Law Approving The Treaty Between The Kingdom Of Belgium, The Republic Of Bulgaria, The Czech Republic, The Kingdom Of Denmark, The Federal Republic Of Germany, The Republic Of Estonia, The Ireland, The Hellenic Republic, The Kingdom Of Spain

Original Language Title: Loi portant assentiment au Traité entre le Royaume de Belgique, la République de Bulgarie, la République tchèque, le Royaume de Danemark, la République fédérale d'Allemagne, la République d'Estonie, l'Irlande, la République hellénique, le Royaume d'Espagn

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17 FEBRUARY 2013. - Act enacting the Treaty between the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Italy, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Great Duchy of Luxembourg, the Republic of Hungary,



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Treaty between the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, Romania, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta,
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 February 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
Trade and European Affairs,
D. REYNDERS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents:
Bill tabled on 14/11/2012, No. 5-1837/1.
Annexes, No. 5-1837/2.
Report on behalf of the Commission, No. 5-1837/3.
Annales parlementaire :
Discussion, meeting of 13 December 2012.
Voting, meeting of 13 December 2012.
Room.
Documents:
Project transmitted by the Senate, No. 53-2575/1.
Report on behalf of the Commission, No. 53-2575/2
Text adopted in plenary and subject to Royal Assent, No. 53-2575/3.
Annales parlementaire :
Discussion, meeting of January 24, 2013.
Voting, meeting of 24 January 2013.
(2) See Decree of the Flemish Community/ Flemish Region 8 March 2013 (Belgian Monitor of 5 April 2013 (2e Ed.)), Decree of the French Community of 24 January 2013 (Moniteur belge of 6 March 2013), Decree of the German-speaking Community of 22 October 2012) (Moniteur belge of 9 November 2012), Decree of the Walloon Region of 31 January 2013 (Moniteur belge of 11 February 2013 and 12 February 2013), Order of the Brussels-Capital Region of 21 December 2012 (Moniteur belge de 8 février 2013), Ordon

THE REPUBLIC OF CROATIA
CONTENTS
A. Treaty between the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Italy, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Kingdom of Malta, the Kingdom of the Netherlands,
B. Act on conditions of accession to the European Union of the Republic of Croatia and to adaptations of the Treaty on the European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community
Part I: Principles
Part two: Treaty adaptations
Part I: Institutional arrangements
Part II: Other adaptations
Part Three: Permanent Provisions
Part 4: Temporary provisions
Part I: Transitional measures
Part II: Institutional arrangements
Part III: Financial Provisions
Part IV: Other provisions
Part 5: Provisions relating to the implementation of this Act
Title I: Adaptations to the rules of procedure of the institutions and the rules of procedure of the committees
Title II: Applicability of institutional acts
Part III: Final provisions
ANNEXES
Annex I: List of conventions and protocols to which the Republic of Croatia adheres at the time of accession (see Article 3, paragraph 4, of the act of accession)
Appendix II: List of the provisions of the Schengen acquis incorporated in the framework of the European Union and the acts based on or related to it, which are binding and applicable in the Republic of Croatia upon accession (see Article 4, paragraph 1, of the act of accession)
Annex III: List referred to in Article 15 of the act of accession: adaptation of acts adopted by institutions
1. Free service delivery
2. Intellectual property law
I. Community mark
II. Additional protection certificates
III. Community drawings or models
3. Financial services
4. Agriculture
5. Fishing
6. Taxation
7. Regional policy and coordination of structural instruments
8. Environment
Appendix IV: List referred to in Article 16 of the Agreement: Other Standing Provisions
1. Intellectual property law
2. Competition policy
3. Agriculture
4. Fishing
5. Customs Union
Appendix to Appendix IV
Appendix V: List referred to in Article 18 of the Agreement: Transitional Measures
1. Free movement of goods
2. Free movement of people
3. Free movement of capital
4. Agriculture
I. Transitional measures for Croatia
II. Transitional rate quota for raw cane sugar for refinement
III. Temporary measures in direct payments for Croatia
5. Food Safety, Veterinary and Phytosanitary Policy
I. Weighted chickens
II. Establishments (viand, milk, fish and animal by-products)
III. Seed marketing
IV. Neum
6. Fishing
7. Transport policy
8. Taxation
9. Freedom, security and justice
10. Environment
I. Horizontal legislation
II. Air quality
III. Waste management
IV. Water quality
V. Integrated pollution prevention and reduction (PRIP)
VI. Chemicals
Appendix to Appendix V
Annex VI: Rural development (see Article 35, paragraph 2, of the act of accession)
Annex VII: Specific commitments made by the Republic of Croatia during the accession negotiations (see article 36, paragraph 1, second paragraph, of the act of accession)
Annex VIII: Commitments made by the Republic of Croatia with respect to the restructuring of the shipbuilding sector (see article 36, paragraph 1, third paragraph, of the act of accession)
Annex IX: Commitments made by the Republic of Croatia with respect to the restructuring of the steel industry (see article 36, paragraph 1, third paragraph, of the act of accession)
PROTOCOLE
Protocol relating to certain provisions concerning a possible single transfer to the Republic of Croatia of assigned amount units issued under the Kyoto Protocol to the United Nations Framework Convention on Climate Change, as well as compensation thereto
FINAL ACT
I. Text of the Final Act
II. Statements
A. Joint statement by current member States
Joint statement on the full application of the Schengen acquis
B. Joint statement by various current member States
Joint statement by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Croatia
C. Joint statement by current member States and the Republic of Croatia
Joint Declaration on the European Development Fund
D. Statement by the Republic of Croatia
Statement by the Republic of Croatia on the transitional regime for the liberalization of the Croatian agricultural land market
III. Exchange of letters between the European Union and the Republic of Croatia concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period prior to accession

