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OJ L , In force: This act has been changed. Important legal notice. The conditions of admission and the adjustments to the Treaties on which the Union is founded, entailed by such admission, are set out in the Act annexed to this Treaty.
The provisions of that Act shall form an integral part of this Treaty. 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 referred to in paragraph 1 shall apply in respect of this Treaty. 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 30 April at the latest.
This Treaty shall enter into force on 1 May provided that all the instruments of ratification have been deposited before that date. If, however, the States referred to in Article 1 1 have not all deposited their instruments of ratification in due time, the Treaty shall enter into force for those States which have deposited their instruments.
In this case, the Council of the European Union, acting unanimously, shall decide immediately upon such adjustments as have become indispensable to Article 3 of this Treaty, to Articles 1, 6 6 , 11 to 15, 18, 19, 25, 26, 29 to 31, 33 to 35, 46 to 49, 58 and 61 of the Act of Accession, to Annexes II to XV and their Appendices to that Act and to Protocols 1 to 10 annexed thereto; acting unanimously, it may also declare that those provisions of the aforementioned Act, including its Annexes, Appendices and Protocols, which refer expressly to a State which has not deposited its instrument of ratification have lapsed, or it may adjust them.
Notwithstanding paragraph 2, the institutions of the Union may adopt before accession the measures referred to in Articles 6 2 second subparagraph, 6 6 second subparagraph, 6 7 second and third subparagraphs, 6 8 second and third subparagraphs, 6 9 third subparagraph, 21, 23, 28 1 , 32 5 , 33 1 , 33 4 , 33 5 , 38, 39, 41, 42 and 55 to 57 of the Act of Accession, Annexes III to XIV to that Act, and Protocol 2, Article 6 of Protocol 3, Article 2 2 of Protocol 4, Protocol 8 and Articles 1, 2 and 4 of Protocol 10 annexed thereto.
These measures shall enter into force only subject to and on the date of the entry into force of this Treaty.
Hecho en Atenas, el dieciseis de abril del dos mil tres. Geschehen zu Athen am sechzehnten April zweitausendunddrei. Done at Athens on the sixteenth day of April in the year two thousand and three. Fatto a Atene, addi' sedici aprile duemilatre. Gedaan te Athene, de zestiende april tweeduizenddrie.
Som skedde i Aten den sextonde april tjugohundratre. From the date of accession, the provisions of the original Treaties and the acts adopted by the institutions and the European Central Bank before accession shall be binding on the new Member States and shall apply in those States under the conditions laid down in those Treaties and in this Act. The provisions of the Schengen acquis as integrated into the framework of the European Union by the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community hereinafter referred to as the "Schengen Protocol" , and the acts building upon it or otherwise related to it, listed in Annex I to this Act, as well as any further such acts which may be adopted before the date of accession, shall be binding on and applicable in the new Member States from the date of accession.
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 the new Member States from the date of accession, shall only apply in a new Member State pursuant to a Council decision 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 new Member State and after consulting the European Parliament.
The Council shall take its decision acting with the unanimity of its members representing the Governments of the Member States in respect of which the provisions referred to in the present 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.
The Agreements concluded by the Council under Article 6 of the Schengen Protocol shall be binding on the new Member States from the date of accession. The new Member States undertake in respect of those conventions or instruments in the field of justice and home affairs which are inseparable from the attainment of the objectives of the EU Treaty:.
The new Member States accede by this Act to the decisions and agreements adopted by the Representatives of the Governments of the Member States meeting within the Council. They undertake to accede from the date of accession to all other agreements concluded by the present Member States relating to the functioning of the Union or connected with the activities thereof.
The new Member States undertake to accede to the conventions provided for in Article of the EC Treaty and to those that are inseparable from the attainment of the objectives of the EC Treaty, and also to the protocols on the interpretation of those conventions by the Court of Justice, signed by the present Member States and to this end they undertake to enter into negotiations with the present Member States in order to make the necessary adjustments thereto.
The new Member States 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 Community or 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.
The agreements or conventions concluded or provisionally applied by the Community or in accordance with Article 24 or Article 38 of the EU Treaty, 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 original Treaties and in this Act, be binding on the new Member States.
The new Member States undertake to accede, under the conditions laid down in this Act, to the agreements or conventions concluded or provisionally applied by the present Member States and the Community, acting jointly, and to the agreements concluded by those States which are related to those agreements or conventions.
The accession of the new Member States to the agreements or conventions mentioned in paragraph 6 below, as well as the agreements with Belarus, China, Chile, Mercosur and Switzerland which have been concluded or signed by the Community and its Member States jointly 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.
