящия договор.

EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente Tratado.

NA DŮKAZ ČEHOŽ připojili níže podepsaní zplnomocnění zástupci k této smlouvě své podpisy.

TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne traktat.

ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diesen Vertrag gesetzt.

SELLE KINNITUSEKS on nimetatud täievolilised esindajad käesolevale lepingule alla kirjutanud.

ΣΕ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι κάτωθι υπογεγραμμένοι πληρεξούσιοι υπέγραψαν την παρούσα Συνθήκη.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent traité.

DÁ FHIANÚ SIN, chuir na Lánchumhachtaigh thíos-sínithe a lámh leis an gConradh seo.

IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente trattato.

TO APLIECINOT, Pilnvarotie ir parakstījuši šo Līgumu.

TAI PALIUDYDAMI šią Sutartį pasirašė toliau nurodyti įgaliotieji atstovai.

FENTIEK HITELÉÜL az alulírott meghatalmazottak aláírták ezt a szerződést.

B'XIEHDA TA' DAN il-Plenipotenzjarji sottoskritti iffirmaw dan it-Trattat.

TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben gesteld.

W DOWÓD CZEGO niżej podpisani pełnomocnicy złożyli swoje podpisy pod niniejszym Traktatem.

EM FÉ DO QUE, os plenipotenciários abaixo-assinados apuseram as suas assinaturas no final do presente Tratado.

DREPT CARE subsemnaţii plenipotenţiari au semnat prezentul tratat.

NA DÔKAZ TOHO splnomocnení zástupcovia podpísali túto zmluvu.

V POTRDITEV TEGA so spodaj podpisani pooblaščenci podpisali to pogodbo.

TÄMÄN VAKUUDEKSI ALLA MAINITUT täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.

SOM BEKRÄFTELSE PÅ DETTA har undertecknade befullmäktigade ombud undertecknat detta fördrag.

Съставено в Люксембург на двадесет и пети април две хиляди и пета година.

Hecho en Luxemburgo, el veinticinco de abril del dos mil cinco.

V Lucemburku dne dvacátého pátého dubna dva tisíce pět.

Udfærdiget i Luxembourg den femogtyvende april to tusind og fire.

Geschehen zu Luxemburg am fünfundzwanzigsten April zweitausendfünf.

Kahe tuhande viienda aasta aprillikuu kahekümne viiendal päeval Luxembourgis.

Έγινε στo Λουξεμβούργο, στις είκοσι πέντε Απριλίου δύο χιλιάδες πέντε.

Done at Luxembourg on the twenty‐fifth day of April in the year two thousand and five.

Fait à Luxembourg, le vingt‐cinq avril deux mille cinq.

Arna dhéanamh i Lucsamburg, an cúigiú lá fichead d'Aibreán sa bhliain dhá mhíle is a cúig.

Fatto a Lussembourgo, addi' venticinque aprile duemilacinque.

Luksemburgā, divtūkstoš piektā gada divdesmit piektajā aprīlī.

Priimta du tūkstančiai penktų metų balandžio dvidešimt penktą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer ötödik év április huszonötödik napján.

Magħmul fil-Lussemburgu, fil-ħamsa u għoxrin jum ta' April tas-sena elfejn u ħamsa.

Gedaan te Luxemburg, de vijfentwintigste april tweeduizend vijf.

Sporządzono w Luksemburgu dnia dwudziestego piątego kwietnia roku dwutysięcznego piątego.

Feito em Luxemburgo, em vinte e cinco de Abril de dois mil e cinco.

Întocmit la Luxemburg la douăzecişicinci aprilie anul două mii cinci.

V Luxembourgu, petindvajsetega aprila leta dva tisoč pet.

V Luxemburgu dňa dvadsiateho piateho apríla dvetisícpäť.

Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä huhtikuuta vuonna kaksituhattaviisi.

Som skedde i Luxemburg den tjugofemte april tjugohundrafem.

