Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union

=Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union=

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,

(Representatives)

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.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

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

(Signatories)

=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:

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.

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
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 (3):

(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.’

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.’

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.

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 necessary as a result of a modification of Union law. The Council shall act unanimously after consulting the European Parliament.

Article 20
The measures listed in Annexes VI and VII to this Protocol shall apply in respect of Bulgaria and Romania under the conditions laid down in those Annexes.

Article 21
1.  In Article 1(2) of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following subparagraph shall be added:

‘By way of derogation from the maximum number of Members of the European Parliament fixed in Article I-20(2) of the Constitution, the number of Members of the European Parliament shall be increased to take account of the accession of Bulgaria and Romania with the following number of Members from those countries for the period running from the date of accession until the beginning of the 2009‐2014 term of the European Parliament:

Bulgaria 18

Romania 35’.

2.  Before 31 December 2007, Bulgaria and Romania shall each hold elections to the European Parliament, by direct universal suffrage of their citizens, for the number of Members fixed in paragraph 1, in accordance with the provisions of the Act concerning the election of the Members of the European Parliament by direct universal suffrage (4).

3.  By way of derogation from Article I-20(3) of the Constitution, if elections are held after the date of accession, the Members of the European Parliament representing the citizens of Bulgaria and Romania for the period running from the date of accession until each of the elections referred to in paragraph 2, shall be appointed by the Parliaments of those States within themselves in accordance with the procedure laid down by each of those States.

Article 22
1.  In Article 2(2), second subparagraph, of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following shall be inserted between the entries for Belgium and the Czech Republic:

‘Bulgaria 10’

and, between the entries for Portugal and Slovenia:

‘Romania 14’.

2.  Article 2(2), third subparagraph, of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, shall be replaced by the following:

‘Acts shall be adopted if there are at least 255 votes in favour representing a majority of the members where, under the Constitution, they must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 255 votes in favour representing at least two thirds of the members.’.

Article 23
In Article 6 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following shall be inserted between the entries for Belgium and the Czech Republic:

‘Bulgaria 12’

and, between the entries for Portugal and Slovenia:

‘Romania 15’

Article 24
In Article 7 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following shall be inserted between the entries for Belgium and the Czech Republic:

‘Bulgaria 12’

and, between the entries for Portugal and Slovenia:

‘Romania 15’.

Article 25
Bulgaria EUR 14 800 000

Romania EUR 42 300 000.

These contributions shall be paid in eight equal instalments falling due on 31 May 2007, 31 May 2008, 31 May 2009, 30 November 2009, 31 May 2010, 30 November 2010, 31 May 2011 and 30 November 2011.

Bulgaria 0,181 %

Roumania 0,517 %.

3.  The capital and payments provided for in paragraphs 1 and 2 shall be paid in by Bulgaria and Romania in cash in euro, save by way of derogation decided unanimously by the Board of Governors.

Article 26
1.  Bulgaria and Romania shall pay the following amounts to the Research Fund for Coal and Steel referred to in Decision 2002/234/ECSC of the Representatives of the Governments of the Member States, meeting within the Council, of 27 February 2002 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (6): 2009: 15 %

2010: 20 %

2011: 30 %

2012: 35 %.

Article 27
1.  Tendering, contracting, implementation and payments for pre‐accession assistance under the Phare programme (7), the Phare CBC programme (8) and for assistance under the Transition Facility referred to in Article 31 shall be managed by implementing agencies in Bulgaria and Romania as of the date of accession.

The ex‐ante control by the Commission over tendering and contracting shall be waived by a Commission decision to that effect, following an accreditation procedure conducted by the Commission and a positively assessed Extended Decentralised Implementation System (EDIS) in accordance with the criteria and conditions laid down in the Annex to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre‐accession strategy and amending Regulation (EEC) No 3906/89 (9) and in Article 164 of the Financial Regulation applicable to the general budget of the European Communities (10).

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 Bulgaria or Romania, the Commission may accept, in duly justified cases, eligibility for pre‐accession assistance of contracts signed between the date of 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.

2.  Financial commitments made before accession under the pre‐accession financial instruments referred to in paragraph 1 as well as those made under the Transition Facility referred to in Article 31 after accession, 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. Notwithstanding this, public procurement procedures initiated after accession shall be carried out in accordance with the relevant Union provisions.

3.  The last programming exercise for the pre‐accession assistance referred to in paragraph 1 shall take place in the last year preceding accession. Actions under these programmes will have to be contracted within the following two years. No extensions shall be granted for the contracting period. Exceptionally and in duly justified cases, limited extensions in terms of duration may be granted for execution of contracts.

Notwithstanding this, pre-accession funds to cover administrative costs, as defined in paragraph 4, may be committed in the first two years after accession. For audit and evaluation costs, pre‐accession funds may be committed up to five years after accession.

4.  In order to ensure the necessary phasing out of the pre-accession financial instruments referred to in paragraph 1 and of the ISPA programme (11), the Commission may take all appropriate measures to ensure that the necessary statutory staff is maintained in Bulgaria and Romania for a maximum of nineteen months following accession. During this period, officials, temporary staff and contract staff assigned to posts in Bulgaria and Romania before accession and who are required to remain in service in those States after the date of accession shall benefit, as an exception, from the same financial and material conditions as were applied by the Commission before accession in accordance with the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (12). The administrative expenditure, including salaries for other staff necessary shall be covered by the heading ‘Phasing-out of pre-accession assistance for new Member States’ or equivalent under the appropriate policy area of the general budget of the European Union dealing with enlargement.

Article 28
1.  Measures which on the date of accession have been the subject of decisions on assistance under Regulation (EC) No 1267/1999 establishing an Instrument for Structural Policies for Pre‐accession and the implementation of which has not been completed by that date shall be considered to have been approved by the Commission under Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (13). Amounts which still have to be committed for the purpose of implementing such measures shall be committed under the Regulation relating to the Cohesion Fund in force at the date of accession and allocated to the chapter corresponding to that Regulation under the general budget of the European Union. Unless stated otherwise in paragraphs 2 to 5, the provisions governing the implementation of measures approved pursuant to the latter Regulation shall apply to those measures.

2.  Any procurement procedure relating to a measure referred to in paragraph 1 which on the date of accession has already been the subject of an invitation to tender published in the Official Journal of the European Union shall be implemented in accordance with the rules laid down in that invitation to tender. However, the provisions contained in Article 165 of the Financial Regulation applicable to the general budget of the European Communities shall not apply. Any procurement procedure relating to a measure referred to in paragraph 1 which has not yet been the subject of an invitation to tender published in the Official Journal of the European Union shall be in keeping with the provisions of the Constitution, with the acts adopted pursuant thereto and with Union policies, including those concerning environmental protection, transport, trans-European networks, competition and the award of public contracts.

3.  Payments made by the Commission under a measure referred to in paragraph 1 shall be posted to the earliest open commitment made in the first instance pursuant to Regulation (EC) No 1267/1999, and then pursuant to the Regulation relating to the Cohesion Fund then in force.

4.  For the measures referred to in paragraph 1, the rules governing the eligibility of expenditure pursuant to Regulation (EC) No 1267/1999 shall remain applicable, except in duly justified cases to be decided on by the Commission at the request of the Member State concerned.

