Treaty of Accession 2005
Encyclopedia
The Treaty of Accession 2005 is an agreement between the member states of European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 and Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

 and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

. It entered into force on 1 January 2007. The Treaty arranged accession of Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

 and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

 to the EU and amended earlier Treaties of the European Union
Treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...

. As such it is an integral part of the constitutional basis of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

.

Full title

The full official name of the Treaty is:

History

Following successful completion of accession negotiations European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...

 concluded on 17 December 2004 that Bulgaria and Romania were ready to become members of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

. A request for assent (C6‑0085/2005) was submitted to the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...

.

On 22 February, the 2005 European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

 delivered a favourable opinion on the accession to the European Union of Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

 and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

. As a result, on 13 April 2005 the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...

 gave assent
Assent procedure
The consent procedure is one of the special legislative procedures of the European Union.- Single European Act :...

 to the applications of Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

 and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

 to become members of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

. The parliament voted in favour of Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

 with 497 positive votes, 93 negative votes and 71 abstentions, while Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

 received 522 votes in favour, 70 votes against and 69 abstentions. On 25 April 2005 Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...

 accepted the applications for admission of Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

 and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

.

The treaty was signed on 25 April 2005, in Neumünster Abbey
Neumünster Abbey
Neumünster Abbey is a public meeting place and cultural centre, located in the Grund district of Luxembourg City in southern Luxembourg. After the original Benedictine Abbey on the Altmünster Plateau had been destroyed in 1542, the monks built a new abbey or Neumünster in 1606 in the Grund...

, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...

. In addition to the Treaty of Accession a Final Act was signed. The Final Act registers the results of the accession negotiations, including any declarations made by the parties. It also laid down arrangements for the period between signing and entry into force of the treaty. Ratification of the Treaty of Accession is summarized in the table below. The process was completed on 20 December 2006.
Parliament Date Result Deposition
11 May 2005 Yes. Народно събрание
National Assembly of Bulgaria
The National Assembly of Bulgaria is the unicameral parliament and body of the legislative of the Republic of Bulgaria.The National Assembly of Bulgaria was established in 1879 with the Constitution of Bulgaria.-Ordinary National Assembly:...

: 231 to 1 in favour, 2 abstentions.
27 May 2005
17 May 2005 Yes. Camerele Reunite
Parliament of Romania
The Parliament of Romania is made up of two chambers:*The Chamber of Deputies*The SenatePrior to the modifications of the Constitution in 2003, the two houses had identical attributes. A text of a law had to be approved by both houses...

: 434 to 0 in favour, 0 abstentions.
27 May 2005
21 June 2005 Yes. Narodna rada
National Council of the Slovak Republic
The National Council of the Slovak Republic , abbreviated to NR SR, is the national parliament of Slovakia. It is unicameral, and consists of 150 MPs, who are elected by universal suffrage under proportional representation every four years....

: 102 to 0 in favour, 2 abstentions.
28 September 2005
26 September 2005 Yes. Országgyűlés
National Assembly of Hungary
The National Assembly or Diet is the parliament of Hungary. The unicameral body consists of 386 members elected to 4-year terms. Election of members is based on a complex system involving both area and list election; parties must win at least 5% of the popular vote in order to enter list members...

: 257 to 6 in favour, 1 abstention.
26 October 2005
27 October 2005 Yes. House of Representatives
House of Representatives of Cyprus
The House of Representatives is the parliament of Cyprus. It has 59 members elected for a five year term, 56 members by proportional representation and 3 observer members representing the Maronite, Latin and Armenian minorities...

: 56 to 0 in favour, 0 abstentions.
26 January 2006
16 November 2005 Yes. Riigikogu: 69 to 0 in favour, 0 abstentions. 6 February 2006
24 January 2006 Yes. Kamra tad-Deputati
House of Representatives of Malta
The House of Representatives is the unicameral legislature of Malta and a component of the Parliament of Malta.The House is composed of an odd number of members elected for a five year term...

: Agreed without a division
Division (vote)
In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...

.
22 February 2006
2 November 2005 Yes. Βουλή των Ελλήνων
Hellenic Parliament
The Hellenic Parliament , also the Parliament of the Hellenes, is the Parliament of Greece, located in the Parliament House , overlooking Syntagma Square in Athens, Greece....