Pour Sa Majesté le Roi des Belges

Voor Zijne Majesteit de Koning der Belgen

Für Seine Majestät den König der Belgier

Image 1

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

За Република България

Image 2

Za prezindenta České republiky

Image 3

For Hendes Majestæt Danmarks Dronning

Image 4

Für den Präsidenten der Bundesrepublik Deutschland

Image 5

Eesti Vabariigi Presidendi nimel

Image 6

Για τον Пρόεδρο της Еλληνικής Δημοκρατίας

Image 7

Por Su Majestad el Rey de España

Image 8

Pour le Président de la République française

Image 9

Thar ceann Uachtarán na hÉireann

For the President of Ireland

Image 10

Per il Presidente della Repubblica italiana

Image 11

Για τον Пρόεδρο της Кνπριαкής Δημοκρατίας

Image 12

Latvijas Republikas Valsts prezidentes vārdā

Image 13

Lietuvos Respublikos Prezidento vardu

Image 14

Pour Son Altesse Royale le Grand-Duc de Luxembourg

Image 15

A Magyar Köztársaság Elnöke részéről

Image 16

Għall-President ta' Malta

Image 17

Voor Hare Majesteit de Koningin der Nederlanden

Image 18

Für den Bundespräsidenten der Republik Österreich

Image 19

Za Prezydenta Rzeczypospolitej Polskiej

Image 20

Pelo Presidente da República Portuguesa

Image 21

Pentru Preşedintele României

Image 22

Za predsednika Republike Slovenije

Image 23

Za prezidenta Slovenskej republiky

Image 24

Suomen Tasavallan Presidentin puolesta

För Republiken Finlands President

Image 25

För Konungariket Sveriges regering

Image 26

For Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland

Image 27


PROTOCOL

Concerning the conditions and arrangements for admission of the republic of Bulgaria and Romania to the European Union

THE HIGH CONTRACTING PARTIES,

CONSIDERING that the Republic of Bulgaria and Romania become members of the European Union on 1 January 2007;

CONSIDERING that Article I-58 of the Treaty establishing a Constitution for Europe provides that the conditions and arrangements for admission shall be the subject of an agreement between the Member States and the candidate State;

HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community:

PART ONE

PRINCIPLES

Article 1

1.   For the purposes of this Protocol:

the expression ‘Constitution’ means the Treaty establishing a Constitution for Europe;

the expression ‘EAEC Treaty’ means the Treaty establishing the European Atomic Energy Community, as supplemented or amended by treaties or other acts which entered into force before accession;

the expression ‘present Member States’ means 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 and the United Kingdom of Great Britain and Northern Ireland;

the expression ‘new Member States’ means the Republic of Bulgaria and Romania;

the expression ‘the institutions’ means the institutions established by the Constitution.

2.   The references in this Protocol to the Constitution and to the Union shall, where appropriate, be taken as references, respectively, to the EAEC Treaty and to the Community established by the EAEC Treaty.

Article 2

From the date of accession, the provisions of the Constitution, the EAEC Treaty and the acts adopted by the institutions before accession shall be binding on Bulgaria and Romania and shall apply in those States under the conditions laid down in the Constitution, in the EAEC Treaty and in this Protocol.

Article 3

1.   Bulgaria and Romania accede to the decisions and agreements adopted by the Representatives of the Governments of the Member States meeting within the Council.

2.   Bulgaria and Romania are in the same situation as the present Member States in respect of declarations or resolutions of, or other positions taken up by, the European Council or the Council and in respect of those concerning the Union adopted by common agreement of the Member States; they will accordingly observe the principles and guidelines deriving from those declarations, resolutions or other positions and will take such measures as may be necessary to ensure their implementation.

3.   Bulgaria and Romania accede to the conventions and protocols listed in Annex I. Those conventions and protocols shall enter into force in relation to Bulgaria and Romania on the date determined by the Council in the decisions referred to in paragraph 4.

