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Parliamentary questions
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1 February 2013
Joint answer given by Mr Barroso on behalf of the Commission
Written questions :E-010762/12 , E-011159/12 , E-010044/12 , E-011632/12
Question references: E-010044/2012, E-010762/2012, E-011159/2012, E-011632/2012

As the Commission has noted in its reply to Written Question E-008133/2012, it is not its role to express a position on questions of internal organisation related to the constitutional arrangements of a particular Member State.

Scenarios such as the separation of one part of a Member State or the creation of a new state would not be neutral as regards the EU Treaties. The Commission would express its opinion on the legal consequences under EC law upon request from a Member State detailing a precise scenario.

As the Commission has confirmed in the reply to written questions P-009756/2012 and P-009862/2012, the EU is founded on the Treaties which apply only to the Member States who have agreed and ratified them. If part of the territory of a Member State would cease to be part of that state because it were to become a new independent state, the Treaties would no longer apply to that territory. In other words, a new independent state would, by the fact of its independence, become a third country with respect to the EU and the Treaties would no longer apply on its territory.

Under Article 49 of the Treaty on European Union, any European state which respects the principles set out in Article 2 of the Treaty on European Union may apply to become a member of the EU. If the application is accepted by the Council acting unanimously, an agreement is then negotiated between the applicant state and the Member States on the conditions of admission and the adjustments to the Treaties which such admission entails. This agreement is subject to ratification by all Member States and the applicant state.

OJ C 320 E, 06/11/2013
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