: Approved by acclamation.
24 February 2006
15 September 2005 Yes. Senát
Senate of the Czech Republic
The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic...

: 66 to 0 in favour, 2 abstentions.
3 March 2006
6 December 2005 Yes. Poslanecká sněmovna
Chamber of Deputies of the Czech Republic
The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague....

: 155 to 0 in favour, 1 abstention.
22 November 2005 Yes. Senato
Italian Senate
The Senate of the Republic is the upper house of the Italian Parliament. It was established in its current form on 8 May 1948, but previously existed during the Kingdom of Italy as Senato del Regno , itself a continuation of the Senato Subalpino of Sardinia-Piedmont established on 8 May 1848...

: Approved by show of hands.
21 March 2006
22 December 2005 Yes. Camera dei Deputati
Italian Chamber of Deputies
The Italian Chamber of Deputies is the lower house of the Parliament of Italy. It has 630 seats, a plurality of which is controlled presently by liberal-conservative party People of Freedom. Twelve deputies represent Italian citizens outside of Italy. Deputies meet in the Palazzo Montecitorio. A...

: 415 to 3 in favour, 4 abstentions.
29 September 2005 Yes. Državni zbor
National Assembly (Slovenia)
The National Assembly is the general representative body of the Slovenian nation. According to the Constitution of Slovenia and the Constitutional Court of Slovenia, it is the major part of the distinctively incompletely bicameral legislative branch of the Republic of Slovenia. It is unicameral...

: 64 to 0 in favour, 0 abstentions.
30 March 2006
24 November 2005 Yes. Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...

: Agreed without a division
Division (vote)
In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...

.
5 April 2006
7 February 2006 Yes. Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

: Agreed without a division
Division (vote)
In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...

.
incl. 8 December 2006 Yes. Gibraltar Parliament (Then, Gibraltar House of Assembly):
26 January 2006 Yes. Saeima: 79 to 0 in favour, 5 abstentions. 5 May 2006
9 May 2006 Yes. Riksdag: Approved by acclamation. 9 June 2006
24 November 2005 Yes. Congreso de los Diputados
Spanish Congress of Deputies
The Spanish Congress of Deputies is the lower house of the Cortes Generales, Spain's legislative branch. It has 350 members, elected by popular vote on block lists by proportional representation in constituencies matching the Spanish provinces using the D'Hondt method. Deputies serve four-year terms...

: 303 to 1 in favour, 0 abstentions.
21 June 2006
14 December 2005 Yes. Senado
Spanish Senate
The Senate of Spain is the upper house of Spain's parliament, the . It is made up of 264 members: 208 elected by popular vote, and 56 appointed by the regional legislatures. All senators serve four-year terms, though regional legislatures may recall their appointees at any time.The last election...

: 247 to 1 in favour, 0 abstentions.
26 April 2006 Yes. Nationalrat
National Council of Austria
The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers...

: Approved by show of hands with 2 against.
26 June 2006
11 May 2006 Yes. Bundesrat
Federal Council of Austria
The Federal Council of Austria or Bundesrat is the second chamber of the Austrian parliament, representing the nine States of Austria on federal level. As part of a bicameral legislature alongside of the National Council of Austria , it can be compared with an upper house or a senate...

: Approved by show of hands with 1 against.
30 March 2006 Yes. Seimas
Seimas
The Seimas is the unicameral Lithuanian parliament. It has 141 members that are elected for a four-year term. About half of the members of this legislative body are elected in individual constituencies , and the other half are elected by nationwide vote according to proportional representation...

: 85 to 1 in favour, 3 abstentions.
27 June 2006
19 June 2006 Yes. Eduskunta/Riksdag
Parliament of Finland
The Eduskunta , is the parliament of Finland. The unicameral parliament has 200 members and meets in the Parliament House in Helsinki. The latest election to the parliament took place on April 17, 2011.- Constitution :...