5.  The Commission may decide, in exceptional and duly justified cases, to authorise specific exemptions from the rules applicable pursuant to the Regulation relating to the Cohesion Fund in force at the date of accession for the measures referred to in paragraph 1.

Article 29
Where the period for multiannual commitments made under the SAPARD programme (14) in relation to afforestation of agricultural land, support for the establishment of producer groups or agri‐environment schemes extends beyond the final permissible date for payments under SAPARD, the outstanding commitments will be covered within the 2007-2013 rural development programme. Should specific transitional measures be necessary in this regard, these shall be adopted in accordance with the procedure laid down in Article 50(2) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (15).

Article 30
1.  Bulgaria, having closed — in line with its commitments — definitively for subsequent decommissioning Unit 1 and Unit 2 of the Kozloduy Nuclear Power Plant before the year 2003, commits to the definitive closure of Unit 3 and Unit 4 of this plant in 2006 and to subsequent decommissioning of these units.

2.  During the period 2007-2009, the Community shall provide Bulgaria with financial assistance in support of its efforts to decommission and to address the consequences of the closure and decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant.

The assistance shall, inter alia, cover: measures in support of the decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant; measures for environmental upgrading in line with the acquis; measures for the modernisation of the conventional energy production, transmission and distribution sectors in Bulgaria; measures to improve energy efficiency, to enhance the use of renewable energy sources and to improve security of energy supply.

For the period 2007-2009, the assistance shall amount to EUR 210 million (2004 prices) in commitment appropriations, to be committed in equal annual tranches of EUR 70 million (2004 prices).

The assistance, or parts thereof, may be made available as a Community contribution to the Kozloduy International Decommissioning Support Fund, managed by the European Bank for Reconstruction and Development.

3.  The Commission may adopt rules for implementation of the assistance referred to in paragraph 2. The rules shall be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16). To this end, the Commission shall be assisted by a committee. Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be six weeks. The committee shall adopt its rules of procedure.

Article 31
1.  For the first year of accession, the Union shall provide temporary financial assistance, hereinafter referred to as the ‘Transition Facility’, to Bulgaria and Romania to develop and strengthen their administrative and judicial capacity to implement and enforce Union law and to foster exchange of best practice among peers. This assistance shall fund institution‐building projects and limited small-scale investments ancillary thereto.

2.  Assistance shall address the continued need for strengthening institutional capacity in certain areas through action which cannot be financed by the Structural Funds or by the Rural Development Funds.

3.  For twinning projects between public administrations for the purpose of institution building, the procedure for call for proposals through the network of contact points in the Member States shall continue to apply, as established in the Framework Agreements with the Member States for the purpose of pre‐accession assistance.

The commitment appropriations for the Transition Facility, at 2004 prices, for Bulgaria and Romania, shall be EUR 82 million in the first year after accession to address national and horizontal priorities. The appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

4.  Assistance under the Transition Facility shall be decided and implemented in accordance with Council Regulation (EEC) No 3906/89 on economic aid to certain countries of Central and Eastern Europe.

Article 32
1.  A Cash-flow and Schengen Facility is hereby created as a temporary instrument to help Bulgaria and Romania between the date of accession and the end of 2009 to finance actions at the new external borders of the Union for the implementation of the Schengen acquis and external border control and to help improve cash-flow in national budgets.

2.  For the period 2007-2009, the following amounts (2004 prices) shall be made available to Bulgaria and Romania in the form of lump-sum payments under the temporary Cash-flow and Schengen Facility:

3.  At least 50 % of each country allocation under the temporary Cash-flow and Schengen Facility shall be used to support Bulgaria and Romania in their obligation to finance actions at the new external borders of the Union for the implementation of the Schengen acquis and external border control.

4.  One twelfth of each annual amount shall be payable to Bulgaria and Romania on the first working day of each month in the corresponding year. The lump-sum payments shall be used within three years from the first payment. Bulgaria and Romania shall submit, no later than six months after expiry of this three-year period, a comprehensive report on the final execution of the lump‐sum payments under the Schengen part of the temporary Cash-flow and Schengen Facility with a statement justifying the expenditure. Any unused or unjustifiably spent funds shall be recovered by the Commission.

5.  The Commission may adopt any technical provisions necessary for the operation of the temporary Cash-flow and Schengen Facility.

Article 33
1.  Without prejudice to future policy decisions, the overall commitment appropriations for structural actions to be made available for Bulgaria and Romania over the three-year period 2007‐2009 shall be as follows: 2.  During the three years 2007-2009, the scope and nature of the interventions within these fixed country envelopes shall be determined on the basis of the provisions then applicable to structural actions expenditure.

Article 34
1.  In addition to the regulations concerning rural development in force on the date of accession, the provisions laid down in Sections I to III of Annex VIII shall apply to Bulgaria and Romania for the period 2007-2009 and the specific financial provisions laid down in Section IV of Annex VIII shall apply to Bulgaria and Romania throughout the programming period 2007-2013.

2.  Without prejudice to future policy decisions, commitment appropriations from the EAGGF Guarantee Section for rural development for Bulgaria and Romania over the three-year period 2007-2009 shall amount to EUR 3 041 million (2004 prices).

3.  Implementing rules, where necessary, for the application of the provisions of Annex VIII shall be adopted in accordance with the procedure laid down in Article 50(2) of Regulation (EC) No 1260/1999.

4.  The Council, acting on a proposal from the Commission, and after consulting the European Parliament, shall make any adaptations to the provisions of Annex VIII where necessary to ensure coherence with the regulations concerning rural development.

Article 35
The amounts referred to in Articles 30, 31, 32, 33 and 34 shall be adjusted by the Commission each year in line with movements in prices as part of the annual technical adjustments to the financial perspective.

Article 36
1.  If, until the end of a period of up to three years after accession, difficulties arise which are serious and liable to persist in any sector of the economy or which could bring about serious deterioration in the economic situation of a given area, Bulgaria or Romania may apply for authorisation to take protective measures in order to rectify the situation and adjust the sector concerned to the economy of the internal market.

In the same circumstances, any present Member State may apply for authorisation to take protective measures with regard to Bulgaria, Romania, or both those States.

2.  Upon request by the State concerned, the Commission shall, by emergency procedure, adopt the European regulations or decisions establishing the protective measures which it considers necessary, specifying the conditions and modalities under which they are to be put into effect.

In the event of serious economic difficulties and at the express request of the Member State concerned, the Commission shall act within five working days of the receipt of the request accompanied by the relevant background information. The measures thus decided on shall be applicable forthwith, shall take account of the interest of all parties concerned and shall not entail frontier controls.

3.  The measures authorised under paragraph 2 may involve derogations from the rules of the Constitution and in particular from this Protocol to such an extent and for such periods as are strictly necessary in order to attain the objectives referred to in paragraph 1. Priority shall be given to such measures as will least disturb the functioning of the internal market.

Article 37
If Bulgaria or Romania has failed to implement commitments undertaken in the context of the accession negotiations, causing a serious breach of the functioning of the internal market, including any commitments in all sectoral policies which concern economic activities with cross-border effect, or an imminent risk of such breach the Commission may, until the end of a period of up to three years after accession, upon the motivated request of a Member State or on its own initiative, adopt European regulations or decisions establishing appropriate measures.

