Abstract
In respect of the requirements for membership and the procedural aspects related to the EU enlargement included in the text of the Treaty, ex Article 237 of the EEC Treaty, stating that ‘every European state can apply for membership’, was changed several times in accordance with the Treaty modifications of the Single European Act, the Treaty of Maastricht and, finally, the Treaty of Amsterdam, which introduced a list of criteria for membership under Article 49 EU Treaty (TEU).
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Notes
- 1.
The new EU Member States are Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia and Slovenia. In the context of this dissertation, the term new Member States refers to these 12 countries. Further to the different listing of parties within the international climate regime, the EU15 refers to Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom, the EU12 to the new Member States and the EU10 to the new Member States with the exception of Malta and Cyprus.
- 2.
Any European State which respects the principles set out in Article 6(1) may apply to become a member of the Union. It shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the assent of the European Parliament, which shall act by an absolute majority of its component members. The conditions of admission and the adjustments to the Treaties on which the Union is founded which such admission entails shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements [Article 49 TEU (ex Article O)].
- 3.
The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States [Article 6 TEU (ex Article F)].
- 4.
See Hoffmeister 2002a, b.
- 5.
According to [Article 310 (ex Article 238) of the EC Treaty] , the European Community can conclude association agreements with a non-Member State, or a union of states or an international organisation.
- 6.
Steiner and Woods 2001, p. 12; Weatherill and Beaumont 1999, p. 8.
- 7.
The Accession Partnership concept was first developed at the 1996 Dublin European Council and then defined in more detail by the Commission in the document ‘Agenda 2000: for a stronger and wider union’, COM(1997)2000, Brussels, 16 July 1997.
- 8.
In 1993, Cyprus as well as Malta had already received a favourable opinion as to their application for membership. Malta’s application was suspended in 1996 because of the change of government and then resubmitted in 1998.
- 9.
Presidency Conclusions of the European Council meeting in Luxembourg on 12 and 13 December 1997.
- 10.
Following a change of government in October 1996, Malta had temporarily withdrawn its application.
- 11.
See point 5, Presidency Conclusions of the European Council meeting in Luxembourg on 12 and 13 December 1997: ‘The members of the Conference must share a common commitment to peace, security and good neighbourliness, respect for other countries’ sovereignty, the principles upon which the European Union is founded, the integrity and inviolability of external borders and the principles of international law and a commitment to the settlement of territorial disputes by peaceful means, in particular through the jurisdiction of the International Court of Justice in the Hague.’
- 12.
The first Regular Reports were presented on 17 December 1998 and updated versions on 13 October 1999.
- 13.
See supra n. 9.
- 14.
Turkey applied for membership of the European Community on 14 April 1987.
- 15.
The Treaty of Rome establishing the EEC and the Treaty establishing the EAEC included a provision on enlargement in Article 237 and Article 205, respectively; the Single European Act amended Article 237, giving more power to the Parliament; the Treaty of Maastricht introduced Article O, which was followed by Article 49 of the Treaty of Amsterdam.
- 16.
The role of the European Parliament in the enlargement procedure was strengthened with the adoption of the Single European Act in 1986.
- 17.
At the time of writing, the Council of the EU has so far rejected only one application: Morocco in 1987.
- 18.
The Treaty of Accession to the EU of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia included several legislative acts and other instruments, such as the Act concerning the conditions of accession which is composed of principles, adjustments to the Treaties, permanent and temporary provisions, provisions relating to the implementation of this Act and a long list of Annexes.
- 19.
The conditions of admission and the adjustments to the Treaties on which the Union is founded, which such admission entails, shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements [Article 49(2) EU Treaty].
- 20.
For instance, the Czech Republic asked seven transition periods for transposing certain Community legislation into national law, such as Directive 94/62/EC on packaging and packaging waste (2005) and Directive 91/271/EC on urban waste water treatment (2010).