THE REPUBLIC OF BELGIUM, THE REPUBLIC OF BULGARIA,
AND
THE REPUBLIC OF CROATIA
RELATIF A L'ADHESION DE LA REPUBLIQUE DE CROATIE
A EUROPEAN UNION
SA MAJEST THE ROI DES BELGES,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE TECH REPUBLIC,
I've got it.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE HELLEN REPUBLIC,
I'm sorry.
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF CHYPRE,
THE PRESIDENT OF THE REPUBLIC OF LETTONIA,
THE PRESIDENT OF THE REPUBLIC OF LITUANIA,
SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
THE PRESIDENT OF MALTE,
SA MAJESTE LA REINE DES PAYS-BAS,
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
THE PRESIDENT OF THE POLAND REPUBLIC,
THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
THE PRESIDENT OF THE SECURITY COUNCIL
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVATIC REPUBLIC,
THE PRESIDENT OF THE FINLAND REPUBLIC,
THE GOVERNMENT OF THE SUEDE ROYAUME,
SA MAJESTE LA REINE DU ROYAUME-UNI DE GRANDE-BRETAGNE
AND NORTH IRELAND,
UNIS in the desire to continue the realization of the objectives of the European Union,
DECIDES to continue the process of creating, on the foundations already established, an ever-increasing union between European peoples,
CONSIDERANT que l'article 49 du Traité sur l'Union européenne offre aux Etats européennes la possibility de seront membres de l'Union,
CONSIDERANT que la République de Croatie a demandé à participer de l'Union,
CONSIDERANT que le Conseil, après avoir obtenu l'avis de la Commission et l' approbation du Parlement européen, s'est décision en favor de l'admission de la République de Croatie,
AGAINST the conditions of this admission and the adaptations to the Treaty on the European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Community of Atomic Energy, and have designated for this purpose as Plenipotentiaries:
SA MAJEST THE ROI DES BELGES,
THE PRESIDENT OF THE REPUBLIC OF BULGARIA,
THE PRESIDENT OF THE TECH REPUBLIC,
I've got it.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
THE PRESIDENT OF THE HELLEN REPUBLIC,
I'm sorry.
THE PRESIDENT OF THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE PRESIDENT OF THE ITALIAN REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF CHYPRE,
THE PRESIDENT OF THE REPUBLIC OF LETTONIA,
THE PRESIDENT OF THE REPUBLIC OF LITUANIA,
SON ALTESSE ROYALE LE GRAND-DUC DE LUXEMBOURG,
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
THE PRESIDENT OF MALTE,
SA MAJESTE LA REINE DES PAYS-BAS,
THE CHAIRMAN FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
THE PRESIDENT OF THE POLAND REPUBLIC,
THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
THE PRESIDENT OF THE SECURITY COUNCIL
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
THE PRESIDENT OF THE SLOVATIC REPUBLIC,
THE PRESIDENT OF THE FINLAND REPUBLIC,
THE GOVERNMENT OF THE SUEDE ROYAUME,
SA MAJESTE LA REINE DU ROYAUME-UNI DE GrandeBretagne
AND NORTH IRELAND,
LESQUELS, after having exchanged their full powers recognized in due form,
CONVENTS OF SUVISIONS:
ARTICLE 1
1. The Republic of Croatia becomes a member of the European Union and the European Atomic Energy Community.
2. The Republic of Croatia becomes a party to the Treaty on the European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, as amended or supplemented.
3. The conditions of admission and the modifications that this admission entails with respect to the treaties referred to in paragraph 2 are contained in the act annexed to this Treaty. The provisions of this Act are an integral part of this Treaty.
ARTICLE 2
The provisions concerning the rights and obligations of the Member States and the powers and powers of the institutions of the Union as set out in the treaties to which the Republic of Croatia becomes a party under Article 1er, paragraph 2, shall apply in respect of this Treaty.
ARTICLE 3
1. This Treaty is ratified by the High Contracting Parties in accordance with their respective constitutional rules. The instruments of ratification are deposited with the Government of the Italian Republic by 30 June 2013.
2. By ratifying this Treaty, the Republic of Croatia is also deemed to have ratified or approved any amendments to the treaties referred to in Article 1er, paragraph 2, open to the ratification or approval of the Member States under Article 48 of the Treaty on the European Union at the time of the ratification of this Treaty by the Republic of Croatia, as well as any act of the institutions, adopted at the time or before and which enter into force only after being approved by the Member States in accordance with their respective constitutional rules.
3. This Treaty comes into force on 1er July 2013 provided that all instruments of ratification have been deposited before that date.
4. By derogation from paragraph 3, the institutions of the Union may adopt before accession the measures referred to in Article 3, paragraph 7, to Article 6, paragraph 2, second paragraph, to Article 6, paragraph 3, second paragraph, to Article 6, paragraph 6, second and third paragraphs, to Article 6, paragraph 7, second paragraph, to Article 6, paragraph 8, third paragraph, to Article 17,erParagraph 3.
These measures come into force only on condition and on the date of entry into force of this Treaty.
5. Notwithstanding paragraph 3, section 36 of the act referred to in section 1er, paragraph 3, applies upon signature of this Treaty.
ARTICLE 4
This treaty, written in a single copy, in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, shall be deposited in the archives of the government of the Italian Republic, which shall be certified in each of these languages.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have affixed their signatures at the bottom of this Treaty.