4.   The Council, acting unanimously on a recommendation by the Commission and after consulting the European Parliament, shall adopt European decisions making all adjustments required by reason of accession to the conventions and protocols referred to in paragraph 3 and publish the adapted text in the Official Journal of the European Union.

5.   Bulgaria and Romania undertake in respect of the conventions and protocols referred to in paragraph 3 to introduce administrative and other arrangements, such as those adopted by the date of accession by the present Member States or by the Council, and to facilitate practical cooperation between the Member States' institutions and organisations.

6.   The Council, acting unanimously on a proposal from the Commission, may adopt European decisions supplementing Annex I with those conventions, agreements and protocols signed before the date of accession.

7.   The particular instruments mentioned in this Article include those referred to in Article IV‐438 of the Constitution.

Article 4

1.   The provisions of the Schengen acquis, referred to in Protocol No 17 to the Constitution on the Schengen acquis integrated into the framework of the European Union, and the acts building upon it or otherwise related to it, listed in Annex II, as well as any further such acts adopted before the date of accession, shall be binding on and applicable in Bulgaria and Romania from the date of accession.

2.   Those provisions of the Schengen acquis as integrated into the framework of the European Union and the acts building upon it or otherwise related to it not referred to in paragraph 1, while binding on Bulgaria and Romania from the date of accession, shall only apply in each of those States pursuant to a European decision of the Council to that effect after verification in accordance with the applicable Schengen evaluation procedures that the necessary conditions for the application of all parts of the acquis concerned have been met in that State.

The Council shall take its decision, after consulting the European Parliament, acting with the unanimity of its members representing the Governments of the Member States in respect of which the provisions referred to in this paragraph have already been put into effect and of the representative of the Government of the Member State in respect of which those provisions are to be put into effect. The members of the Council representing the Governments of Ireland and of the United Kingdom of Great Britain and Northern Ireland shall take part in such a decision insofar as it relates to the provisions of the Schengen acquis and the acts building upon it or otherwise related to it in which these Member States participate.

Article 5

Bulgaria and Romania shall participate in Economic and Monetary Union from the date of accession as Member States with a derogation within the meaning of Article III-197 of the Constitution.

Article 6

1.   The agreements or conventions concluded or provisionally applied by the Union with one or more third States, with an international organisation or with a national of a third State, shall, under the conditions laid down in the Constitution and in this Protocol, be binding on Bulgaria and Romania.

2.   Bulgaria and Romania undertake to accede, under the conditions laid down in this Protocol, to the agreements or conventions concluded or signed by the Union and the present Member States, acting jointly.

The accession of Bulgaria and Romania to the agreements or conventions concluded or signed by the Union and the present Member States acting jointly with particular third countries or international organisations shall be agreed by the conclusion of a protocol to such agreements or conventions between the Council, acting unanimously on behalf of the Member States, and the third country or countries or international organisation concerned. The Commission shall negotiate these protocols on behalf of the Member States on the basis of negotiating directives approved by the Council, acting unanimously, and in consultation with a committee comprised of the representatives of the Member States. It shall submit a draft of the protocols for conclusion to the Council.

This procedure is without prejudice to the exercise of the Union's own competences and does not affect the allocation of powers between the Union and the Member States as regards the conclusion of such agreements in the future or any other amendments not related to accession.

3.   Upon acceding to the agreements and conventions referred to in paragraph 2 Bulgaria and Romania shall acquire the same rights and obligations under those agreements and conventions as the present Member States.

4.   As from the date of accession, and pending the entry into force of the necessary protocols referred to in paragraph 2, Bulgaria and Romania shall apply the provisions of the agreements or conventions concluded jointly by the Union and the present Member States before accession, with the exception of the agreement on the free movement of persons concluded with Switzerland. This obligation also applies to those agreements or conventions which the Union and the present Member States have agreed to apply provisionally.

Pending the entry into force of the protocols referred to in paragraph 2, the Union and the Member States, acting jointly as appropriate in the framework of their respective competences, shall take any appropriate measure.

