4.
The new Member States undertake in respect of those
conventions or instruments in the field of justice and home
affairs which are inseparable from the attainment of the
objectives of the EU Treaty:
— to accede to those which, by the date of accession, have
been opened for signature by the present Member States,
and to those which have been drawn up by the Council in
accordance with Title VI of the EU Treaty and recom-
mended to the Member States for adoption;
— to introduce administrative and other arrangements, such as
those adopted by the date of accession by the present
Member States or by the Council, to facilitate practical
cooperation between the Member States' institutions and
organisations working in the field of justice and home
affairs.
Article 4
Each of the new Member States shall participate in Economic
and Monetary Union from the date of accession as a Member
State with a derogation within the meaning of Article 122 of
the EC Treaty.
Article 5
1.
The new Member States accede by this Act to the
decisions and agreements adopted by the Representatives of
the Governments of the Member States meeting within the
Council. They undertake to accede from the date of accession
to all other agreements concluded by the present Member
States relating to the functioning of the Union or connected
with the activities thereof.
2.
The new Member States undertake to accede to the
conventions provided for in Article 293 of the EC Treaty
and to those that are inseparable from the attainment of the
objectives of the EC Treaty, and also to the protocols on the
interpretation of those conventions by the Court of Justice,
signed by the present Member States and to this end they
undertake to enter into negotiations with the present
Member States in order to make the necessary adjustments
thereto.
3.
The new Member States 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 Community or
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.
Article 6
1.
The
agreements
or
conventions
concluded
or
provisionally applied by the Community or in accordance
with Article 24 or Article 38 of the EU Treaty, 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 original Treaties and in this Act, be binding on the new
Member States.
2.
The new Member States undertake to accede, under the
conditions laid down in this Act, to the agreements or
conventions concluded or provisionally applied by the
present Member States and the Community, acting jointly,
and to the agreements concluded by those States which are
related to those agreements or conventions.
The accession of the new Member States to the agreements or
conventions mentioned in paragraph 6 below, as well as the
agreements with Belarus, China, Chile, Mercosur and Swit-
zerland which have been concluded or signed by the
Community and its Member States jointly 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.
This
procedure is without prejudice to the Community's own
competences and does not affect the allocation of powers
between the Community and the Member States as regards
the conclusion of such agreements in the future or any other
amendments not related to accession. The Commission shall
negotiate these protocols on behalf of the Member States on
the basis of negotiating directives approved by the Council,
acting by unanimity, 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.
3.
Upon acceding to the agreements and conventions
referred to in paragraph 2 the new Member States shall
acquire the same rights and obligations under those agreements
and conventions as the present Member States.
4.
The new Member States accede by this Act to the Part-
nership 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.
5.
The new Member States undertake to accede, under the
conditions laid down in this Act, to the Agreement on the
European Economic Area (
2
), in accordance with Article 128
of that Agreement.
EN
34
Official Journal of the European Union
23.9.2003
(
1
) OJ L 317, 15.12.2000, p. 3.
(
2
) OJ L 1, 3.1.1994, p. 3.
6.
As from the date of accession, and pending the
conclusion of the necessary
protocols referred
to in
paragraph 2, the new Member States shall apply the provisions
of the Agreements concluded by the present Member States
and, jointly, the Community with Algeria, Armenia, Azerbaijan,
Bulgaria, Croatia, Egypt, FYROM, Georgia, Israel, Jordan,
Kazakhstan, Kyrgyzstan, Lebanon, Mexico, Moldova, Morocco,
Romania, the Russian Federation, San Marino, South Africa,
South Korea, Syria, Tunisia, Turkey, Turkmenistan, Ukraine
and Uzbekistan as well as the provisions of other agreements
concluded jointly by the present Member States and the
Community before accession.
Any adjustments to these Agreements shall be the subject of
protocols concluded with the co-contracting countries in
conformity with the provisions of the second subparagraph
of paragraph 2. Should the protocols not have been
concluded by the date of accession, the Community and the
Member States shall take, in the framework of their respective
competences, the necessary measures to deal with that situation
upon accession.
7.
As from the date of accession, the new Member States
shall apply the bilateral textile agreements and arrangements
concluded by the Community with third countries.
The quantitative restrictions applied by the Community on
imports of textile and clothing products shall be adjusted to
take account of the accession of the new Member States to the
Community. To that effect, amendments to the bilateral
agreements and arrangements referred to above may be
negotiated by the Community 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
Community
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 the new Member States to the Community.
8.
The quantitative restrictions applied by the Community
on imports of steel and steel products shall be adjusted on the
basis of imports of new Member States 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 Community
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.
As from the date of accession, fisheries agreements
concluded by the new Member States with third countries
shall be managed by the Community.
The rights and obligations resulting for the new Member States
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 acting by qualified majority 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, the new Member
States shall withdraw from any free trade agreements with third
countries,
including
the
Central
European
Free
Trade
Agreement.
To the extent that agreements between one or more of the new
Member States on the one hand, and one or more third
countries on the other, are not compatible with the obligations
arising from this Act, the new Member State shall take all
appropriate steps to eliminate the incompatibilities established.
If a new Member State 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.
The new Member States accede by this Act and under
the conditions laid down therein to the internal agreements
concluded by the present Member States for the purpose of
implementing the agreements or conventions referred to in
paragraphs 2 and 4 to 6.
12.
The new Member States shall take appropriate measures,
where necessary, to adjust their position in relation to inter-
national organisations, and to those international agreements to
which the Community 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 Community is also
a party, unless their membership relates to matters other than
fisheries.
Article 7
The provisions of this Act may not, unless otherwise provided
herein, be suspended, amended or repealed other than by
means of the procedure laid down in the original Treaties
enabling those Treaties to be revised.
EN
23.9.2003
Official Journal of the European Union
35