EN Official Journal of the European Union L 302/5

DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES

11 June 1985

on the accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 98 thereof,

Having regard to the opinion of the Commission,

With reference to the opinion of the European Parliament,

Whereas the Kingdom of Spain and the Portuguese Republic have applied to accede to the European Coal and Steel Community;

Whereas the conditions of accession to be determined by the Council have been negotiated with the abovementioned States,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Kingdom of Spain and the Portuguese Republic may become members of the European Coal and Steel Community by acceding, under the conditions laid down in this Decision, to the Treaty establishing that Community, as amended or supplemented.

2. The conditions of accession and the adjustments to the Treaty establishing the European Coal and Steel Community necessitated thereby are set out in the Act annexed to this Decision. The provisions of that Act concerning the European Coal and Steel Community shall form an integral part of this Decision.

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 Treaty referred to in paragraph 1 shall apply in respect of this Decision.

Article 2

1. The instruments of accession of the Kingdom of Spain and the Portuguese Republic to the European Coal and Steel Community will be deposited with the Government of the French Republic on 1 January 1986.

2. Accession will take effect on 1 January 1986, provided that all the instruments of accession have been deposited on that date and that all the instruments of ratification of the Treaty concerning accession to the European Economic Community and the European Atomic Energy Community have been deposited before that date.

If, however, one of the States referred to in paragraph 1 of this Article has not deposited its instruments of accession and ratification in due time, accession shall take effect for the other acceding State. In this case, the Council of the European Communities, acting unanimously, shall decide immediately upon such resulting adjustments, as have become indispensable, to Article 3 of this Decision and to Articles 12, 13, 17, 19, 20, 22, 383, 384, 385 and 397 of the Act of Accession; acting unanimously, it may also declare that those provisions of the said Act which refer expressly to the State which has not deposited its instruments of accession and ratification 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, 179, 366, 378 and 396 of the Act of Accession. These measures shall enter into force only subject to and on the date on which this Decision takes effect.

4. The Government of the French Republic will remit a certified copy of the instrument of accession of each acceding State to the Governments of the Member States and of the other acceding State.

Article 3

This Decision, drawn up in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Portuguese and Spanish languages, the texts in each of these languages being equally authentic, shall be communicated to the Member States of the European Coal and Steel Community, to the Kingdom of Spain and to the Portuguese Republic.