Measures shall be proportional and priority shall be given to measures which least disturb the functioning of the internal market and, where appropriate, to the application of the existing sectoral safeguard mechanisms. Such safeguard measures shall not be invoked as a means of arbitrary discrimination or a disguised restriction on trade between Member States. The safeguard clause may be invoked even before accession on the basis of the monitoring findings and the measures adopted shall enter into force as of the first day of accession unless they provide for a later date. The measures shall be maintained no longer than strictly necessary and, in any case, shall be lifted when the relevant commitment is implemented. They may however be applied beyond the period specified in the first paragraph as long as the relevant commitments have not been fulfilled. In response to progress made by the new Member State concerned in fulfilling its commitments, the Commission may adapt the measures as appropriate. The Commission shall inform the Council in good time before revoking the European regulations and decisions establishing the safeguard measures, and it shall take duly into account any observations of the Council in this respect.

Article 38
If there are serious shortcomings or any imminent risks of such shortcomings in Bulgaria or Romania in the transposition, state of implementation, or the application of the framework decisions or any other relevant commitments, instruments of cooperation and decisions relating to mutual recognition in the area of criminal law under Title VI of the Treaty on European Union and Directives and Regulations relating to mutual recognition in civil matters under Title IV of the Treaty establishing the European Community, and European laws and framework laws adopted on the basis of Sections 3 and 4 of Chapter IV of Title III of Part III of the Constitution, the Commission may, until the end of a period of up to three years after accession, upon the motivated request of a Member State or on its own initiative and after consulting the Member States, adopt European regulations or decisions establishing appropriate measures and specify the conditions and modalities under which these measures are put into effect.

These measures may take the form of temporary suspension of the application of relevant provisions and decisions in the relations between Bulgaria or Romania and any other Member State or Member States, without prejudice to the continuation of close judicial cooperation. The safeguard clause may be invoked even before accession on the basis of the monitoring findings and the measures adopted shall enter into force as of the first day of accession unless they provide for a later date. The measures shall be maintained no longer than strictly necessary and, in any case, shall be lifted when the shortcomings are remedied. They may however be applied beyond the period specified in the first paragraph as long as these shortcomings persist. In response to progress made by the new Member State concerned in rectifying the identified shortcomings, the Commission may adapt the measures as appropriate after consulting the Member States. The Commission shall inform the Council in good time before revoking the European regulations and decisions establishing the safeguard measures, and it shall take duly into account any observations of the Council in this respect.

Article 39
1.  If, on the basis of the Commission's continuous monitoring of commitments undertaken by Bulgaria and Romania in the context of the accession negotiations and in particular the Commission's monitoring reports, there is clear evidence that the state of preparations for adoption and implementation of the acquis in Bulgaria or Romania is such that there is a serious risk of either of those States being manifestly unprepared to meet the requirements of membership by the date of accession of 1 January 2007 in a number of important areas, the Council may, acting unanimously on the basis of a Commission recommendation, decide that the date of accession of that State is postponed by one year to 1 January 2008.

2.  Notwithstanding paragraph 1, the Council may, acting by qualified majority on the basis of a Commission recommendation, take the decision mentioned in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment by Romania of one or more of the commitments and requirements listed in Annex IX, point I.

3.  Notwithstanding paragraph 1, and without prejudice to Article 37, the Council may, acting by qualified majority on the basis of a Commission recommendation and after a detailed assessment to be made in the autumn of 2005 of the progress made by Romania in the area of competition policy, take the decision mentioned in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment by Romania of the obligations undertaken under the Europe Agreement (17) or of one or more of the commitments and requirements listed in Annex IX, point II.

4.  In the event of a decision taken under paragraph 1, 2 or 3, the Council shall, acting by qualified majority decide immediately upon such adjustments to this Protocol, including its Annexes and Appendices, as have become indispensable by reason of the postponement decision.

Article 40
In order not to hamper the proper functioning of the internal market, the enforcement of Bulgaria's and Romania's national rules during the transitional periods referred to in Annexes VI and VII shall not lead to border controls between Member States.

Article 41
If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to that resulting from the application of the common agricultural policy under the conditions set out in this Protocol, such measures shall be adopted by the Commission in accordance with the procedure referred to in Article 25(2) of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (18) or, as appropriate, in the corresponding Articles of the other Regulations on the common organisation of agricultural markets or of the European laws replacing them or the relevant procedure as determined in the applicable legislation. The transitional measures referred to in this Article may be adopted during a period of three years following the date of accession and their application shall be limited to that period. A European law of the Council may extend this period. The Council shall act unanimously after consulting the European Parliament.

The transitional measures relating to implementation of the instruments concerning the common agricultural policy not specified in this Protocol which are required as a result of accession shall be established prior to the date of accession by European regulations or decisions adopted by the Council on a proposal from the Commission or, where they affect instruments initially adopted by the Commission, by European regulations or decisions adopted by the Commission in accordance with the procedure required for adopting the instruments in question.

Article 42
If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to that resulting from the application of the Union veterinary, phytosanitary and food safety rules, such measures shall be adopted by the Commission in accordance with the relevant procedure as determined in the applicable legislation. These measures shall be taken during a period of three years following the date of accession and their application shall be limited to that period.

Article 43
The European Parliament shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

Article 44
The Council shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

Article 45
A national of each new Member State shall be appointed to the Commission as from the date of accession. The new Members of the Commission shall be appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in Article I-26(4) of the Constitution.

The terms of office of the Members thus appointed shall expire at the same time as those of the Members in office at the time of accession.

Article 46
1.  Two Judges shall be appointed to the Court of Justice and two Judges shall be appointed to the General Court.

2.  The term of office of one of the Judges of the Court of Justice appointed in accordance with paragraph 1 shall expire on 6 October 2009. This Judge shall be chosen by lot. The term of office of the other Judge shall expire on 6 October 2012.

The term of office of one of the Judges of the General Court appointed in accordance with paragraph 1 shall expire on 31 August 2007. This Judge shall be chosen by lot. The term of office of the other Judge shall expire on 31 August 2010.

3.  The Court of Justice shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

The General Court, in agreement with the Court of Justice, shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.

The Rules of Procedure as adapted shall require the consent of the Council.

4.  For the purpose of judging cases pending before the Courts on the date of accession in respect of which oral proceedings have started before that date, the full Courts or the Chambers shall be composed as before accession and shall apply the Rules of Procedure in force on the day preceding the date of accession.

Article 47
A national of each new Member State shall be appointed to the Court of Auditors as from the date of accession for a term of office of six years.

Article 48
The Committee of the Regions shall be enlarged by the appointment of 27 members representing regional and local bodies in Bulgaria and Romania, who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.

Article 49
The Economic and Social Committee shall be enlarged by the appointment of 27 members representing the various economic and social components of organised civil society in Bulgaria and Romania. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.

Article 50
Adaptations to the rules of the Committees established by the Constitution and to their rules of procedure, necessitated by the accession, shall be made as soon as possible after accession.

Article 51
1.  New members of the committees, groups or other bodies created by the Constitution or by an act of the institutions shall be appointed under the conditions and according to the procedures laid down for the appointment of members of these committees, groups or other bodies. The terms of office of the newly appointed members shall expire at the same time as those of the members in office at the time of accession.