ACT OF THE CONDITIONS OF ADHESION TO THE EUROPEAN MEETING OF THE CROATIA REPUBLIC AND THE ADAPTATIONS OF THE WORK ON EUROPEAN UNION, THE WORK ON THE FUNCTIONING OF EUROPEAN UNION AND THE WORKING OF THE EUROPEAN COMMUNITY OF ATOMIC ENERGY
PART I
THE PRINCIPLES
ARTICLE 1
For the purpose of this act, the following means:
- "original treaties":
(a) the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), as amended or supplemented by treaties or other acts which entered into force prior to the accession of the Republic of Croatia;
(b) the Treaty establishing the European Atomic Energy Community (hereinafter referred to as the "ECCA Treaty"), as amended or supplemented by treaties or other acts which entered into force prior to the accession of the Republic of Croatia;
- "current Member States", the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Great Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of
- "Union", the European Union based on the TEU and the TFEU and/or, as the case may be, the European Atomic Energy Community;
- "institutions", the institutions established by the TEU.
ARTICLE 2
From the date of accession, the provisions of the original treaties and the acts adopted, before accession, by the institutions bind Croatia and are applicable in that State under the conditions provided for by the said treaties and this Act.
When amendments to the original treaties were agreed by the representatives of the governments of the Member States under Article 48, paragraph 4, of the TEU, after the ratification of the Treaty of Accession by Croatia, and that these amendments did not come into force on the date of accession, Croatia ratified these amendments in accordance with its constitutional rules.
ARTICLE 3
1. Croatia adheres to the decisions and agreements adopted by the Heads of State or Government of the Member States gathered in the European Council.
2. Croatia adheres to the decisions and agreements adopted by the representatives of the Governments of the member States gathered in the Council.
3. Croatia is in the same situation as the current Member States in respect of the declarations, resolutions or other positions of the European Council or of the Council and in respect of those relating to the Union which are adopted jointly by the Member States. As a result, Croatia will adhere to the principles and directions derived from the said declarations, resolutions or other positions and take the necessary steps to ensure their implementation.
4. Croatia adheres to the conventions and protocols listed in Annex I. These conventions and protocols come into force, with regard to Croatia, on the date fixed by the Council in the decisions referred to in paragraph 5.
5. The Council, acting unanimously on the recommendation of the Commission and after consultation with the European Parliament, decides to proceed with all the adaptations required for accession to the conventions and protocols referred to in paragraph 4 and publishes the texts adapted to the Official Journal of the European Union.
6. With regard to the conventions and protocols referred to in paragraph 4, Croatia undertakes to introduce administrative and other provisions similar to those adopted at the date of accession by the current Member States or by the Council and to facilitate practical cooperation between the institutions and organizations of the Member States.
7. The Council, unanimous on the Commission's proposal, may complete Appendix I by the relevant conventions, agreements and protocols signed prior to the date of accession.
ARTICLE 4
1. The provisions of the Schengen acquis referred to in the Schengen acquis protocol integrated within the framework of the European Union (hereinafter referred to as the Schengen protocol), annexed to the TEU and the TFEU, and the acts based on or related to them, listed in Annex II, as well as any new act of that nature adopted before the date of accession, are binding.
2. The provisions of the Schengen acquis which have been incorporated in the framework of the European Union and the acts based on or related to them and which are not referred to in paragraph 1, although they are binding on Croatia from the date of accession, shall apply in Croatia only after a decision of the Council to that effect, after it has been verified, in accordance with the procedures adopted in this regard The Commission makes this decision in accordance with the applicable Schengen procedures and taking into account a report of the Commission confirming that Croatia continues to comply with the relevant commitments for the Schengen acquis it has taken during the negotiations on its accession.
The Council, after consultation with the European Parliament, unanimously decides its members representing the governments of the Member States for which the provisions referred to in this paragraph have already taken effect and the representative of the Government of the Republic of Croatia. The members of the Council representing the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland participate in the taking of this decision insofar as it relates to the provisions of the Schengen acquis and to acts based on or related to it, to which these Member States are parties.
ARTICLE 5
Croatia participates in the Economic and Monetary Union from the date of accession as a Member State subject to an exemption under Article 139 of the TFEU.
ARTICLE 6
1. Agreements entered into or provisionally implemented by the Union with one or more third countries, an international organization or a third country national, shall bind Croatia under the conditions provided for in the treaties originating in and in this Act.
2. Croatia undertakes to accede, under the conditions set out in this Act, to agreements concluded or signed by the current Member States and the Union with one or more third countries or an international organization.
Unless otherwise provided for in specific agreements referred to in the first paragraph, Croatia's accession to such agreements shall be approved by the conclusion of a protocol to these agreements between the Council, having unanimously held on behalf of the Member States, and the third country or international organization concerned. The Commission, or the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter referred to as the "High Representative") where the agreement deals exclusively or principally with common foreign policy and security, negotiates these protocols on behalf of the Member States on the basis of negotiation guidelines approved by the Council unanimously and after consultation with a committee composed of representatives of the Member States. The Commission or the High Representative, if any, shall submit the draft protocols to the Council for their conclusion.
This procedure does not affect the exercise by the Union of its own competences and does not challenge the division of competence between the Union and the Member States with respect to the conclusion of such agreements in the future or any change not related to membership.
3. As from the date of accession, and pending the entry into force of the necessary protocols referred to in paragraph 2, second paragraph, Croatia shall apply the provisions of the agreements referred to in paragraph 2, first aliena, entered into or applied provisionally before the date of accession, except with respect to the agreement between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, on the free movement of persons (1).
Pending the entry into force of the protocols referred to in paragraph 2, second paragraph, the Union and the Member States, acting jointly, as appropriate, within their respective competences, shall take all appropriate measures.
4. Croatia adheres to the partnership agreement between the members of the group of African, Caribbean and Pacific States, on the one hand, and the European Community and its member States, on the other hand, signed in Cotonou on 23 June 2000 (2), as well as the two agreements amending the agreement, signed in Luxembourg on 25 June 2005 (3) and opened for signature in Ouagadougou on 22 June 2010 (4), respectively.
5. Croatia undertakes to become a party, under the conditions set out in this Act, to the agreement on European economic space (5), in accordance with Article 128 of that Agreement.
6. As of the date of accession, Croatia applies bilateral textile agreements and arrangements between the Union and third countries.
The quantitative restrictions applied by the Union to imports of textile and clothing products are adapted to take into account Croatia's accession to the Union. To this end, amendments to the bilateral textile agreements and arrangements referred to in the first paragraph may be negotiated by the Union with the third countries concerned before the date of accession.
If amendments to bilateral textile agreements and arrangements have not entered into force on the date of accession, the Union shall make necessary adjustments to the rules it applies to the import of textile products and clothing from third countries to take into account the accession of Croatia.
7. The quantitative restrictions applied by the Union to imports of steel and steel products are adapted according to imports of steel and steel products from the supplier countries concerned made by Croatia in recent years.
To this end, the necessary modifications to the bilateral agreements and arrangements concerning the steel products between the Union and third countries are negotiated before the date of accession.
If amendments to bilateral agreements and arrangements for steel products have not entered into force on the date of accession, the provisions of the first paragraph shall apply.
8. From the date of accession, the management of agreements reached prior to that date between Croatia and third countries in the field of fisheries is provided by the Union.
The rights and obligations of Croatia arising from these agreements are not questioned during the period in which the provisions of these agreements remain provisionally applicable.
As soon as possible, and in any event before the expiry of the agreements referred to in the first paragraph, the Council, by a qualified majority on the Commission's proposal, shall, on a case-by-case basis, adopt appropriate decisions for the continuation of fishing activities that are the subject of these agreements, including the possibility of extending certain agreements for maximum periods of one year.
9. Croatia withdraws from any free trade agreement with third countries, including the Central European Free Trade Agreement as amended.
To the extent that agreements between Croatia, on the one hand, and one or more third countries, on the other hand, are not compatible with the obligations under this Act, Croatia shall take all appropriate measures to eliminate the incompatibility found. If Croatia is faced with difficulties in adapting an agreement with one or more third countries, it withdraws from that agreement.
Croatia shall take all necessary measures to ensure compliance with the obligations set out in this paragraph from the date of accession.
10. Croatia adheres to the internal agreements reached by the current Member States for the implementation of the agreements referred to in paragraphs 2 and 4.
11. Croatia shall take appropriate measures to adapt, where appropriate, its situation with respect to international organizations and international agreements to which the Union or other member States are also parties, to the rights and obligations resulting from Croatia's accession to the Union.
In particular, Croatia withdraws from international fisheries agreements and organizations to which the Union is also a party, unless its participation in these agreements or organizations concerns other areas than fishing.
Croatia shall take all necessary measures to ensure compliance with the obligations set out in this paragraph from the date of accession.
ARTICLE 7
1. The provisions of this Act may, unless otherwise provided by the Act, be suspended, amended or repealed only in accordance with the procedures provided for in the treaties originating in order to achieve a review of these treaties.
2. The acts adopted by the institutions to which the transitional provisions of this Act are relevant shall retain their legal nature; In particular, the procedures for amending these acts remain applicable.
3. The provisions of this Act, which are intended or effected to repeal or amend acts adopted by the institutions, unless these provisions have a transitional character, acquire the same legal nature as the provisions so repealed or amended and are subject to the same rules as the latter.
ARTICLE 8
The application of treaties originating from and acts adopted by institutions is subject, as a transitional measure, to the derogatory provisions provided for in this Act.
PART II
THE ADAPTATIONS OF THE WORK
PART I
INSTITUTIONAL PROVISIONS
ARTICLE 9
The Protocol on the Status of the Court of Justice of the European Union, annexed to the TEU, the TFEU and the EWC Treaty, is amended as follows:
(1) In section 9, the first paragraph is replaced by the following text:
"The partial renewal of judges, which takes place every three years, covers fourteen judges. » .
(2) Section 48 is replaced by the following text:
“Article 48
The Tribunal is composed of twenty-eight judges. » .
ARTICLE 10
The Protocol on the Regulations of the European Investment Bank, annexed to the TEU and the TFEU, is amended as follows:
(1) Article 4, paragraph 1, first paragraph:
(a) the first sentence is replaced by the following:
“1. The Bank has a capital of EUR 233,247,390,000 subscribed by the Member States to the following amounts: "
(b) The following text is inserted between the reference to Romania and the reference to Slovakia:
Croatia854 400 000.
(2) In Article 9, paragraph 2, the first, second and third paragraphs shall be replaced by the following text:
“2. The Board of Directors is composed of twenty-nine directors and nineteen alternates.
The directors are appointed for a period of five years by the Board of Governors. Each Member State shall designate one and the Commission shall designate one as well.
Alternate directors shall be appointed for a period of five years by the Board of Governors on the basis of:
- two alternates designated by the Federal Republic of Germany,
- two alternates designated by the French Republic,
- two alternates designated by the Italian Republic,
- two alternates appointed by the United Kingdom of Great Britain and Northern Ireland,
- an alternate designated by the Kingdom of Spain and the Portuguese Republic,
- an alternate designated by the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands,
- two alternates appointed jointly by the Kingdom of Denmark, the Hellenic Republic, Ireland and Romania,
- two alternates appointed jointly by the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,
- four alternates appointed jointly by the Republic of Bulgaria, the Czech Republic, the Republic of Croatia, the Republic of Cyprus, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic,
- an alternate designated by the Commission. » .
ARTICLE 11
In Article 134, paragraph 2, of the ECCA Treaty, the first paragraph concerning the composition of the scientific and technical committee is replaced by the following text:
“2. The committee is composed of forty-two members appointed by the Council after consultation with the Commission. "
PART II
OTHER ADAPTATIONS
ARTICLE 12
In article 64, paragraph 1, of the TFEU, the following sentence is added:
"With respect to restrictions under national law in Croatia, the date in question is 31 December 2002. "
ARTICLE 13
In Article 52 of the TEU, paragraph 1 is replaced by the following text:
“1. The treaties apply to the Kingdom of Belgium, to the Republic of Bulgaria, to the Czech Republic, to the Kingdom of Denmark, to the Federal Republic of Germany, to the Republic of Estonia, to Ireland, to the Hellenic Republic, to the Kingdom of Spain, to the French Republic, to the Republic of Croatia, to the Republic of Italy, to the Republic of Cyprus, to the Republic of Luxembourg, to the Republic of Lithuania, "
ARTICLE 14
1. In Article 55 of the TEU, paragraph 1 is replaced by the following text:
“1. The present treaty, written in a single copy, in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, French, Finnish, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, shall be deposited in the archives of the government of the Italian Republic which shall be certified in each of these languages as equally authentic. » .
2. In Article 225 of the ECCA Treaty, the second paragraph is replaced by the following text:
"By virtue of the treaties of accession, the present treaty is equally authentic in the English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech languages. » .
PART III
PERMANENT PROVISIONS
ARTICLE 15
The actions listed in the list in Appendix III are subject to the modifications defined in this annex.
ARTICLE 16
The measures listed in the list in Appendix IV are applied under the conditions set out in this annex.
ARTICLE 17
The Council, unanimous on the proposal of the Commission and after consultation with the European Parliament, may make adjustments to the provisions of this Act relating to the common agricultural policy that may be necessary as a result of a change in the rules of the Union.
PART IV
TEMPORARY PROVISIONS
PART I
TRANSITIONAL MEASURES
ARTICLE 18
The measures listed in the list in Appendix V apply to Croatia under the conditions set out in this annex.
PART II
INSTITUTIONAL PROVISIONS
ARTICLE 19
1. By derogation from Article 2 of the Protocol on Transitional Provisions annexed to the TEU, the TFEU and the ECCA Treaty, and by derogation from the maximum number of seats provided for in Article 14, paragraph 2, first paragraph, of the TEU, to take into account the accession of Croatia, the number of members of the European Parliament is increased by twelve Croatian members, for the period from the date of accession to the end of the European Parliament 2009-2014.
2. By derogation from Article 14, paragraph 3, of the TEU, Croatia shall, before the date of accession, proceed to the ad hoc election to the European Parliament by direct universal suffrage of its population, to the number of members set out in paragraph 1 of this Article, in accordance with the acquis of the Union. However, if the date of accession is less than six months from the next elections to the European Parliament, members of the European Parliament representing the citizens of Croatia may be nominated by the Croatian National Parliament among its members, provided that the persons in question have been elected by direct universal suffrage.
ARTICLE 20
Article 3, paragraph 3, of the Protocol on Transitional Provisions annexed to the TEU, the TFEU and the ECCA Treaty is replaced by the following text:
“3. Until 31 October 2014, the following provisions are in force, without prejudice to section 235, paragraph 1er, second paragraph, of the Treaty on the Functioning of the European Union.
For the deliberations of the European Council and the Council that require a qualified majority, the voices of the members are affected by the following weight:

