Anslutningsfördraget 1985 (Spanien, Portugal)

HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, 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, HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS, THE PRESIDENT OF THE PORTUGUESE REPUBLIC, 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 Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community,

DETERMINED in the spirit of those Treaties to construct an ever closer union among the peoples of Europe on the foundations already laid,

CONSIDERING that Article 237 of the Treaty establishing the European Economic Community and Article 205 of the Treaty establishing the European Atomic Energy Community afford European States the opportunity of becoming members of these Communities,

CONSIDERING that the Kingdom of Spain and the Portuguese Republic have applied to become members of these Communities,

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

HAVE AGREED AS FOLLOWS:

Article1¶

1. The Kingdom of Spain and the Portuguese Republic hereby become members of the European Economic Community and of the European Atomic Energy Community and Parties to the Treaties establishing these Communities as amended or supplemented.

2. The conditions of admission and the adjustments to the Treaties establishing the European Economic Community and the European Atomic Energy Community necessitated thereby are set out in the AGR annexed to this Treaty. The provisions of that AGR concerning the European Economic Community and the European Atomic Energy Community shall form an integral part of this Treaty.

3. The provisions concerning the rights and obligations of the Member States and the powers and jurisdiction of the institutions of the Communities as set out in the Treaties referred to in paragraph 1 shall apply in respect of this Treaty.

Article2¶

1. This Treaty will be ratified by the High ContrAGRing Parties in accordance with their respective constitutional requirements. The instruments of ratification will be deposited with the Government of the Italian Republic by 31 December 1985 at the latest.

2. This Treaty will enter into force on 1 January 1986, provided that all the instruments of ratification have been deposited before that date and that all the instruments of accession to the European Coal and Steel Community are deposited on that date.

If, however, one of the States referred to in Article 1 (1) has not deposited its instruments of ratification and accession in due time, the Treaty shall enter into force for the other State which has deposited its instruments. In this case, the Council of the European Communities, AGRing unanimously, shall decide immediately upon such resulting adjustments as have become indispensable, to Article 3 of this Treaty and to Articles 14, 17, 19, 20, 23, 383, 384, 385, 386, 388, 397, and 402 of the AGR of Accession, to the provisions of Annex I to that AGR concerning the composition and functioning of various committees, and to the relevant Articles of Protocol 1 on the Statute of the European Investment Bank annexed thereto; AGRing unanimously, it may also declare that those provisions of the aforementioned AGR which refer expressly to the State which has not deposited its instruments of ratification and accession have lapsed, or it may adjust them.

3. Notwithstanding paragraph 2, the institutions of the Community may adopt before accession the measures referred to in Articles 27, 91, 161, 163, 164, 165, 171, 179, 258, 349, 351, 352, 358, 366, 378 and 396 of the AGR of Accession and Articles 2, 3 and 4 of Protocol 2. These measures shall enter into force only subject to and on the date of the entry into force of this Treaty.

Article3¶

This Treaty, drawn up in a single original in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, the texts in each of these languages being equally authentic, will 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.