2.  The membership of committees or groups created by the Constitution or by an act of the institutions with a number of members fixed irrespective of the number of Member States shall be completely renewed upon accession, unless the terms of office of the present members expire within the year following accession.

Article 52
Upon accession, Bulgaria and Romania shall be considered as being addressees of European framework laws, regulations and decisions within the meaning of Article I-33 of the Constitution, and of directives and decisions within the meaning of Article 249 of the Treaty establishing the European Community and of Article 161 of the EAEC Treaty, provided that those European framework laws, regulations and decisions, and those directives and decisions have been addressed to all the present Member States. Except with regard to European decisions which enter into force pursuant to Article I-39(2) of the Constitution, and to directives and decisions which have entered into force pursuant to Article 254(1) and (2) of the Treaty establishing the European Community, Bulgaria and Romania shall be considered as having received notification of such European decisions and such directives and decisions upon accession.

Article 53
1.  Bulgaria and Romania shall put into effect the measures necessary for them to comply, from the date of accession, with the provisions of European framework laws and those European regulations which are binding as to the result to be achieved but leave the national authorities the choice of form and methods within the meaning of Article I-33 of the Constitution, and of directives and decisions within the meaning of Article 249 of the Treaty establishing the European Community and of Article 161 of the EAEC Treaty, unless another time limit is provided for in this Protocol. They shall communicate those measures to the Commission at the latest by the date of accession or, where appropriate, by the time limit provided for in this Protocol.

2.  To the extent that amendments to directives within the meaning of Article 249 of the Treaty establishing the European Community and of Article 161 of the EAEC Treaty introduced by this Protocol require a modification of the laws, regulations or administrative provisions of the present Member States, the present Member States shall put into effect the measures necessary to comply, from the date of accession, with the amended directives, unless another time limit is provided for in this Protocol. They shall communicate those measures to the Commission by the date of accession or, where later, by the time limit provided for in this Protocol.

Article 54
Provisions laid down by law, regulation or administrative action designed to ensure the protection of the health of workers and the general public in the territory of Bulgaria and Romania against the dangers arising from ionising radiations shall, in accordance with Article 33 of the EAEC Treaty, be communicated by those States to the Commission within three months of accession.

Article 55
At the duly substantiated request of Bulgaria or Romania submitted to the Commission no later than the date of accession, the Council acting on a proposal from the Commission, or the Commission, if the original act was adopted by the Commission, may adopt European regulations or decisions establishing temporary derogations from acts of the institutions adopted between 1 October 2004 and the date of accession. The measures shall be adopted according to the voting rules governing the adoption of the act from which a temporary derogation is sought. Where these derogations are adopted after accession they may be applied as from the date of accession.

Article 56
Where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in this Protocol or its Annexes, the Council, acting on a proposal from the Commission, or the Commission, if the original act was adopted by the Commission, shall to this end adopt the necessary acts. Where these adaptations are adopted after accession they may be applied as from the date of accession.

Article 57
Unless otherwise stipulated, the Council, on a proposal from the Commission, shall adopt the European regulations or decisions establishing the necessary measures to implement the provisions of this Protocol.

Article 58
The texts of the acts of the institutions adopted before accession and drawn up by the Council, the Commission or the European Central Bank in the Bulgarian and Romanian languages shall, from the date of accession, be authentic under the same conditions as the texts drawn up in the present official languages. They shall be published in the Official Journal of the European Union if the texts in the present languages were so published.

Article 59
Annexes I to IX and the Appendices thereto shall form an integral part of this Protocol.

Article 60
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 the European Atomic Energy Community, and the Treaties amending or supplementing it, 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 text of that Treaty, drawn up in the Bulgarian and Romanian languages, shall be annexed to this Protocol. Those texts shall be authentic under the same conditions as the texts of the Treaty referred to in the first paragraph, drawn up in the present languages.

Article 61
A certified copy of the international agreements deposited in the archives of the General Secretariat of the Council of the European Union shall be remitted to the Governments of the Republic of Bulgaria and Romania by the Secretary General.

(1) OJ L 317, 15.12.2000, p. 3.

(2) OJ L 1, 3.1.1994, p. 3.

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

(4) OJ L 278, 8.10.1976, p. 5. Act as last amended by Council Decision 2002/772/EC, Euratom (OJ L 283, 21.10.2002, p. 1).

(5) The figures quoted are indicative and based on the 2003 data published by Eurostat.

(6) OJ L 79, 22.3.2002, p. 42.

(7) Council Regulation (EEC) No 3906/89 of 18.12.1989 on economic aid to certain countries of Central and Eastern Europe (OJ L 375, 23.12.1989, p. 11). Regulation as last amended by Regulation (EC) No 769/2004 (OJ L 123, 27.4.2004, p. 1).

(8) Commission Regulation (EC) No 2760/98 of 18.12.1998 concerning the implementation of a programme for cross-border cooperation in the framework of the PHARE programme (OJ L 345, 19.12.1998, p. 49). Regulation as last amended by Regulation (EC) No 1822/2003 (OJ L 267, 17.10.2003, p. 9).

(9) OJ L 161, 26.6.1999, p. 68.

(10) Council Regulation (EC, Euratom) No 1605/2002 of 25.6.2002 (OJ L 248, 16.9.2002, p. 1).

(11) Council Regulation (EC) No 1267/1999 of 21.6.1999 establishing an Instrument for Structural Policies for Pre-Accession (OJ L 161, 26.6.1999, p. 73). Regulation as last amended by Regulation (EC) No 769/2004 (OJ L 123, 27.4.2004, p. 1).

(12) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

(13) OJ L 130, 25.5.1994, p. 1. Regulation as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).

(14) Council Regulation (EC) No 1268/1999 of 21.6.1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of Central and Eastern Europe in the pre-accession period (OJ L 161, 26.6.1999, p. 87). Regulation as last amended by Regulation (EC) No 2008/2004 (OJ L 349, 25.11.2004, p. 12).

(15) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).

(16) OJ L 184, 17.7.1999, p. 23.

(17) Europe Agreement establishing an association between the European Economic Communities and their Member States, of the one part, and Romania, of the other part (OJ L 357, 31.12.1994, p. 2)

(18) OJ L 270, 21.10.2003, p. 78.

Annex I
List of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in Article 3(3) of the Protocol)

1. Convention of 19 June 1980 on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ L 266, 9.10.1980, p. 1)

— Convention of 10 April 1984 on the accession of the Hellenic Republic to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ L 146, 31.5.1984, p. 1)

— First Protocol of 19 December 1988 on the interpretation by the Court of Justice of the European Communities of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ L 48, 20.2.1989, p. 1)

— Second Protocol of 19 December 1988 conferring on the Court of Justice of the European Communities certain powers to interpret the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ L 48, 20.2.1989, p. 17)

— Convention of 18 May 1992 on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980 (OJ L 333, 18.11.1992, p. 1)

— Convention of 29 November 1996 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice (OJ C 15, 15.1.1997, p. 10)

2. Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ L 225, 20.8.1990, p. 10)

— Convention of 21 December 1995 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ C 26, 31.1.1996, p. 1)

— Protocol of 25 May 1999 amending the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ C 202, 16.7.1999, p. 1)

3. Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 49)

— Protocol of 27 September 1996, drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention, on the protection of the European Communities' financial interests (OJ C 313, 23.10.1996, p. 2)