The deliberations shall be taken if they have raised at least 260 votes in favour of the majority of members, when, under the treaties, they shall be taken on the proposal of the Commission. In other cases, the deliberations are acquired if they have raised at least 260 votes expressing the favourable vote of at least two thirds of the members.
A member of the European Council or the Council may request that, when an act is adopted by the European Council or by the Council by a qualified majority, it be verified that the Member States constituting this qualified majority represent at least 62% of the total population of the Union. If it turns out that this condition is not fulfilled, the act in question is not adopted. » .
ARTICLE 21
1. A Croatian national is appointed to the Commission from the date of accession and until 31 October 2014. The new member of the Commission shall be appointed by the Council, by a qualified majority and by agreement with the Chairperson of the Commission, after consultation with the European Parliament and in accordance with the criteria referred to in Article 17, paragraph 3, second paragraph, of the TEU.
2. The term of the member appointed in accordance with paragraph 1 shall expire at the same time as that of the members who are on duty at the time of the membership.
ARTICLE 22
1. The terms of reference of the judge of the Court of Justice and the judge of the Croatian Tribunal appointed at the time of the accession of Croatia pursuant to Article 19, paragraph 2, third paragraph, of the TEU, expire on 6 October 2015 and 31 August 2013.
2. For the judgment of the pending cases before the Court of Justice and the Tribunal on the date of adhesion for which the oral proceedings were opened before that date, the Court of Justice and the Tribunal in plenary or their Chambers shall sit in the composition they had before the adhesion and shall apply the procedural rules as it was in force on the day before the date of adhesion.
ARTICLE 23
1. By derogation from Article 301, first paragraph, of the TFEU which sets the maximum number of members of the Economic and Social Committee, Article 7 of the Protocol on Transitional Provisions annexed to the TEU, the TFEU and the EWC Treaty shall be replaced by the following text:
“Article 7
Until the decision under Article 301 of the Treaty on the Functioning of the European Union comes into force, the distribution of members of the Economic and Social Committee is as follows:

"
2. To take into account the accession of Croatia, the number of members of the Economic and Social Committee is temporarily increased to 353 for the period from the date of accession to the end of the term in which Croatia adheres to the Union or to the entry into force of the decision referred to in Article 301, second paragraph, of the TFEU if it intervenes first.
3. If the decision referred to in Article 301, second paragraph, of the TFEU has already been adopted at the date of accession, by derogation from Article 301, first paragraph, of the TFEU establishing the maximum number of members of the Economic and Social Committee, it is temporarily assigned to Croatia an appropriate number of members until the end of the term in which that country adheres to the Union.
ARTICLE 24
1. By derogation from Article 305, first paragraph, of the TFEU which sets the maximum number of members of the Committee of Regions, Article 8 of the Protocol on Transitional Provisions annexed to the TEU, the TFEU and the EWC Treaty is replaced by the following text:
“Article 8
Until the decision under Article 305 of the Treaty on the Functioning of the European Union comes into force, the distribution of the members of the Committee of the Regions is as follows:

"
2. To take into account the accession of Croatia, the number of members of the Committee of the Regions is temporarily increased to 353 for the period from the date of accession to the end of the term in which Croatia adheres to the Union or to the entry into force of the decision referred to in Article 305, second paragraph, of the TFEU if it intervenes first.
3. If the decision referred to in Article 305, second paragraph, of the TFEU has already been adopted at the date of accession, by derogation from Article 305, first paragraph, of the TFEU which sets the maximum number of members of the Committee of Regions, it is temporarily assigned to Croatia an appropriate number of members until the end of the term in which that country adheres to the Union.
ARTICLE 25
The term of office of the member of the Board of Directors of the European Investment Bank designated by Croatia and appointed at the time of accession as provided for in Article 9, paragraph 2, second paragraph, of the Protocol on the Statutes of the European Investment Bank expires after the annual meeting of the Board of Governors during which the annual report for the fiscal year 2017.
ARTICLE 26
1. The new members of the committees, groups, agencies or other bodies established by the original treaties or by an act of the institutions shall be appointed under the conditions and procedures for the appointment of members of such committees, groups, agencies or other bodies. The term of office of the newly appointed members shall expire at the same time as that of the members who are in office at the time of the membership.
2. The composition of the committees, groups, agencies or other bodies established by the original treaties or by an act of the institutions whose number of members is fixed independently of the number of Member States, is fully renewed upon accession, unless the term of office of the current members expires within twelve months of membership.
PART III
FINANCIAL PROVISIONS
ARTICLE 27
1. As from the date of accession, Croatia shall pay the following amount corresponding to its share of the capital paid for the capital in respect of the capital in question as defined in Article 4 of the Statute of the European Investment Bank:

