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Enlargement: The Treaty of Accession[de

Published: Thursday 10 July 2003   

The Treaty of Accession is an international agreement concluded between current and new Member States of the European Union. In accordance with the provisions of the Treaty on the European Union, the Treaty of Accession defines the accession conditions of the new Member States and the consequent adaptations and adjustments of the Treaties on which the EU is founded.

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The European Economic Community - the forerunner of today's EU - was set up in the 1950s. Since then there have been four waves of enlargement, taking the original six members to 15. The current fifth wave will add 10 new states, marking the most ambitious leap forward in the EU's development.



The Treaty of Accession consists of two basic sections:

  • Treaty proper : Treaty on the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia to the EU
  • Act of Accession : Act defining the conditions of accession

The Treaty proper consists of a Preamble and three articles.

  • Article 1 consists of the basic provisions on t he basis of which the ten candidate countries shall become Members of the EU as well as contracting parties to the Treaties on which the EU is founded;
  • Article 2 stipulates that the Treaty will enter into force on 1 May 2004, provided that by 30 April 2004 all current Member States and at least one candidate country submit the ratification documents to the government of Italy, the then President of the EU. This Article also provides for a special procedure in the event that any candidate country fails to submit the required ratification documents on time.
  • Article 3 lists and confirms the signatories.

The basic subject matters of the Treaty of Accession are set out in the Act of Accession . By virtue of Article 1.2 of the Treaty, the Act constitutes an integral part of the Treaty.

There are 18 Annexes to the Act of Accession, which are concerned with specific adaptations to be made by each new Member State. There are also 9 Protocols, which deal with specific sectoral issues. Finally, the Act contains a number of declarations.

In principle, the text of the Treaty of Accession remains fixed and cannot be amended prior to its scheduled signature on 16 April 2003 in Athens. However, it is possible that new unilateral declarations will be added to the document before its signing.

 

Issues:



The leaders of 15 EU Member States and 10 future members signed a historic Accession Treaty at a ceremony in Athens on 16 April.



In the Athens Declaration , adopted at the informal European Council, the EU leaders declared: "This Union represents our common determination to put an end to centuries of conflict and to transcend former divisions on our continent. This Union represents our will to embark on a new future based on cooperation, respect for diversity and mutual understanding. Our Union represents a collective project: a project to share our future as a community of values."

The Athens Declaration states that the enlarged Union "should focus on those tasks that are crucial to the well-being, security and prosperity of its citizens." The Declaration underlines fundamental human rights, sustainable development, dynamic and knowledge-based European economy, social inclusion and economic cohesion.

"Accession is a new contract between our citizens and not merely a treaty between states. As citizens of this new enlarged Union we proclaim our commitment to the citizens of the candidate countries. We are also committed to developing ever deeper ties and bridges of cooperation with our neighbours and to share the future of this community of values with others beyond our shores," reads the Athens Declaration.

 

Positions:



On 19 February, the Commission formally delivered a favourable opinion on the accession of the ten new Member States. The Treaty "is based on the outcome of the negotiations. The results are good for the present Member States, for the future Member States and for EU as a whole", said Commissioner for Enlargement GýVerheugen.



The European Parliament endorsed the Union's enlargement to 10 new Member States with an overwhelming majority on 9 April 2003. The Parliament's assent was a prerequisite for the signature of the Accession Treaty. The resolution on the outcome of the enlargement negotiations with 10 accession countries was approved by 458 votes in favour, 68 against with 41 abstentions. The MEPs approved the accession of individual countries with the following votes:

Country In favour Against Abstained
Czech Republic 489 39 37
Estonia 520 22 24
Cyprus 507 29 26
Latvia 522 22 24
Lithuania 521 22 24
Hungary 522 23 23
Malta 521 23 23
Poland 509 25 31
Slovenia 522 22 22
Slovakia 521 21 25

The External Relations Council formally decided on the admission of the 10 future Member States on 14 April 2003. Its decision clears the way for the signature of the Accession Treaty. As of 17 April 2003, the EU will welcome the future members as active observers in the work of the Council and its preparatory bodies.

Key dates :

  • 9 April 2003: European Parliament gave its assent to the Accession Treaty by 458 votes in favour, 68 against with 41 abstentions;
  • 14 April 2003: the Council formally decided on the admission of the 10 future Member States;
  • 16 April 2003: the Treaty of Accession was signed by the leaders of the 15 current 15 and 10 future EU Member States;
  • 17 April 2003: the EU welcomed the future members as active observers in the work of the Council and its preparatory bodies;
  • 1 May 2003: the European Parliament welcomed parliamentary observers from the future Member States;
  • 1 May 2004: the 10 accession countries will become members of the EU.
 

Links Policy Summary

Letters To The Editor
Switzerland is a plus for Europe
Miguel Mesquita da Cunha
Reflecting on Cyprus
Michalis Firillas, Haaretz/International Herald Tribune
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