: Adopted without voting.
2 August 2006
incl.  Åland Islands 20 March 2006 Yes. Lagting
Parliament of Åland
The Lagting, or Lagtinget, is the parliament of Åland, an autonomous, demilitarised and unilingually Swedish-speaking territory of Finland. The Lagting has 30 seats.- Elections :- See also :*Government of Åland, or Ålands landskapsregering...

: Approved by acclamation.
7 February 2006 Yes. Tweede Kamer: 93 to 52 in favour, 0 abstentions. 31 August 2006
13 June 2006 Yes. Eerste Kamer: Adopted without voting with 4 against.
8 March 2006 Yes. Assembleia
Assembly of the Republic
The Assembly of the Republic is the Portuguese parliament. It is located in a historical building in Lisbon, referred to as Palácio de São Bento, the site of an old Benedictine monastery...

: 181 to 0 in favour, 11 abstentions.
2 October 2006
10 March 2006 Yes. Sejm
Sejm
The Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm ....

: 426 to 1 in favour, 1 abstention.
3 October 2006
30 March 2006 Yes. Senat
Senate of Poland
The Senate is the upper house of the Polish parliament, the lower house being the 'Sejm'. The history of the Polish Senate is rich in tradition and stretches back over 500 years, it was one of the first constituent bodies of a bicameral parliament in Europe and existed without hiatus until the...

: 71 to 0 in favour, 0 abstentions.
29 June 2006 Yes. Châmber
Chamber of Deputies of Luxembourg
The Chamber of Deputies , abbreviated to the Chamber, is the unicameral national legislature of Luxembourg. 'Krautmaart' is sometimes used as a metonym for the Chamber, after the square on which the Hôtel de la Chambre is located....

: 60 to 0 in favour, 0 abstentions.
10 October 2006
13 June 2006 Yes. Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...

: Agreed without a division
Division (vote)
In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...

.
16 October 2006
21 June 2006 Yes. Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...

: Agreed without a division
Division (vote)
In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...

.
30 March 2006 Yes. Sénat/Senaat
Belgian Senate
The Belgian Senate is one of the two chambers of the bicameral Federal Parliament of Belgium, the other being the Chamber of Representatives. It is considered to be the "upper house" of the Federal Parliament.-History and future:...

: 52 to 8 in favour, 0 abstentions.
19 October 2006
20 April 2006 Yes. Chambre/Kamer: 115 to 14 in favour, 1 abstention.
12 May 2006 Yes. Parlement Bruxellois/Brussels Hoofdstedelijk Parlement
Brussels Parliament
The Parliament of the Brussels-Capital Region , is the governing body of the Brussels-Capital Region, one of the three regions of Belgium...

: 77 to 6 in favour, 0 abstentions.
27 June 2006 Yes. Parlement de la Communauté française: 57 to 0 in favour, 3 abstentions.
12 July 2006 Yes. Vlaams Parlement
Flemish Parliament
The Flemish Parliament constitutes the legislative power in Flanders, for matters which fall within the competence of Flanders, both as a geographic region and a cultural community of Belgium The Flemish Parliament (Dutch: , and formerly called Flemish Council or Vlaamse Raad) constitutes the...

: 77 to 26 in favour, 0 abstentions.
19 July 2006 Yes. Parlement wallon
Walloon Parliament
The Walloon Parliament , formerly the Walloon Regional Council , is the Parliament of the Walloon Region, commonly called Wallonia, one of the self-governing Regions of Belgium with Flanders and the Brussels-Capital Region...

: 61 to 0 in favour, 1 abstention.
19 September 2006 Yes. Parlament der Deutschsprachigen Gemeinschaft: 25 to 0 in favour, 0 abstentions.
21 November 2006 Yes. Folketing
Folketing
The Folketing , is the national parliament of Denmark. The name literally means "People's thing"—that is, the people's governing assembly. It is located in Christiansborg Palace, on the islet of Slotsholmen in central Copenhagen....

: 97 to 2 in favour, 15 abstentions.
5 December 2006
27 June 2006 Yes. Assemblée nationale
French National Assembly
The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate ....