This contribution is paid in eight equal tranches due on November 30, 2013, November 30, 2014, November 30, 2015, May 31, 2016, November 30, 2016, May 31, 2017, November 30, 2017 and May 31, 2018.
2. Croatia contributes, in eight equal tranches due to the dates set out in paragraph 1, to reserves and reserves equivalent to reserves, as well as to the amount still to be allocated to reserves and reserves, consisting of the balance of the profit and loss account, established at the end of the month preceding the membership, as shown in the balance sheet of the European Investment Bank, for amounts corresponding to the following percentages of reserves and provisions:

3. The capital and payments under paragraphs 1 and 2 shall be paid by Croatia in cash and in euros, except in the event of a unanimous waiver by the board of governors of the European Investment Bank.
4. The figures for Croatia referred to in paragraph 1 and Article 10 (1) may be adjusted by decision of the decision-making bodies of the European Investment Bank on the basis of the latest final GDP data published by Eurostat prior to accession.
ARTICLE 28
1. Croatia shall pay the amount indicated below to the Coal and Steel Research Fund referred to in Decision 2002/234/ECSC of 27 February 2002 by representatives of the governments of the Member States, gathered within the Council, on the financial implications of the expiry of the ECSC Treaty and the Coal and Steel Research Fund (6):
(EUR, current prices)
Croatia 494 000.
2. The contribution to the Coal and Steel Research Fund is paid four times, beginning in 2015, according to the following distribution, in each case on the first working day of the first month of each year:
- 2015: 15%,
- 2016: 20%,
- 2017: 30%,
- 2018: 35%.
ARTICLE 29
1. As of the date of accession, the procurements, the granting of subsidies and the payment of the pre-accession financial assistance under the "assistance to the transition and strengthening of institutions" and "cross-border cooperation" of the pre-accession aid instrument (IAP), created by the Council Regulation (EC) No 1085/2006 of 17 July 2006 (7), for ease of reference
By a decision of the Commission for this purpose, it will be derogated from the ex ante controls carried out by the Commission on procurements and the granting of subsidies after the Commission has ensured the proper functioning of the management and control system concerned, in accordance with the criteria and conditions set out in Article 56, paragraph 2, of the Regulation (EC, Euratom) No 1605/2002 of the Council of 25 June 2002 concerning financial regulation applicable to the general budget
If the Commission's decision to derogate from ex ante controls has not been adopted before the date of accession, any contract signed between the date of accession and the date on which the Commission's decision is adopted shall not be entitled to pre-accession financial assistance or to the transitional facility referred to in the first paragraph.
2. The budgetary commitments made prior to the date of accession under the pre-accession financial assistance and transitional ease referred to in paragraph 1, including the conclusion and registration of the various legal commitments subsequently entered into and the payments made after the accession, continue to be governed by the rules applicable to the pre-accession financial instruments and to be charged on the relevant budget sections until the closure of the programmes and projects concerned.
3. Provisions relating to the implementation of budgetary commitments under the funding agreements relating to pre-accession financial assistance referred to in paragraph 1, first paragraph, and on the "rural development" component of the IAPA in respect of pre-accession funding decisions continue to apply after the date of accession. They are governed by the rules applicable to pre-accession financial instruments. Notwithstanding the foregoing, in the case of public procurement, the procedures initiated after accession comply with the relevant EU directives.
4. Pre-accession funds provided to cover the administrative expenses referred to in Article 44 may be incurred in the first two years of membership. For audit and evaluation fees, pre-accession funds may be incurred in the first five years of membership.
ARTICLE 30
1. For the first year following the accession, the Union provides Croatia with temporary financial assistance (hereinafter referred to as the "transitional facility") to develop and strengthen its administrative and judicial capacity to implement and enforce EU law and to promote the exchange of good practices among peers. This assistance funds projects to strengthen institutions and small investments that are complementary to them.
2. Aid responds to the ongoing need to strengthen institutional capacity in certain areas through actions that cannot be financed by structural funds or by rural development funds.
3. With respect to twinning projects between public administrations for institution-building, the appeal procedure through the network of contact points in member states continues to apply.
4. The commitment credits for the transitional facility for Croatia are, at current prices, a total of 29 million euros in 2013 to address national and horizontal priorities.
5. Assistance as part of the transitional facility is granted and implemented in accordance with Council Regulation (EC) No. 1085/2006 or on the basis of other technical provisions necessary for the operation of the transitional facility, to be adopted by the Commission.
6. Particular attention is paid to ensure adequate complementarity with the support envisaged under the European Social Fund for administrative reform and institutional capacity development.
ARTICLE 31
1. A Schengen facility (hereinafter referred to as "Temporary Schengen Facility") is created as a temporary instrument to assist Croatia between the date of accession and the end of 2014 to finance actions at the new external borders of the Union for the application of the Schengen acquis and external border controls.
2. For the period between 1er July 2013 and December 31, 2014, the following amounts (current prices) are made available to Croatia in the form of lump-sum payments from the temporary Schengen facility:
(million euros, current prices)

3. The annual amounts for 2013 and 2014 are payable by Croatia respectively on 1er July 2013 and the first working day after 1er January 2014.
4. The lump-sum payments are used within three years from the date of the first disbursement. At the latest six months after the expiration of this three-year period, Croatia submits a full report on the final use of temporary Schengen Facility payments, along with a supporting documentation of expenditures. Any unused or unjustifiable amount is recovered by the Commission.
5. The Commission may adopt the technical provisions deemed necessary for the operation of the temporary Schengen facility.
ARTICLE 32
1. A treasury facility (hereinafter referred to as "Temporary Cash Facility") is created as a temporary instrument to assist Croatia between the date of accession and the end of 2014 to improve the cash flow of the national budget.
2. For the period between 1er July 2013 and December 31, 2014, the following amounts (current prices) are made available to Croatia in the form of lump-sum payments from the temporary cash facility:
(million euros, current prices)