This procedure is without prejudice to the Community's own competences and does not affect the allocation of powers between the Community and the Member States as regards the conclusion of such agreements in the future or any other amendments not related to accession.
The Commission shall negotiate these protocols on behalf of the Member States on the basis of negotiating directives approved by the Council, acting by unanimity, 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. Upon acceding to the agreements and conventions referred to in paragraph 2 the new Member States shall acquire the same rights and obligations under those agreements and conventions as the present Member States.
The new Member States undertake to accede, under the conditions laid down in this Act, to the Agreement on the European Economic Area , in accordance with Article of that Agreement. Any adjustments to these Agreements shall be the subject of protocols concluded with the co-contracting countries in conformity with the provisions of the second subparagraph of paragraph 2. Should the protocols not have been concluded by the date of accession, the Community and the Member States shall take, in the framework of their respective competences, the necessary measures to deal with that situation upon accession.
As from the date of accession, the new Member States shall apply the bilateral textile agreements and arrangements concluded by the Community with third countries. The quantitative restrictions applied by the Community on imports of textile and clothing products shall be adjusted to take account of the accession of the new Member States to the Community.
To that effect, amendments to the bilateral agreements and arrangements referred to above may be negotiated by the Community 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 Community 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 the new Member States to the Community.
The quantitative restrictions applied by the Community on imports of steel and steel products shall be adjusted on the basis of imports of new Member States 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 Community 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.
As from the date of accession, fisheries agreements concluded by the new Member States with third countries shall be managed by the Community. The rights and obligations resulting for the new Member States 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 acting by qualified majority on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.
With effect from the date of accession, the new Member States shall withdraw from any free trade agreements with third countries, including the Central European Free Trade Agreement. To the extent that agreements between one or more of the new Member States on the one hand, and one or more third countries on the other, are not compatible with the obligations arising from this Act, the new Member State shall take all appropriate steps to eliminate the incompatibilities established.
If a new Member State 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. The new Member States accede by this Act and under the conditions laid down therein to the internal agreements concluded by the present Member States for the purpose of implementing the agreements or conventions referred to in paragraphs 2 and 4 to 6.
The new Member States shall take appropriate measures, where necessary, to adjust their position in relation to international organisations, and to those international agreements to which the Community 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 Community is also a party, unless their membership relates to matters other than fisheries.
The provisions of this Act may not, unless otherwise provided herein, be suspended, amended or repealed other than by means of the procedure laid down in the original Treaties enabling those Treaties to be revised. Acts adopted by the institutions to which the transitional provisions laid down in this Act relate shall retain their status in law; in particular, the procedures for amending those acts shall continue to apply.
Provisions of this Act 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. The application of the original Treaties and acts adopted by the institutions shall, as a transitional measure, be subject to the derogations provided for in this Act. With effect from the start of the term, in Article 2 of the EC Treaty and in Article 2 of the Euratom Treaty, the first subparagraph shall be replaced by the following:.
Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows:. Acts of the Council shall require for their adoption at least votes in favour cast by a majority of the members where this Treaty requires them to be adopted on a proposal from the Commission. In other cases, for their adoption acts of the Council shall require at least votes in favour, cast by at least two-thirds of the members.
If that condition is shown not to have been met, the decision in question shall not be adopted. For their adoption, decisions shall require at least votes in favour cast by at least two-thirds of the members. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 2 of the Treaty establishing the European Community, and for their adoption acts of the Council shall require at least votes in favour, cast by at least two-thirds of the members.
The Committee shall consist of thirty-nine members, appointed by the Council after consultation with the Commission. The increase shall be determined by multiplying the respective amounts then prevailing by the ratio, within the expanded capital key, between the weighting of the entering national central banks concerned and the weighting of the national central banks already members of the ESCB.
Each national central bank's weighting in the capital key shall be calculated by analogy with Article The reference periods to be used for the statistical data shall be identical to those applied for the latest quinquennial adjustment of the weightings under Article The adaptations to the acts listed in Annex III to this Act made necessary by accession shall be drawn up in conformity with the guidelines set out in that Annex and in accordance with the procedure and under the conditions laid down in Article The measures listed in Annex IV to this Act shall be applied under the conditions laid down in that Annex.
The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may make the adaptations to the provisions of this Act relating to the common agricultural policy which may prove necessary as a result of a modification in Community rules. Such adaptations may be made before the date of accession.