: Approved unanimously by show of hands.
6 December 2006
3 October 2006 Yes. Sénat
French Senate
The Senate is the upper house of the Parliament of France, presided over by a president.The Senate enjoys less prominence than the lower house, the directly elected National Assembly; debates in the Senate tend to be less tense and generally enjoy less media coverage.-History:France's first...

: Approved by show of hands with 2 senators abstaining from voting.
26 October 2006 Yes. Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...

: 529 to 12 in favour, 10 abstentions.
20 December 2006
24 November 2006 Yes. Bundesrat
Bundesrat of Germany
The German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level...

: 69 to 0 in favour, 0 abstentions.

The default date for entry into force of the Treaty was 1 January, 2007. Provisions were made for the postponement of the accession of one or both countries until 1 January 2008. Such a decision could have been taken by the Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...

 acting upon recommendation of the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

. In its 16 May 2006 monitoring report, the Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

 delivered the final recommendation about the date of accession, but requested further progress from Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

 and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

.
The 26 September, 2006 monitoring report concluded that both countries were sufficiently prepared to meet the political, economic and acquis criteria. It recommended against postponement of accession (instead to delay membership it was decided to address the shortcomings trough a subsequent cooperation and verification mechanism). The treaty entered into force on 1 January, 2007.

2. Treaty

The Treaty itself consists of six articles.

Article 1 arranges the accession of Republic of Bulgaria and Romania to the European Union.

Paragraph 1 makes Republic of Bulgaria and Romania full members of the European Union.

Paragraph 2 makes both countries parties to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community. Thus Bulgaria and Romania does not have to ratify the Treaty establishing a Constitution for Europe separately.

Paragraph 3 makes Protocol that sets the conditions and arrangements for admission and its annexes integral part of the Treaty itself.

Paragraph 4 annexes the above mentioned Protocol to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community and makes its provisions integral part of these treaties.

Article 2 provides for the situation when the Treaty itself enters into force before the Treaty establishing a Constitution for Europe. Thus it will provide the legal basis of the membership Bulgaria and Romania from 1 January 2007 until the Constitution of Europe is finally implemented in its present form (if ever).

Paragraph 1 states that both countries become parties to the Treaties on which the European Union is founded. Provisions of Article 1, paragraphs 2-4 will be applicable only from the date of the entry into force of the Constitution of Europe.

Paragraph 2 states that until the above mentioned event the conditions of admission and the adjustments to the Treaties on which the Union is founded will be provided by the Act annexed to the Treaty, which forms integral part of the Treaty itself.

Paragraph 3 arranges substitution of the Act with the Protocol upon the entry into force of the Constitution of Europe and legal consequences of this switch.

Article 3 defines all member states of European union, including Bulgaria and Romania as equal in respect of all Treaties of the Union, including this one.

Article 4 is about ratification and entry into force of the Treaty.

Paragraph 1 stipulates that the Treaty should be ratified by all parties by 31 December 2006 and ratification instruments should be deposited with the Italian government.

Paragraph 2 and 3 define the data from which the Treaty enters into force, mechanism for eventual postponement in respect of one or both of the acceding states, and provides for the situation when one or more country have ratified the Treaty, but have failed to deposit the ratification instruments by 1 January 2007. The ratification procedures were completed in time and the Treaty entered into force on 1 January 2007 on the territory of all member states.

Article 5 stipulates that the Treaty establishing a Constitution for Europe drawn up in the Bulgarian and Romanian languages shall be annexed to this Treaty and they will be authentic under the same conditions as the texts in all other official languages of the European union.

Article 6 states that the Treaty exists as a single original drawn in all official languages of the European Union. Each of these texts is equally authentic and the original will be deposited with the Italian government, while all parties will receive certified copies.

See also

  • Law of the European Union
  • 2007 enlargement of the European Union
    2007 enlargement of the European Union
    The 2007 enlargement of the European Union saw Bulgaria and Romania join the European Union on 1 January 2007. It was the latest expansion of the EU, though considered by the European Commission as part of the same wave as the 2004 enlargement of the European Union.-Negotiations:Romania was the...

  • Mechanism for Cooperation and Verification
    Mechanism for Cooperation and Verification
    The Mechanism for Cooperation and Verification is safeguard measure invoked by the European Commission in case some new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom,...


External links

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