— Protocol of 29 November 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests (OJ C 151, 20.5.1997, p. 2)

— Second Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests (OJ C 221, 19.7.1997, p. 12)

4. Convention of 26 July 1995, based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (OJ C 316, 27.11.1995, p. 2)

— Protocol of 24 July 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office (OJ C 299, 9.10.1996, p. 2)

— Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol (OJ C 221, 19.7.1997, p. 2)

— Protocol of 30 November 2000, drawn up on the basis of Article 43(1) of the Convention, on the establishment of a European Police Office (Europol Convention) amending Article 2 and the Annex to that Convention (OJ C 358, 13.12.2000, p. 2)

— Protocol of 28 November 2002 amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol (OJ C 312, 16.12.2002, p. 2)

— Protocol of 27 November 2003, drawn up on the basis of Article 43(1) of the Convention, on the Establishment of a European Police Office (Europol Convention), amending that Convention (OJ C 2, 6.1.2004, p. 3)

5. Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the use of information technology for customs purposes (OJ C 316, 27.11.1995, p. 34)

— Protocol of 29 November 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the use of information technology for customs purposes (OJ C 151, 20.5.1997, p. 16)

— Protocol of 12 March 1999, drawn up on the basis of Article K.3 of the Treaty on European Union, on the scope of the laundering of proceeds in the Convention on the use of information technology for customs purposes and the inclusion of the registration number of the means of transport in the Convention (OJ C 91, 31.3.1999, p. 2)

— Protocol of 8 May 2003, established in accordance with Article 34 of the Treaty on European Union, amending, as regards the creation of a customs files identification database, the Convention on the use of information technology for customs purposes (OJ C 139, 13.6.2003, p. 2)

6. Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ C 195, 25.6.1997, p. 2)

7. Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (OJ C 24, 23.1.1998, p. 2)

8. Convention of 17 June 1998, drawn up on the basis of Article K.3 of the Treaty on European Union, on driving disqualifications (OJ C 216, 10.7.1998, p. 2)

9. Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 3)

— Protocol of 16 October 2001, established by the Council in accordance with Article 34 of the Treaty on European Union, to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, p. 2)

Annex II
List of 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, to be binding on and applicable in the new Member States as from accession (referred to in Article 4(1) of the Protocol)

1. The Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders dated 14 June 1985 (1).

2. The following provisions of the Convention signed in Schengen on 19 June 1990 (1) implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, its related Final Act and Joint Declarations (2), as amended by certain of the acts listed in paragraph 8 below:

Article 1 to the extent that it relates to the provisions of this paragraph; Articles 3 to 7, excluding Article 5(1)(d); Article 13; Articles 26 and 27; Article 39; Articles 44 to 59; Articles 61 to 63; Articles 65 to 69; Articles 71 to 73; Articles 75 and 76; Article 82; Article 91; Articles 126 to 130 to the extent that they relate to the provisions of this paragraph; and Article 136; Joint Declarations 1 and 3 of the Final Act.

3. The following provisions of the Agreements on Accession to the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, their Final Acts and the related Declarations, as amended by certain of the acts listed in paragraph 8 below:

(a) the Agreement signed on 27 November 1990 on the Accession of the Italian Republic:

— Article 4,

— Joint Declaration 1 in Part II of the Final Act;

(b) the Agreement signed on 25 June 1991 on the Accession of the Kingdom of Spain:

— Article 4,

— Joint Declaration 1 in Part II of the Final Act,

— Declaration 2 in Part III of the Final Act;

(c) the Agreement signed on 25 June 1991 on the Accession of the Portuguese Republic:

— Articles 4, 5 and 6,

— Joint Declaration 1 in Part II of the Final Act;

(d) the Agreement signed on 6 November 1992 on the Accession of the Hellenic Republic:

— Articles 3, 4 and 5,

— Joint Declaration 1 in Part II of the Final Act,

— Declaration 2 in Part III of the Final Act;

(e) the Agreement signed on 28 April 1995 on the Accession of the Republic of Austria:

— Article 4,

— Joint Declaration 1 in Part II of the Final Act;

(f) the Agreement signed on 19 December 1996 on the Accession of the Kingdom of Denmark:

— Articles 4, 5(2) and 6,

— Joint Declarations 1 and 3 in Part II of the Final Act;

(g) the Agreement signed on 19 December 1996 on the Accession of the Republic of Finland:

— Articles 4 and 5,

— Joint Declarations 1 and 3 in Part II of the Final Act,

— Declaration by the Government of the Republic of Finland on the Åland islands in Part III of the Final Act;

(h) the Agreement signed on 19 December 1996 on the Accession of the Kingdom of Sweden:

— Articles 4 and 5,

— Joint Declarations 1 and 3 in Part II of the Final Act.

4. The following agreements concluded by the Council pursuant to Article 6 of the Schengen Protocol:

— the Agreement of 18 May 1999 concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter's association with the implementation, application and development of the Schengen acquis, including the Annexes, its Final Act, Declarations and the Exchanges of Letters annexed thereto (3), approved by Council Decision 1999/439/EC (4)

— the Agreement of 30 June 1999 concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States (5), approved by Council Decision 2000/29/EC (6)

— the Agreement signed on 25 October 2004 by the Council of the European Union and the Swiss Confederation on the Swiss Confederation's association with implementation, application and development of the Schengen Acquis (7).

5. The provisions of the following Decisions of the Executive Committee established by the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, as amended by certain of the acts listed in paragraph 8 below:

SCH/Com-ex (93) 10 Decision of the Executive Committee of 14 December 1993 concerning the declarations by the Ministers and State Secretaries

SCH/Com-ex (93) 14 Decision of the Executive Committee of 14 December 1993 on improving practical judicial cooperation for combating drug trafficking

SCH/Com-ex (94) 16 rev Decision of the Executive Committee of 21 November 1994 on the acquisition of common entry and exit stamps

SCH/Com-ex (94) 28 rev Decision of the Executive Committee of 22 December 1994 on the certificate provided for in Article 75 to carry narcotic drugs and psychotropic substances

SCH/Com-ex (94) 29 rev 2 Decision of the Executive Committee of 22 December 1994 on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990

SCH/Com-ex (95) 21 Decision of the Executive Committee of 20 December 1995 on the swift exchange between the Schengen States of statistical and specific data on possible malfunctions at the external borders

SCH/Com-ex (98) 1 rev 2 Decision of the Executive Committee of 21 April 1998 on the activities of the Task Force, insofar as it relates to the provisions in paragraph 2 above

SCH/Com-ex (98) 26 def Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen

SCH/Com-ex (98) 35 rev 2 Decision of the Executive Committee of 16 September 1998 on forwarding the Common Manual to EU applicant States

SCH/Com-ex (98) 37 def 2 Decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration, insofar as it relates to the provisions in paragraph 2 above

SCH/Com-ex (98) 51 rev 3 Decision of the Executive Committee of 16 December 1998 on cross border police cooperation in the area of crime prevention and detection

SCH/Com-ex (98) 52 Decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police-cooperation, insofar as it relates to the provisions in paragraph 2 above

SCH/Com-ex (98) 57 Decision of the Executive Committee of 16 December 1998 on the introduction of a harmonised form providing proof of invitation, sponsorship and accommodation