3. Each annual amount is divided into equal monthly payments, payable on the first working day of each month.
ARTICLE 33
1. An amount of €449.4 million (current prices) in commitment credits is reserved for Croatia as part of the structural funds and the Cohesion Fund in 2013.
2. A third of the amount referred to in paragraph 1 is reserved for the Cohesion Fund.
3. With respect to the period covered by the next financial framework, the amounts to be made available to Croatia in Structural Funds and Cohesion Funds are calculated on the basis of the Union's acquis which will then be applicable. These amounts are adapted according to the following progressive introduction schedule:
- 70% in 2014,
- 90% in 2015,
- 100% starting in 2016.
4. To the extent permitted by the new acquis of the Union, an adjustment was made to ensure an increase in funding for Croatia by 2,33 and 3 times the 2013 amount for 2014 and 2015.
ARTICLE 34
1. The total amount to be made available to Croatia under the European Fisheries Fund in 2013 is 8.7 million euros (current prices) in commitment credits.
2. Pre-financing under the European Fisheries Fund is equal to 25 per cent of the total amount referred to in paragraph 1 and is paid in one time.
3. For the period covered by the next financial framework, the amounts to be made available to Croatia in commitment credits are calculated on the basis of the acquis of the Union which will then be applicable. These amounts are adapted according to the following progressive introduction schedule:
- 70% in 2014,
- 90% in 2015,
- 100% starting in 2016.
4. To the extent permitted by the new acquis of the Union, an adjustment was made to ensure an increase in funding for Croatia by 2,33 and 3 times the 2013 amount for 2014 and 2015.
ARTICLE 35
1. Council Regulation (EC) No. 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (Feader) (10) does not apply to Croatia throughout the 2007-2013 programming period.
In 2013, Croatia was awarded 27.7 million euros (current prices) under the "rural development" component referred to in Article 12 of Council Regulation (EC) No. 1085/2006.
2. Additional temporary rural development measures for Croatia are set out in Appendix VI.
3. The Commission may, through enforcement actions, adopt the rules necessary for the application of Appendix VI. The said acts of execution shall be adopted in accordance with the procedure referred to in Article 90, paragraph 2, of the Council Regulation (EC) No. 1698/2005, in conjunction with Article 13, paragraph 1, point (b), of Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 establishing the general rules and principles relating to the modalities of control by the Member States of the exercise of the powers of enforcement by the Commission (11), or
4. The Council, acting on the Commission's proposal and after consultation with the European Parliament, proceeds with the adaptations of Annex VI that would be necessary to ensure consistency with the regulation on rural development.
PART IV
OTHER PROVISIONS
ARTICLE 36
1. The Commission follows closely all the commitments made by Croatia during the accession negotiations, including those that must be met before or on the date of accession. The follow-up provided by the Commission includes the following elements: regularly updated monitoring tables, the dialogue within the framework of the stabilization and association agreement between the European Communities and their Member States, on the one hand, and the Republic of Croatia, on the other hand (12) (hereinafter referred to as "ASA"), peer assessment missions, the economic pre-accession programme, the budgetary notifications and, where appropriate, the warning of letters In the fall of 2011, the Commission presented a report on the progress made in the European Parliament and the Council. In the fall of 2012, it presented a comprehensive follow-up report to the European Parliament and the Council. Throughout the follow-up process, the Commission also relies on the contributions of member States and takes into account the contributions of international organizations and civil society, as appropriate.
In particular, the Commission's follow-up concerns Croatia's commitments in the field of judicial power and fundamental rights (annex VII), including whether it continues to record good results in judicial reform and the effectiveness of the judicial system, impartial treatment of war crimes and anti-corruption cases.
The Commission's follow-up also focuses on the area of freedom, security and justice, including the implementation and application of the Union's requirements for the management of external borders, police cooperation, the fight against organized crime and judicial cooperation in civil and criminal matters, as well as on commitments in the field of competition policy, including in the case of a naval sector restructuring, if
As an integral part of its periodic follow-up tables and reports, the Commission conducts, up to Croatia's accession, semi-annual assessments of Croatia's commitments in these areas.
2. The Council, by a qualified majority on the Commission ' s proposal, may take all appropriate measures if concerns are highlighted during the follow-up process. These measures are maintained only during the strictly necessary period and, in any case, are lifted by the Council, in accordance with the same procedure, where the concerns identified have been effectively resolved.
ARTICLE 37
1. Until the end of a period of up to three years after accession, in the event of serious difficulties and likely to persist in an area of economic activity or difficulties that could result in the serious deterioration of the economic situation in a given region, Croatia may request to be allowed to adopt safeguards to rebalance the situation and to adapt the sector concerned to the economy of the domestic market.
Under the same conditions, a current Member State may apply to be authorized to adopt safeguards in respect of Croatia.
2. At the request of the Member State concerned, the Commission shall, by an emergency procedure, establish the necessary safeguard measures, specifying the conditions and conditions applicable to them.
In the event of serious economic difficulties and on the express request of the Member State concerned, the Commission shall decide within five working days from the receipt of the application, together with the relevant elements of appreciation. The measures so decided are immediately applicable, taking into account the interests of all parties concerned and do not entail border controls.
3. The measures authorized under this Article may include exemptions from the rules of the TEU, the TFEU and this Act, to the extent and for the strictly necessary time to achieve the purposes of this safeguard clause. Priority is given to measures that cause the least disruption to the functioning of the domestic market.
ARTICLE 38
If Croatia does not comply with the commitments it has made in the framework of the accession negotiations, including the commitments to all sectoral policies that concern economic activities with a cross-border dimension, and if it causes a serious malfunction of the domestic market or poses a threat to the financial interests of the Union or is likely to result in such a malfunction or maximum threat,
These measures are proportionate and the priority is given to those that at least disrupt the functioning of the domestic market and, where appropriate, to the application of the existing sectoral safeguard mechanisms. Protection measures under this article cannot be used as a means of arbitrary discrimination or disguised restriction of trade between member States. The safeguard clause may be invoked even before accession on the basis of the findings established in the follow-up and the measures adopted come into force on the date of accession unless a later date is provided. The measures are maintained for the strictly necessary period and, in any case, are lifted when the corresponding commitment has been respected. They may, however, be applied beyond the period referred to in the first paragraph until such commitments have been met. The Commission may adapt the measures adopted to the extent to which Croatia complies with its commitments. The Commission shall inform the Council in due course before repealing the safeguards and shall take due account of any comments made by the Commission in this regard.
ARTICLE 39
If serious breaches or imminent risk of serious breaches are found in Croatia with regard to the transfer or status of implementation of the acts adopted by the institutions in accordance with Part III, Title V, of the TFEU, as well as the acts adopted by the institutions before the entry into force of the Lisbon Treaty in accordance with Part VI of the TEU or in accordance with Part III, Title IV, of the maximum treaty establishing the European Community
These measures may take the form of a temporary suspension of the application of the provisions and decisions concerned in the relations between Croatia and one or more other Member States, without questioning the continuation of close judicial cooperation. The safeguard clause may be invoked even before accession on the basis of the findings established in the follow-up and the measures adopted come into force on the date of accession unless a later date is provided. The measures are maintained for the strictly necessary period and, in any case, are lifted when the failure is corrected. However, they may be applied beyond the period referred to in the first paragraph until such breaches persist. The Commission may, after consultation with the Member States, adapt the measures taken to the extent to which Croatia corrects the breaches. The Commission shall inform the Council in due course before repealing the safeguards and shall take due account of any comments made by the Commission in this regard.
ARTICLE 40
In order not to disrupt the functioning of the domestic market, the implementation of the national rules of Croatia during the transitional periods referred to in Annex V cannot result in border controls between Member States.
ARTICLE 41
If transitional measures are necessary to facilitate the transition of the regime in force in Croatia to the regime resulting from the application of the common agricultural policy under the conditions specified in this Act, they are adopted by the Commission in accordance with the procedure referred to in Article 195, paragraph 2, of Regulation (EC) No 123/2007 of the Council of 22 October 2007 concerning the joint organization of markets in the agricultural sector and specific provisions with regard to certain products of that sector (the regulation of the EU only They may be adopted for a period of three years from the date of membership and shall not apply beyond that period. The Council, acting unanimously on the Commission's proposal and after consultation with the European Parliament, may extend this period.
The transitional measures referred to in the first paragraph may also be adopted before the date of accession, if necessary. These measures are adopted by the Council, ruling by a qualified majority on the Commission's proposal, or, where these measures relate to instruments initially adopted by the Commission, they are adopted by the latter institution in accordance with the procedures required for the adoption of these instruments.
ARTICLE 42
Where transitional measures are necessary to facilitate the transition of the regime in force in Croatia to the regime resulting from the implementation of veterinary rules, phytosanitary rules and EU food safety rules, these measures are adopted by the Commission in accordance with the procedure provided for in applicable legislation. These measures are adopted for a period of three years from the date of accession and do not apply beyond that period.
ARTICLE 43
The Council, by a qualified majority on the Commission ' s proposal, defines the conditions under which:
(a) the requirement for a summary release declaration may be waived for the products referred to in Article 28, paragraph 2, of the TFEU leaving the territory of Croatia to cross the territory of Bosnia and Herzegovina to Neum ("neum corridor");
(b) the requirement for a summary declaration of entry may be waived for products within the scope of point (a), when they return to the territory of Croatia after crossing that of Bosnia and Herzegovina in Neum.
ARTICLE 44
The Commission may decide on all appropriate measures to ensure that the required statutory personnel remain in place in Croatia for a maximum period of eighteen months after the membership. During this period, civil servants, temporary agents and contractual agents who were assigned to positions in Croatia before the accession and who are required to remain in service after the date of the accession shall enjoy the same financial and material conditions as those applied before the accession, in accordance with the status of the officials of the European Communities and the regime applicable to the other agents of those Communities that are listed in the Regulation (EEC, Euratom, ECSC) no. Administrative expenses, including the salaries of other personnel required, are covered by the European Union's general budget.
PART
PROVISIONS RELATING TO THE IMPLEMENTATION OF
PART I
ADAPTATIONS OF INTERITOR REGULATIONS OF INSTITUTIONS AND INTERNATIONAL STATUS AND REGULATIONS OF COMMITTEES
ARTICLE 45
Institutions shall bring to their rules of procedure the necessary adaptations by accession, in accordance with the respective procedures provided for in the original treaties.
The adaptations of the statutes and rules of procedure of the committees established by the treaties originating, made necessary by the accession, are made as soon as possible after the accession.
PART II
APPLICABILITY OF ACTS OF INSTITUTIONS
ARTICLE 46
Upon accession, Croatia is considered to be the recipient, in accordance with the original treaties, of directives and decisions, within the meaning of Article 288 of the TFEU. With the exception of the directives and decisions that have come into force under section 297, paragraph 1, third paragraph, and section 297, paragraph 2, second paragraph, of the TFEU, Croatia is deemed to have received notification of these directives and decisions upon accession.
ARTICLE 47
1. Croatia shall take into force the measures necessary to comply with the provisions of the directives and decisions within the meaning of Article 288 of the TFEU, unless another time limit is provided for in this Act. Croatia shall communicate these measures to the Commission by the date of accession or, if any, within the time limit provided for in this Act.
2. To the extent that the amendments to the directives within the meaning of Article 288 of the TFEU made by this Act require the amendment of the laws, regulations or administrative provisions of the current Member States, these Member States shall take into force the necessary measures to comply, as of the date of accession of Croatia, with the amended directives, unless otherwise provided for in this Act. They shall communicate these measures to the Commission by the date of accession or, if any, within the time limit provided for in this Act.
ARTICLE 48
The legislative, regulatory and administrative provisions intended to ensure, in the territory of Croatia, the health protection of workers and populations from the hazards resulting from ionizing radiation are, in accordance with Article 33 of the ECCA Treaty, communicated by Croatia to the Commission within three months of accession.
ARTICLE 49
Upon duly reasoned request from Croatia, submitted to the Commission no later than the date of accession, the Council, acting on the proposal of the Commission, or the Commission, if it itself adopted the original act, may take measures with temporary exemptions from the acts of the institutions adopted between 1er July 2011 and the date of accession. These measures are adopted in accordance with the voting rules applicable to the adoption of the act for which a temporary exemption is requested. When these exemptions are stopped after membership, they may be applied from the date of accession.
ARTICLE 50
Where acts of institutions adopted prior to accession must be adapted as a result of accession and the necessary modifications have not been provided for in this Act or its annexes, the Council, by a qualified majority on the proposal of the Commission, or the Commission, if it itself adopted the original act, shall adopt for that purpose the necessary acts. When these acts are adopted after membership, they may be applied from the date of accession.
ARTICLE 51
Unless otherwise provided for in this Act, the Council shall, by a qualified majority on the proposal of the Commission, adopt the necessary measures to implement the provisions of this Act.
ARTICLE 52
The texts of the acts of institutions adopted prior to accession and which were established by these institutions in the Croatian language shall, upon accession, be held in the same conditions as the texts established in the current official languages. They are published in the Official Journal of the European Union in cases where the texts in the current official languages have been the subject of such a publication.
PART III
FINAL PROVISIONS
ARTICLE 53
Annexes I to IX, their appendices and the protocol are an integral part of this act.
ARTICLE 54
The Government of the Italian Republic shall give to the Government of the Republic of Croatia a certified copy of the Treaty on the European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, and the Treaties that have amended or supplemented them, including the Treaty on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland,
The texts of the treaties referred to in the first paragraph, established in the Croatian language, are annexed to this Act. These texts are authentic in the same conditions as the texts of these treaties, established in the current official languages.
ARTICLE 55
A certified copy of the international agreements deposited in the archives of the General Secretariat of the Council shall be delivered to the Government of the Republic of Croatia by the Secretary-General.
Done in Brussels, 9 December 2011.

