The default date for entry into force of the Treaty was 1 January, 2007.[60] Provisions were made for the postponement of the accession of one or both countries until 1 January, 2008. Such a decision should have been taken by the Council of the European Union acting upon recommendation of the European Commission. In its 16 May, 2006 monitoring report, the Commission delivered the final recommendation about the date of accession, but requested further progress from Bulgaria and Romania.[61]
The 26 September, 2006 monitoring report concluded that both countries are sufficiently prepared to meet the political, economic and acquis criteria. It recommended against postponement of accession.[62]
'The treaty entered into force on 1 January, 2007'.[63]
Contents of the Treaty
1. Introduction
2. Treaty
The Treaty itself consists of six articles.[64]
Article 1 arranges the accession of Republic of Bulgaria and Romania to the European Union.
Paragraph 1 makes 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 does not have to ratify the Treaty establishing a Constitution for Europe separately.
Paragraph 3 makes Protocol that sets the conditions and arrangements for admission and its annexes 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 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 Bulgaria and Romania from 1 January 2007 until the Constitution of Europe is finally implemented in its present form (if ever).
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 the 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 European union, including Bulagria 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 have ratified the Treaty, but have 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.
incl.Gibraltar is a British overseas territory. It is part of European Union, but is subject of certain exemptions. Gibraltar Parliament ratification is not necessary for the Treaty to enter into force, but changes in the legislation are needed for its provisions to apply on the territory of Gibraltar. 28.UK House of Commons results 29.UK House of Lords results 30.
ÅlandÅland is an autonomous province of Finland. It is part of European Union, but is subject of certain exemptions. Åland Parliament ratification is not necessary for the Treaty to enter into force, but is needed for its provisions to apply on the territory of Åland islands. 38.Finish Parliament results 39.Åland Parliament results 40.
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