SCH/Com-ex (98) 59 rev Decision of the Executive Committee of 16 December 1998 on coordinated deployment of document advisers

SCH/Com-ex (99) 1 rev 2 Decision of the Executive Committee of 28 April 1999 on the drugs situation

SCH/Com-ex (99) 6 Decision of the Executive Committee of 28 April 1999 on the Schengen acquis relating to telecommunications

SCH/Com-ex (99) 7 rev 2 Decision of the Executive Committee of 28 April 1999 on liaison officers

SCH/Com-ex (99) 8 rev 2 Decision of the Executive Committee of 28 April 1999 on general principles governing the payment of informers

SCH/Com-ex (99) 10 Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms

SCH/Com-ex (99) 13 Decision of the Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and the Common Consular Instructions:

— Annexes 1-3, 7, 8 and 15 of the Common Consular Instructions

— The Common Manual, insofar as it relates to the provisions in paragraph 2 above, including Annexes 1, 5, 5A, 6, 10, 13

SCH/Com-ex (99) 18 Decision of the Executive Committee of 28 April 1999 on the improvement of police cooperation in preventing and detecting criminal offences.

6. The following Declarations of the Executive Committee established by the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, to the extent that they relate to the provisions in paragraph 2 above:

SCH/Com-ex (96) decl 6 rev 2 Declaration of the Executive Committee of 26 June 1996 on extradition

SCH/Com-ex (97) decl 13 rev 2 Declaration of the Executive Committee of 9 February 1998 on the abduction of minors.

7. The following Decisions of the Central Group established by the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, to the extent that they relate to the provisions in paragraph 2 above:

SCH/C (98) 117 Decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration

SCH/C (99) 25 Decision of the Central Group of 22 March 1999 on general principles governing the payment of informers.

8. The following acts which build upon the Schengen acquis or otherwise relate to it:

Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1)

Council Decision 1999/307/EC of 1 May 1999 laying down the detailed arrangements for the integration of the Schengen Secretariat into the General Secretariat of the Council (OJ L 119, 7.5.1999, p. 49)

Council Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis (OJ L 176, 10.7.1999, p. 1)

Council Decision 1999/436/EC of 20 May 1999 determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis (OJ L 176, 10.7.1999, p. 17)

Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two states with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31)

Council Decision 1999/848/EC of 13 December 1999 on the full application of the Schengen acquis in Greece (OJ L 327, 21.12.1999, p. 58)

Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43)

Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (OJ L 248, 3.10.2000, p. 1)

Council Decision 2000/751/EC of 30 November 2000 on declassifying certain parts of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 303, 2.12.2000, p. 29)

Council Decision 2000/777/EC of 1 December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden, and in Iceland and Norway (OJ L 309, 9.10.2000, p. 24)

Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1)

Council Regulation No 789/2001/EC of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications (OJ L 116, 26.4.2001, p. 2)

Council Regulation No 790/2001/EC of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance (OJ L 116, 26.4.2001, p. 5)

Council Decision 2001/329/EC of 24 April 2001 updating part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p. 32), insofar as it relates to Annex 3 to the Common Consular Instructions and Annex 5(a) to the Common Manual

Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, p. 45)

Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 1)

Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (OJ L 327, 12.12.2001, p. 1)

Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 4)

Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (OJ L 53, 23.2.2002, p. 4)

Council Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 laying down a uniform format for visas (OJ L 53, 23.2.2002, p. 7)

Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20)

Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual (OJ L 123, 9.5.2002, p. 47)

Council Decision 2002/353/EC of 25 April 2002 on declassifying Part II of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 123, 9.5.2002, p. 49)

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1)

Council Decision 2002/587/EC of 12 July 2002 on the revision of the Common Manual (OJ L 187, 16.7.2002, p. 50)

Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1)

Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17)

Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (OJ L 67, 12.3.2003, p. 27)

Council Regulation (EC) No 453/2003 of 6 March 2003 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 69, 13.3.2003, p. 10)

Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (OJ L 260, 11.10.2003, p. 37)

Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321, 6.12.2003, p. 26)

Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1)

Council Decision 2004/466/EC of 29 April 2004 amending the Common Manual in order to include provision for targeted border controls on accompanied minors (OJ L 157, 30.4.2004, p. 136)

Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24)

Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (OJ L 261, 6.8.2004, p. 28)

Council Decision 2004/574/EC of 29 April 2004 amending the Common Manual (OJ L 261, 6.8.2004, p. 36)

Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5)

Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1)

Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end (OJ L 369, 16.12.2004, p. 5)

Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1).

(1) OJ L 239, 22.9.2000, p. 13.

(2) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Regulation (EC) No 871/2004 (OJ L 162, 30.4.2004, p. 29).

(3) OJ L 176, 10.7.1999, p. 36.

(4) OJ L 176, 10.7.1999, p. 35.

(5) OJ L 15, 20.1.2000, p. 2.

(6) OJ L 15, 20.1.2000, p. 1.

(7) As long as this Agreement is not yet concluded, insofar as it applies provisionally.

Annex IX
Specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in Article 39 of the Act of Accession)

I.  In relation to Article 39(2)

(1) To implement without further delay the Schengen Action Plan, as published in M.Of., p. I, nr. 129 bis/10.II.2005, amended in line with the acquis and in accordance with the deadlines agreed upon.

(2) In order to ensure a high level of control and surveillance at the future external borders of the Union, to speed up considerably efforts in terms of modernising equipment and infrastructure at the green border, blue border and at border crossing points, and to further enhance the capacity of operational risk analysis. This must be reflected in one single multi-annual investment plan to be tabled no later than March 2005, which must allow the Union to measure progress on a yearly basis and until the decision referred to in Article 4(2) of the Act is taken in respect of Romania. In addition, Romania must considerably step up its plans to recruit 4 438 border police agents and officers and in particular ensure that a staffing level as close as possible to 100 % is reached along the borders with Ukraine, Moldova and at the Black Sea coast already upon accession. Romania must also implement all necessary measures to effectively combat illegal immigration, including strengthening cooperation with third countries.

(3) To develop and implement an updated and integrated Action Plan and Strategy for the Reform of the Judiciary including the main measures for implementing the Law on the Organisation of the Judiciary, the Law on the Status of Magistrates and the Law on the Superior Council of Magistracy which entered into force on 30 September 2004. Both updated documents must be submitted to the Union no later than March 2005; adequate financial and human resources for the implementation of the Action Plan must be ensured and it must be implemented without further delay and according to the time schedule set. Romania must also demonstrate by March 2005 the full operationability of the new system for random distribution of cases.

(4) To considerably step up the fight against corruption and in particular against high-level corruption by ensuring a rigorous enforcement of the anti-corruption legislation and the effective independence of the National Anti-Corruption Prosecutors' Office (NAPO) and by submitting on a yearly basis as of November 2005 a convincing track-record of the activities of NAPO in the fight against high-level corruption. NAPO must be given the staff, financial and training resources, as well as equipment necessary for it to fulfil its vital function.