Annex Ire
List of conventions and protocols to which the Republic of Croatia adheres at the time of accession (see article 3, paragraph 4, of the act of accession)
1. Convention of 23 July 1990 on the Elimination of Double Taxation in the event of a correction of the profits of associated companies (OJ L 225 of 20.8.1990, p. 10)
- Convention of 21 December 1995 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Elimination of Double Taxation in the event of a correction of the profits of associated companies (OJ C 26 of 31.1.1996, p. 1)
- Protocol of 25 May 1999 amending the Convention of 23 July 1990 on the Elimination of Double Taxation in the event of a correction of the profits of associated companies (OJ C 202 of 16.7.1999, p. 1)
- Convention of 8 December 2004 on 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 Convention on the Elimination of Double Taxation in the event of a correction of the profits of associated companies (OJ C 160, 2005)
2. Convention of 26 July 1995 on the basis of Article K.3 of the Treaty on the European Union on the Protection of the Financial Interests of the European Communities (OJC 316 of 27.11.1995, p. 49)
- Protocol of 27 September 1996 on the basis of Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities (OJC 313 of 23.10.1996, p. 2)
- Protocol of 29 November 1996 established on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities (OJ C 151 of 20.5.1997, p. 2)
- Second protocol of 19 June 1997 established on the basis of Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities (OJC 221 of 19.7.1997, p. 12)
3. Convention of 26 May 1997 established on the basis of Article K.3, paragraph 2 (c), of the Treaty on the European Union concerning the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union (OJ C 195 of 25.6.1997, p. 2)
4. Convention of 18 December 1997 established on the basis of Article K.3 of the Treaty on the European Union on Mutual Assistance and Cooperation among Customs Authorities (OJC 24 of 23.1.1998, p. 2)
5. Convention of 17 June 1998 established on the basis of Article K.3 of the Treaty on the European Union, on decisions deferred from the right to conduct (OJ C 216 of 10.7.1998, p. 2)
6. Convention of 29 May 2000 established by the Council in accordance with Article 34 of the Treaty on the European Union on mutual legal assistance in criminal matters between the Member States of the European Union (OJ C 197 of 12.7.2000, p. 3)
- Protocol of 16 October 2001 to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, established by the Council in accordance with Article 34 of the Treaty on the European Union
(OJ C 326 of 21.11.2001, p. 2).