5.   Bulgaria and Romania accede to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (1), signed in Cotonou on 23 June 2000.

6.   Bulgaria and Romania undertake to accede, under the conditions laid down in this Protocol, to the Agreement on the European Economic Area (2), in accordance with Article 128 of that Agreement.

7.   As from the date of accession, Bulgaria and Romania shall apply the bilateral textile agreements and arrangements concluded by the Union with third countries.

The quantitative restrictions applied by the Union on imports of textile and clothing products shall be adjusted to take account of the accession of Bulgaria and Romania to the Union. To that effect, amendments to the bilateral agreements and arrangements referred to above may be negotiated by the Union with the third countries concerned prior to the date of accession.

Should the amendments to the bilateral textile agreements and arrangements not have entered into force by the date of accession, the Union shall make the necessary adjustments to its rules for the import of textile and clothing products from third countries to take into account the accession of Bulgaria and Romania.

8.   The quantitative restrictions applied by the Union on imports of steel and steel products shall be adjusted on the basis of imports of Bulgaria and Romania over recent years of steel products originating in the supplier countries concerned.

To that effect, the necessary amendments to the bilateral steel agreements and arrangements concluded by the Union with third countries shall be negotiated prior to the date of accession.

Should the amendments to the bilateral agreements and arrangements not have entered into force by the date of accession, the provisions of the first subparagraph shall apply.

9.   Fisheries agreements concluded before accession by Bulgaria or Romania with third countries shall be managed by the Union.

The rights and obligations resulting for Bulgaria and Romania from those agreements shall not be affected during the period in which the provisions of those agreements are provisionally maintained.

As soon as possible, and in any event before the expiry of the agreements referred to in the first subparagraph, appropriate decisions for the continuation of fishing activities resulting from those agreements shall be adopted in each case by the Council on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.

10.   With effect from the date of accession, Bulgaria and Romania shall withdraw from any free trade agreements with third countries, including the Central European Free Trade Agreement.

To the extent that agreements between Bulgaria, Romania or both those States on the one hand, and one or more third countries on the other, are not compatible with the obligations arising from this Protocol, Bulgaria and Romania shall take all appropriate steps to eliminate the incompatibilities established. If Bulgaria or Romania encounters difficulties in adjusting an agreement concluded with one or more third countries before accession, it shall, according to the terms of the agreement, withdraw from that agreement.

11.   Bulgaria and Romania accede under the conditions laid down in this Protocol to the internal agreements concluded by the present Member States for the purpose of implementing the agreements or conventions referred to in paragraphs 2, 5 and 6.

12.   Bulgaria and Romania shall take appropriate measures, where necessary, to adjust their position in relation to international organisations, and to those international agreements to which the Union or to which other Member States are also parties, to the rights and obligations arising from their accession to the Union.

They shall in particular withdraw at the date of accession or the earliest possible date thereafter from international fisheries agreements and organisations to which the Union is also a party, unless their membership relates to matters other than fisheries.

13.   Where this Article refers to conventions and agreements concluded or signed by the Union, they include those referred to in Article IV-438 of the Constitution.

Article 7

A European law of the Council may repeal the transitional provisions set out in this Protocol, when they are no longer applicable. The Council shall act unanimously after consulting the European Parliament.

Article 8

1.   Acts adopted by the institutions to which the transitional provisions laid down in this Protocol relate shall retain their status in law; in particular, the procedures for amending those acts shall continue to apply.

2.   Provisions of this Protocol the purpose or effect of which is to repeal or amend acts adopted by the institutions, otherwise than as a transitional measure, shall have the same status in law as the provisions which they repeal or amend and shall be subject to the same rules as those provisions.

Article 9

The application of the Constitution and acts adopted by the institutions shall, as a transitional measure, be subject to the derogations provided for in this Protocol.