- 21.
European Commission 2000.
- 22.
European Commission 2001.
- 23.
All documents concerning the accession of the ten new Member States to the European Union can be found in Documents 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 to the European Union OJ L 236, volume 46, 23 September 2003.
- 24.
At the Thessaloniki Summit, Romania and Bulgaria agreed on 1 January 2007 as the date of accession and signed the Treaty of Accession with the EU on 25 April 2005. The Accession Treaty of Bulgaria and Romania includes a clause [Article 39(1) of the Accession Protocol] on the possibility to postpone the joining date to 1 January 2008.
- 25.
Article 2 of the Treaty of Accession. This situation had already occurred in the history of the EU, namely when France vetoed Norway’s entry in 1962 and 1967.
- 26.
Malta was the first country to ratify the Treaty of Accession, following the referendum of 8 March 2003. Slovenia held a referendum on 23 March 2003, followed by Hungary (12 April 2003), Lithuania (10–11 May 2003), Slovakia (16–17 May 2003), Poland (8 June 2003), the Czech Republic (15–16 June 2003), Estonia (14 September 2003) and Latvia (20 September 2003). The result of the referendums on EC membership in Malta, Slovenia and Estonia was not binding regarding their decision to join the EU, while it was binding in Hungary, Lithuania, Slovakia, Poland, Latvia and the Czech Republic.
- 27.
Article 20 of the Act concerning the conditions of accession.
- 28.
Specific adaptation of environmental regulation often concerned amendments to the legislation due to the accession of new countries, such as, for instance, the listing of national measuring stations, the list of definitions, the list of species, etc.
- 29.
ECJ, joined cases 194/85 and 241/85 Commission v. Greece [1988] ECR 1037.
- 30.
OJ L 296, 21 November 1996, pp. 55–63.
- 31.
OJ L 40, 13 February 1999, pp. 49–50, and OJ L 100, 20 April 2000, pp. 55–58, respectively.
- 32.
OJ L 85, 29 March 1999, pp. 1–26.
- 33.
OJ L 121, 11 May 1999, pp. 13–18.
- 34.
OJ L 309, 27 November 2001, pp. 22–30.
- 35.
OJ L 67, 9 March 2002, pp. 14–30.
- 36.
OJ L 16, 18 January 2002, pp. 32–34.
- 37.
OJ L 035, 6 February 2001, pp. 34–35.
- 38.
OJ L 76, 22 March 2003, pp. 10–19.
- 39.
OJ L 257, 10 October 1996, pp. 26–48.
- 40.
OJ L 309, 27 November 2001, pp. 1–27.
- 41.
As we will see in the next chapters, apart from these two regulations, further EU legislation aimed at combating climate change was adopted after negotiations were closed in November 2002.
- 42.
OJ L 117, 5 May 1999.
- 43.
OJ L 33, 7 February 1994.
- 44.
Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, OJ L 275, 25 October 2003, pp. 32–46.
- 45.
Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder, OJ L 130, 15 May 2002.
- 46.
OJ L 123/42, 17 May 2003.
- 47.
OJ L 283/51, 31 October 2003.
- 48.
OJ L 525/50, 21 February 2004.
- 49.
See supra n. 39.
- 50.
Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants, OJ L 309 of 27 November 2001, p. 1.
- 51.
Lithuania and Latvia were the two countries which tried hardest to obtain such a transitional arrangement. See ‘Carbon Market Europe’, 14 March 2003, Point Carbon, available at: http://www.pointcarbon.com.
- 52.
See Chap. 1 n. 3.
- 53.
Hungary had asked the meeting to convene and Latvia and Malta explicitly asked for further information on how the proposed Directive would be implemented.
- 54.
See Chap. 3.
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Massai, L. (2011). The EU Enlargement. In: The Kyoto Protocol in the EU. T.M.C. Asser Press. https://doi.org/10.1007/978-90-6704-571-1_2
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