By way of derogation from the second paragraph of Article of the EC Treaty and from the second paragraph of Article of the Euratom Treaty and with regard to Article 2 of the EC Treaty and Article 2 of the Euratom Treaty, the number of seats in the European Parliament for the new Member States for the period running from the date of accession until the beginning of the term of the European Parliament shall be as follows:.
By way of derogation from Article 1 EC Treaty and Article 2 Euratom Treaty, the representatives in the European Parliament of the peoples of the new Member States for the period running from the date of accession until the beginning of the term of the European Parliament shall be appointed by the Parliaments of those States within themselves in accordance with the procedure laid down by each of those States.
Where the Council is required to act by a qualified majority the votes of its members shall be weighted as follows:. For their adoption, decisions shall require at least 88 votes in favour cast by at least two-thirds of the members. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as laid down in Article 2 of the Treaty establishing the European Community, and for their adoption acts of the Council shall require at least 88 votes in favour, cast by at least two-thirds of the members.
The general budget of the European Communities for the financial year shall be adapted to take into account the accession of the new Member States through an amending budget that shall enter into effect on 1 May The twelve monthly twelfths of VAT and GNI-based resources to be paid by the new Member States under this amending budget, as well as the retroactive adjustment of the monthly twelfths for the period January-April that only apply to the present Member States, shall be converted into eighths to be called during the period May-December The retroactive adjustments that result from any subsequent amending budget adopted in shall likewise be converted into equal parts to be called during the remainder of the year.
On the first working day of each month the Community shall pay the Czech Republic, Cyprus, Malta and Slovenia, as an item of expenditure under the general budget of the European Communities, one eighth in , as of the date of accession, and one twelfth in and of the following amounts of temporary budgetary compensation:. On the first working day of each month the Community shall pay the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, as an item of expenditure under the general budget of the European Communities, one eighth in , as of the date of accession, and one twelfth in and of the following amounts of a special lump-sum cash-flow facility:.
EUR 1 billion for Poland and EUR million for the Czech Republic included in the special lump-sum cash-flow facility shall be taken into account for any calculations on the distribution of structural funds for the years The contributions to the Research Fund for Coal and Steel shall be made in four instalments starting in and paid as follows, in each case on the first working day of the first month of each year:.
The new Member States shall receive the same treatment as the present Member States as regards expenditure under the first three Headings of the financial perspective, as defined in the Interinstitutional Agreement of 6 May , as from 1 January , subject to the individual specifications and exceptions below or as otherwise provided for in this Treaty.
The maximum additional appropriations for headings 1, 2, 3 and 5 of the Financial Perspective related to enlargement are set out in Annex XV. However, no financial commitment under the budget for any programme or agency concerned may be made before the accession of the relevant new Member State has taken place. Subject to the last sentence of paragraph 1, as of 1 January , the new Member States will participate in Community programmes and agencies according to the same terms and conditions as the present Member States with funding from the general budget of the European Communities.
The terms and conditions laid down in Association Council Decisions, Agreements and Memoranda of Understanding between the European Communities and the new Member States regarding their participation in Community programmes and agencies shall be superseded by the provisions governing the relevant programmes and agencies with effect from 1 January Should any of the States referred to in Article 1 1 of the Treaty of Accession not accede to the Community during , any application made by or from the State concerned for funding by expenditure under the first three Headings of the Financial Perspective for shall be null and void.
In that case the relevant Association Council Decision, Agreement or Memorandum of Understanding shall continue to apply in respect of that State throughout the entire year If any measures are necessary to facilitate the transition from the pre-accession regime to that resulting from the application of this Article, the Commission shall adopt the required measures.
Tendering, contracting, implementation and payments for pre-accession assistance under the Phare programme , the Phare CBC programme  and pre-accession funds for Cyprus and Malta  shall be managed by implementing agencies in the new Member States as of the date of accession.
If this Commission decision to waive ex-ante control has not been taken before the date of accession, any contracts signed between the date of accession and the date on which the Commission decision is taken shall not be eligible for pre-accession assistance.
However, exceptionally, if the Commission decision to waive ex-ante control is delayed beyond the date of accession for reasons not attributable to the authorities of a new Member State, the Commission may accept, in duly justified cases, eligibility for pre-accession assistance of contracts signed between accession and the date of the Commission decision, and the continued implementation of pre-accession assistance for a limited period, subject to ex-ante control by the Commission over tendering and contracting.
Global budget commitments made before accession under the pre-accession financial instruments referred to in paragraph 1, including the conclusion and registration of subsequent individual legal commitments and payments made after accession shall continue to be governed by the rules and regulations of the pre-accession financing instruments and be charged to the corresponding budget chapters until closure of the programmes and projects concerned.
L Paul Marino
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