PART TWO

ADJUSTMENTS TO THE CONSTITUTION

TITLE I

INSTITUTIONAL PROVISIONS

Article 10

1.   Article 9, first paragraph, of Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Constitution and the EAEC Treaty, shall be replaced by the following:

‘When, every three years, the Judges are partially replaced, fourteen and thirteen Judges shall be replaced alternately.’.

2.   Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Constitution and the EAEC Treaty, shall be replaced by the following:

‘Article 48

The General Court shall consist of twenty‐seven Judges.’.

Article 11

Protocol No 5 on the Statute of the European Investment Bank, annexed to the Constitution, is hereby amended as follows:

1.

In Article 4(1), first subparagraph:

(a)

the introductory sentence shall be replaced by the following:

‘1.

The capital of the Bank shall be 164 795 737 000 euro subscribed by the Member States as follows (*1):

(*1)  The figures quoted for Bulgaria and Romania are indicative and based on the 2003 data published by Eurostat.’"

(b)

the following shall be inserted between the entries for Ireland and Slovakia:

‘Romania

846 000 000’; and

(c)

the following shall be inserted between the entries for Slovenia and Lithuania:

‘Bulgaria

296 000 000’.

2.

In Article 9(2) the first, second and third paragraphs shall be replaced by the following:

‘2.

The Board of Directors shall consist of twenty-eight directors and eighteen alternate directors.

The directors shall be appointed by the Board of Governors for five years, one nominated by each Member State. One shall also be nominated by the Commission.

The alternate directors shall be appointed by the Board of Governors for five years as shown below:

two alternates nominated by the Federal Republic of Germany,

two alternates nominated by the French Republic,

two alternates nominated by the Italian Republic,

two alternates nominated by the United Kingdom of Great Britain and Northern Ireland,

one alternate nominated by common accord between the Kingdom of Spain and the Portuguese Republic,

one alternate nominated by common accord between the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands,

two alternates nominated by common accord between the Kingdom of Denmark, the Hellenic Republic, Ireland and Romania,

two alternates nominated by common accord between the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,

three alternates nominated by common accord between the Republic of Bulgaria, the Czech Republic, the Republic of Cyprus, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic,

one alternate nominated by the Commission.’.

Article 12

Article 134(2), first subparagraph, of the EAEC Treaty on the composition of the Scientific and Technical Committee shall be replaced by the following:

‘2.

The Committee shall consist of forty-one members, appointed by the Council after consultation with the Commission.’

TITLE II

OTHER ADJUSTMENTS

Article 13

The last sentence of Article III-157(1) of the Constitution shall be replaced by the following:

‘With regard to restrictions existing under national law in Bulgaria, Estonia and Hungary, the date in question shall be 31 December 1999.’

Article 14

Article IV-440(1) of the Constitution shall be replaced by the following:

‘1.

This Treaty shall apply to the Kingdom of Belgium, the Republic of Bulgaria, 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, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.’

Article 15

1.   The following subparagraph shall be added to Article IV-448(1) of the Constitution:

‘Pursuant to the Accession Treaty, the Bulgarian and Romanian versions of this Treaty shall also be authentic.’

2.   The second paragraph of Article 225 of the EAEC Treaty shall be replaced by the following:

‘The Bulgarian, Czech, Danish, English, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish versions of this Treaty shall also be authentic.’

PART THREE

PERMANENT PROVISIONS

TITLE I

ADAPTATIONS TO ACTS ADOPTED BY THE INSTITUTIONS

Article 16

The acts listed in Annex III to this Protocol shall be adapted as specified in that Annex.

Article 17

The adaptations to the acts listed in Annex IV to this Protocol made necessary by accession shall be drawn up in conformity with the guidelines set out in that Annex.

TITLE II

OTHER PROVISIONS

Article 18

The measures listed in Annex V to this Protocol shall be applied under the conditions laid down in that Annex.

Article 19

A European law of the Council may make the adaptations to the provisions of this Protocol relating to the common agricultural policy which may prove necessar