(5) To conduct an independent audit of the results and the impact the current National Anti‐Corruption Strategy has generated; to reflect the conclusions and recommendations of this audit in the new multi-annual anti-corruption strategy which must be one comprehensive document, in place no later than March 2005, accompanied by an action plan with clearly defined benchmarks to be reached and results to be obtained, as well as adequate budgetary provisions; the implementation of the Strategy and Action Plan must be overseen by one existing, clearly defined, independent body; the strategy must include the commitment to revise the protracted criminal procedure by the end of 2005 to ensure that corruption cases are dealt with in a swift and transparent manner, in order to guarantee adequate sanctions that have a deterrent effect; finally, it must contain steps to considerably reduce the number of bodies which all have powers to prevent or investigate corruption by the end of 2005, so that overlapping responsibilities are avoided.

(6) To ensure by March 2005 a clear legal framework for the respective tasks of, and cooperation between, gendarmerie and police including as far as implementing legislation is concerned, and to develop and implement a clear recruitment plan by the middle of 2005 for both institutions with the aim of having made considerable progress in filling the 7 000 vacancies in the police and the 18 000 vacancies in the gendarmerie by the date of accession.

(7) To develop and implement a coherent multi-annual anti-crime strategy including concrete actions to curb Romania's status as a country of origin, transit and destination of victims of trafficking and to submit on a yearly basis and as of March 2005 reliable statistics on the way this crime phenomenon is being tackled.

II. In relation to Article 39(3)

(8) To ensure effective control by the Competition Council of any potential State aid, including in relation to State aid foreseen by means of deferrals of payments to the State budget of fiscal or social liabilities or deferrals of liabilities related to energy supply.

(9) To strengthen the State aid enforcement record without delay and to ensure a satisfactory enforcement record in the areas of both anti-trust and State aid thereafter.

(10) To submit to the Commission by mid-December 2004 a revised steel restructuring plan (including the National Restructuring Programme and the Individual Business Plans) in line with the requirements set out in Protocol 2 on ECSC products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part (1), as well as with the conditions set out in Annex VII, Chapter 4, Section B, to the Act.

To fully respect the commitment not to grant or pay any State aid to the steel mills covered by the National Restructuring Strategy from 1 January 2005 to 31 December 2008 and to fully respect the State aid amounts and the conditions regarding capacity reductions to be decided in the context of Protocol 2 on ECSC products to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part.

(11) To continue devoting adequate financial means and sufficient and adequately qualified human resources to the Competition Council.

(1) OJ L 357, 31.12.1994, p. 2. Agreement as last amended by Decision No 2/2003 of the EU/Romania Association Council of 25.9.2003 (not yet published in the Official Journal).

=Final act=

I - Text of the final act
1. The Plenipotentiaries of:

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,

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

Have placed on record the fact that the following texts have been drawn up and adopted within the Conference between the 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:

I. the 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 (hereinafter ‘the Treaty of accession’);

II. the texts of the Treaty establishing a Constitution for Europe, in the Bulgarian and Romanian languages;

III. the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union (hereinafter ‘the Accession Protocol’);

IV. the texts listed below which are annexed to the Accession Protocol:

A. Annex I - List of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in Article 3(3) of the Protocol)

Annex II - List of 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, to be binding on and applicable in the new Member States as from accession (referred to in Article 4(1) of the Protocol)

Annex III - List referred to in Article 16 of the Protocol: adaptations to acts adopted by the institutions

Annex IV - List referred to in Article 17 of the Protocol: supplementary adaptations to acts adopted by the institutions

Annex V - List referred to in Article 18 of the Protocol: other permanent provisions

Annex VI - List referred to in Article 20 of the Protocol: transitional measures, Bulgaria

Annex VII - List referred to in Article 20 of the Protocol: transitional measures, Romania

Annex VIII - Rural development (referred to in Article 34 of the Protocol)

Annex IX - Specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in Article 39 of the Protocol);

B. the texts of the Treaty establishing the European Atomic Energy Community and the Treaties amending or supplementing them in the Bulgarian and Romanian languages.

V. the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (hereinafter ‘the Act of Accession’);

VI. the texts listed below which are annexed to the Act of Accession:

A. Annex I - List of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in Article 3(3) of the Act of Accession)

Annex II - List of 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, to be binding on and applicable in the new Member States as from accession (referred to in Article 4(1) of the Act of Accession)

Annex III - List referred to in Article 19 of the Act of Accession: adaptations to acts adopted by the institutions

Annex IV - List referred to in Article 20 of the Act of Accession: supplementary adaptations to acts adopted by the institutions

Annex V - List referred to in Article 21 of the Act of Accession: other permanent provisions

Annex VI - List referred to in Article 23 of the Act of Accession: transitional measures, Bulgaria

Annex VII - List referred to in Article 23 of the Act of Accession: transitional measures, Romania

Annex VIII - Rural development (referred to in Article 34 of the Act of Accession)

Annex IX - Specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in Article 39 of the Act of Accession);

B. the texts of the Treaty on European Union, the Treaty establishing the European Community and of the Treaty establishing the European Atomic Energy Community, and the Treaties amending or supplementing them, including the Treaty concerning the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, the Treaty concerning the accession of the Hellenic Republic, the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic, the Treaty concerning the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, and the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the Bulgarian and Romanian languages.

2. The High Contracting Parties have reached political agreement on a set of adaptations to acts adopted by the Institutions required by reason of accession and invite the Council and the Commission to adopt these adaptations before accession in accordance with Article 56 of the Accession Protocol or, as the case may be with Article 56 of the Act of Accession, as referred to in Article 4(3) of the Treaty of Accession, completed and updated where necessary to take account of the evolution of the law of the Union.

3. The High Contracting Parties undertake to communicate to the Commission and to each other all necessary information required for the application of the Accession Protocol or, as the case may be, of the Act of Accession. Where necessary, this information shall be provided in such good time before the date of accession as to enable the full application of the Accession Protocol or, as the case may be, of the Act of Accession, from the date of accession, in particular as regards the functioning of the internal market. In this context early notification under Article 53 of the Accession Protocol or, as the case may be, under Article 53 of the Act of Accession, of the measures adopted by Bulgaria and Romania is of primary importance. The Commission may inform the Republic of Bulgaria and Romania of the time by which it considers it appropriate to receive or transmit specific information. By this day of signature, the Contracting Parties were provided with a list setting out the information obligations in the veterinary domain.

4. The Plenipotentiaries have taken note of the following Declarations which have been made and are annexed to this Final Act:

A. Joint Declarations by the present Member States

1. Joint Declaration on the free movement of workers: Bulgaria

2. Joint Declaration on grain legumes: Bulgaria

3. Joint Declaration on the free movement of workers: Romania

4. Joint Declaration on rural development: Bulgaria and Romania

B. Joint Declaration by the present Member States and the Commission

5. Joint Declaration on Bulgaria's and Romania's preparations for accession

C. Joint Declaration by various present Member States

6. Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Bulgaria and Romania

D. Declaration by the Republic of Bulgaria

7. Declaration by the Republic of Bulgaria on the use of the Cyrillic alphabet in the European Union

5. The Plenipotentiaries have taken note of the Exchange of Letters between the European Union and the Republic of Bulgaria and Romania on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession and which is attached to this Final Act.

