European Commission: Strategy Paper and Report 2003

Finalising the Accession Treaty

The Seville European Council stated that ``drafting of the Treaty of Accession should continue so that it can be completed as soon as possible after the conclusion of the accession negotiations. It would seem reasonable to expect that the Treaty of Accessioncould be signed in spring 2003''.

The results of the accession negotiations in terms of transitional arrangements agreed and the technical adaptations to the acquis as a result of enlargement will be embodied in one legal instrument and its associated acts: the Accession Treaty. Work on the drafting of this Treaty formally started in March 2002 and is already well advanced. Most negotiated measures and necessary adaptations have already been incorporated in the draft Treaty. Taking the conclusions of the Laeken European Council as a point of departure, the Treaty is being drafted based on the assumption of an enlargement of ten new Member States, and following a structure very similar to that of the previous enlargement. Because of the technical adaptations necessary, the Treaty may have around 1000 pages in the Official Journal.

Once the negotiations are concluded, the drafting of the Treaty will need to be finalised in order to incorporate in it the final results of the negotiations. Taking into account the advanced stage of the drafting process, it seems reasonable to expect that the Accession Treaty could be finalised no later than six weeks after the conclusion of the negotiations.

Once the text of the Treaty has been agreed by all parties to the negotiations, the Commission should adopt its Opinion on the applications for accession of the concerned countries. The European Parliament should then be asked to give its assent in accordance with Article 49 of the EU Treaty, followed by a decision of the Council on the admission of new Member States. Provided that the Commission can issue its Opinion in February 2003, and allowing sufficient time for the decision making process in Parliament and Council, the Accession Treaty can be expected to be signed in spring 2003, as foreseen by the Seville European Council. Thereafter, the Treaty, drawn up in all present and future Community languages, will be signed by the parties.

After signature, the Treaty will be submitted for ratification by the present and future Member States, in accordance with their respective constitutional requirements. The Accession Treaty should, as in the past, contain a date for the accession of the new Member States, provided that the necessary instruments of ratification are deposited, with the possibility to adjust relevant provisions if any of the acceding countries do not ratify.

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