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

(Signatories)

A - Joint declarations by the present member states
1.  Joint declaration on the free movement of workers: Bulgaria

The European Union stresses the strong elements of differentiation and flexibility in the arrangement for the free movement of workers. Member States shall endeavour to grant increased labour market access to Bulgarian nationals under national law, with a view to speeding up the approximation to the acquis. As a consequence, the employment opportunities in the European Union for Bulgarian nationals should improve substantially upon Bulgaria's accession. Moreover, the EU Member States will make best use of the proposed arrangement to move as quickly as possible to the full application of the acquis in the area of free movement of workers.

2.  Joint declaration on grain legumes: Bulgaria

With regard to grain legumes an area of 18 047 ha has been taken into account for the calculation of Bulgaria's national ceiling in Annex VIIIA to Regulation (EC) No 1782/2003 of 29 September 2003 (OJ L 270, 21.10.2003, p. 1).

3.  Joint declaration on the free movement of workers: Romania

The European Union stresses the strong elements of differentiation and flexibility in the arrangement for the free movement of workers. Member States shall endeavour to grant increased labour market access to Romanian nationals under national law, with a view to speeding up the approximation to the acquis. As a consequence, the employment opportunities in the European Union for Romanian nationals should improve substantially upon Romania's accession. Moreover, the EU Member States will make best use of the proposed arrangement to move as quickly as possible to the full application of the acquis in the area of free movement of workers.

4.  Joint declaration on rural development: Bulgaria and Romania

With regard to the commitment appropriations for rural development originating from the EAGGF Guarantee Section for Bulgaria and Romania over the three-year period 2007‐2009 mentioned in Article 34(2) of the Accession Protocol and Article 34(2) of the Act of Accession, the Union notes that the following allocations can be expected: Bulgaria's and Romania's rural development allocations beyond the three year period 2007‐2009 will be based on application of existing rules or those rules deriving from any policy reforms taking place in the meantime.

B - Joint declarations by the present member states and the Commission
5.  Joint declaration on Bulgaria's and Romania's preparations for accession

The European Union will continue to monitor closely Bulgaria's and Romania's preparations and achievements, including the effective implementation of the commitments undertaken in all areas of the acquis.

The European Union recalls the Presidency Conclusions of the European Council of 16/17 December 2004, in particular under points 8 and 12, underlining that, in the case of Romania, particular attention will be paid to preparation in the areas of Justice and Home Affairs, Competition and Environment, and that in the case of Bulgaria, particular attention will be paid to preparation in the area of Justice and Home Affairs. The Commission will continue to submit annual reports on Bulgaria's and Romania's progress towards accession, together with recommendations if appropriate. The European Union recalls that safeguard clauses provide for measures to address serious problems that may arise, as the case may be, before accession or in the three years after accession.

C - Joint declarations by various member states
6.  Joint declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Bulgaria and Romania

The wording of point 13 of the transitional measures on the free movement of workers under Directive 96/71/EC in Annexes VI and VII to both the Accession Protocol and the Act of Accession is understood by the Federal Republic of Germany and the Republic of Austria in agreement with the Commission as meaning that ‘certain regions’ may, where appropriate, also comprise the entire national territory.

D - Declaration by the Republic of Bulgaria
7.  Declaration by the Republic of Bulgaria on the use of the cyrillic alphabet in the European Union

With the recognition of Bulgarian as an authentic language of the Treaties as well as an official and working language to be used by the institutions of the European Union, the Cyrillic alphabet will become one of the three alphabets officially used in the European Union. This substantial part of the cultural heritage of Europe represents a particular Bulgarian contribution to the linguistic and cultural diversity of the Union.

III - Exchange of letters
Exchange of Letters between the European Union and the Republic of Bulgaria and Romania on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession

Sir,

I have the honour to refer to the question concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession of your country to the European Union which was raised in the framework of the accession negotiations.

I hereby confirm that the European Union is able to agree to such a procedure, in the terms set out in the Annex to this letter, which could be applied with effect from 1 October 2004.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

Yours faithfully,

Sir,

I have the honour to acknowledge receipt of your letter which reads as follows:

‘I have the honour to refer to the question concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession of your country to the European Union which was raised in the framework of the accession negotiations.

I hereby confirm that the European Union is able to agree to such a procedure, in the terms set out in the Annex to this letter, which could be applied with effect from 1 October 2004.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.’

I have the honour to confirm that my Government is in agreement with the contents of this letter.

Yours faithfully,

Annex
Information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession

I.

1. In order to ensure that the Republic of Bulgaria and Romania, hereinafter referred to as the ‘acceding States’, are kept adequately informed, any proposal, communication, recommendation or initiative which might lead to decisions by the institutions or bodies of the European Union shall be brought to the knowledge of the acceding States after being transmitted to the Council.

2. Consultations shall take place pursuant to a reasoned request by an acceding State, which shall set out expressly therein its interests as a future member of the Union and its observations.

3. Administrative decisions shall not, as a general rule, give rise to consultations.

4. Consultations shall take place within an Interim Committee composed of representatives of the Union and of the acceding States. Save for a reasoned objection from an acceding State, consultations may also take place in the form of the exchange of messages by electronic means, in particular in the common foreign and security policy.

5. On the Union side, the members of the Interim Committee shall be the members of the Permanent Representatives Committee or persons designated by them for this purpose. Where appropriate, the members may be the Members of the Political and Security Committee. The Commission shall be invited to be represented in this work.

6. The Interim Committee shall be assisted by a Secretariat, which shall be that of the Conference, continued for this purpose.

7. Consultations shall normally take place as soon as the preparatory work carried out at Union level with a view to the adoption of decisions or common positions by the Council has produced common guidelines enabling such consultations to be usefully arranged.

8. If serious difficulties remain after consultations, the matter may be raised at ministerial level at the request of an acceding State.

9. The above provisions shall apply mutatis mutandis to the decisions of the Board of Governors of the European Investment Bank.

10. The procedure laid down in the above paragraphs shall also apply to any decision to be taken by the acceding States which might affect the commitments resulting from their position as future members of the Union.

II.

11. The Union and the Republic of Bulgaria and Romania shall take the necessary measures to ensure that their accession to the agreements or conventions referred to in Articles 3(3), 6(2) and 6(6) of the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union and in Articles 3(3), 6(2) and 6(6) of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania coincides so far as possible, and under the conditions laid down in that Protocol and in that Act, with the entry into force of the Treaty of Accession.

12. Insofar as the agreements or conventions among Member States exist only in draft and probably cannot be signed in the period before accession, the acceding States will be invited to be associated, after the signature of the Treaty of Accession and in accordance with appropriate procedures, with the preparation of those drafts in a positive spirit and in such manner as to facilitate their conclusion.

13. With regard to the negotiation with the co-contracting parties of the protocols referred to in Article 6(2), second subparagraph, of the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union and in Article 6(2), second subparagraph, of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania, the representatives of the acceding States shall be associated with the work as observers, side by side with the representatives of the present Member States.

14. Certain non-preferential agreements concluded by the Community, which remain in force after the date of accession, may be the subject of adaptations or adjustments in order to take account of the enlargement of the Union. These adaptations or adjustments will be negotiated by the Community in association with the representatives of the acceding States in accordance with the procedure referred to in the preceding paragraph.

III.

15. The institutions shall, in due course, draw up the texts referred to in Articles 58 and 60 of the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union and in Articles 58 and 60 of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania. To that end, the Governments of the Republic of Bulgaria and of Romania shall provide the institutions with translations of those texts in a timely manner.