ANNEX II
List of the provisions of the Schengen acquis incorporated in the framework of the European Union and the acts based on or related to it, which are binding and applicable in the Republic of Croatia upon accession (see Article 4, paragraph 1, of the act of accession)
1. The agreement between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual removal of the joint border controls, signed at Schengen on 14 June 1985 (16).
2. The following provisions of the Schengen Agreement Implementation Agreement of 14 June 1985 relating to the phasing out of joint border controls, signed on 19 June 1990, the final act of the Schengen Agreement and the declarations relating thereto (17), as amended by some of the acts listed in paragraph 8 of this annex:
Article 1erto the extent that it relates to the provisions of this paragraph; Article 26; Article 39; Articles 44 to 49 (except Article 47, paragraph 4, and Article 49, item (a)); Article 51; articles 54 to 58; Article 62, paragraph 3; articles 67 to 69; articles 71 and 72; articles 75 and 76; section 82; section 91; Articles 126 to 130, to the extent that they relate to the provisions of this paragraph; and section 136; common statements 1 and 3 of the final act.
3. The following provisions of the Agreements to accede to the Schengen Agreement of 14 June 1985 concerning the phasing out of the Common Border Controls, signed on 19 June 1990, their final acts and the relevant declarations, as amended by some of the acts listed in paragraph 8 of this annex:
(a) the accession agreement of the Kingdom of Denmark signed on 19 December 1996:
- Article 5, paragraph 2, and Article 6;
(b) the accession agreement of the Republic of Finland signed on 19 December 1996:
- Article 5;
- the declaration of the Government of the Republic of Finland of the third part of the final act on the Aland Islands;
(c) the accession agreement of the Kingdom of Sweden signed on 19 December 1996:
- Article 5.
4. The following agreements and arrangements that are based on or related to Schengen's acquis:
- the agreement of 18 May 1999 reached by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway on the association of these two States to the implementation, application and development of the Schengen acquis, including its annexes, its final act, the declarations and the exchange of letters annexed thereto, approved by Council decision 1999/439/EC (JO L 176 of 10.7);
- the agreement of 30 June 1999 reached by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other hand, in the areas of the Schengen acquis, which apply to those States
- the agreement between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis, signed on 26 October 2004 and approved by Council decision 2008/146/EC and Council decision 2008/149/JAI (OJ L 53 of 27.2.2008, p.1 and p. 50);
- the protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation to the implementation, application and development of the Schengen acquis, signed on 28 February 2008 and approved by decision 2011/349/EU 2011
- the arrangement between the European Community, the Republic of Iceland and the Kingdom of Norway on the modalities of the participation of these States in the activities of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, as well as the joint declaration annexed thereto, signed on 1er February 2007 and approved by Council decision 2007/511/EC (OJ L 188 of 20.7.2007, p. 15);
- the arrangement between the European Community, on the one hand, and the Swiss Confederation and the Principality of Liechtenstein, on the other hand, on the modalities of the participation of these States in the activities of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, as well as the annex and the joint declarations annexed thereto, signed on 30 September 2009 and approved by Council decision 2010/4O/EU (J
- the agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary provisions relating to the External Border Fund for the period 2007-2013, as well as the annexed declarations, signed on 19 March 2010 and approved by Council decision 2011/305/EU (OJ L 137 of 25.5.2011, p. 1) (18).
5. The provisions of the following decisions (see OJ L 239 of 22.9.2000, p. 1) of the Executive Committee established by the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of common border controls, signed on 19 June 1990, as amended by some of the acts listed in paragraph 8 of this annex:
- SCH/Com-ex (93) 10 Decision of the Executive Committee of 14 December 1993 concerning the declarations of ministers and state secretaries
- SCH/Com-ex (93) 14 Decision of the Executive Committee of 14 December 1993 concerning the improvement in the practice of judicial cooperation in combating drug trafficking
- SCH/Com-ex (94) 16 rev. Decision of the Executive Committee of 21 November 1994 concerning the acquisition of joint entry and exit stamps
- SCH/Com-ex (94) 28 rev. Decision of the Executive Committee of 22 December 1994 concerning the certificate provided for in section 75 for the transport of narcotic drugs and psychotropic substances
- SCH/Com-ex (94) 29 rev. 2 Decision of the Executive Committee of 22 December 1994 on the implementation of the Schengen Agreement Implementation Convention of 19 June 1990
- SCH/Com-ex (95) 21 Decision of the Executive Committee of 20 December 1995 concerning the rapid exchange between the Schengen States of statistical and concrete data on possible external dysfunctions
- SCH/Com-ex (98) 1 rev. 2 Decision of the Executive Committee of 21 April 1998 concerning the activity report of the task force, as it relates to the provisions of paragraph 2 of this annex
- SCH/ Com-ex (98) 26 def. Decision of the Executive Committee of 16 September 1998 on the establishment of a standing commission for the evaluation and implementation of Schengen
- SCH/Com-ex (98) 37 def. 2 Executive Committee Decision of 27 October 1998 on the adoption of measures to combat illegal immigration, as it relates to the provisions of paragraph 2 of this annex
- SCH/Com-ex (98) 52 Decision of the Executive Committee of 16 December 1998 concerning the memento of cross-border police cooperation, as it relates to the provisions of paragraph 2 of this annex
- SCH/Com-ex (98) 59 rev. Decision of the Executive Committee of 16 December 1998 on a coordinated response by document advisers
- SCH/Com-ex (99) 1 rev. 2 Executive Committee Decision of 28 April 1999 on Schengen Narcotics Standards
- SCH/Com-ex (99) 6 Executive Committee Decision of 28 April 1999 on Schengen telecommunications acquis
- SCH/Com-ex (99) 7 Rev. 2 Executive Committee decision of 28 April 1999 concerning liaison officers
- SCH/Com-ex (99) 8 rev. 2 Executive Committee decision of 28 April 1999 on general principles of compensation for informants and indicators
- SCH/Com-ex (99) 10 Executive Committee Decision of 28 April 1999 on illicit arms trafficking
6. The following statements (see OJ L 239 of 22.9.2000, p. 1) of the Executive Committee established by the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of common border controls, signed on 19 June 1990, to the extent that they relate to the provisions of paragraph 2 of this annex:
- SCH/Com-ex (96) Decl. 6 rev. 2 Statement by the Executive Committee of 26 June 1996 on extradition
- SCH/Com-ex (97) Decl. 13 rev. 2 Statement by the Executive Committee of 9 February 1998 on the abduction of minors.
7. The following decisions (see OJ L 239 of 22.9.2000, p. 1) of the central group established by the Schengen Agreement Implementation Agreement of 14 June 1985 on the phasing out of common border controls, signed on 19 June 1990, to the extent that they relate to the provisions of paragraph 2 of this annex:
- SCH/C (98) 117 Central Group Decision of 27 October 1998 on the adoption of measures to combat illegal immigration
- SCH/C (99) 25 Central Group Decision of 22 March 1999 on general principles of compensation for informants and indicators.
8. The following acts that are based on or related to Schengen's acquis:
- Council Regulation (EC) No. 1683/95 of 29 May 1995 establishing a visa type model (OJ L 164 of 14.7.1995, p. 1)
Decision 1999/307/EC of the Council of 1er May 1999 establishing the modalities for the integration of the Schengen Secretariat into the General Secretariat of the Council (OJ L 119 of 7.5.1999, p. 49)
- Council Decision 1999/435/EC of 20 May 1999 on the definition of the Schengen acquis with a view to determining, in accordance with the relevant provisions of the Treaty establishing the European Community and the Treaty on the European Union, the legal basis for each of the provisions or decisions that constitute the acquis (OJ L 176 of 10.7.1999, p. 1)
- Council Decision 1999/436/EC of 20 May 1999 determining, in accordance with the relevant provisions of the Treaty establishing the European Community and the Treaty on the European Union, the legal basis for each of the provisions or decisions constituting the Schengen acquis (OJ L 176 of 10.7.1999, p. 17)
- Decision 1999/437/EC of the Council of 17 May 1999 on certain modalities for the implementation of the agreement between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the association of these States to the implementation, application and development of the Schengen acquis (OJ L 176 of 10.7.1999, p. 31)
- Council Decision 1999/848/EC of 13 December 1999 on the full implementation of the Schengen acquis in Greece (OJ L 327 of 21.12.1999, p. 58)
- Council Decision 2000/365/EC of 29 May 2000 on the request of the United Kingdom of Great Britain and Northern Ireland to participate in certain provisions of the Schengen acquis (OJ L 131 of 1.6.2000, p. 43)
- Decision 2000/586/JAI of the Council of 28 September 2000 establishing a procedure for amending Article 40, paragraphs 4 and 5, Article 41, paragraph 7, and Article 65, paragraph 2, of the Schengen Agreement Implementation Agreement of 14 June 1985 on the gradual suppression of common external border controls (OJ L 248 of 3.10.2000, p. 1)
Decision 2000/777/EC of the Council of 1er December 2000 on the implementation of the Schengen acquis in Denmark, Finland and Sweden, as well as in Iceland and Norway (OJ L 309 of 9.12.2000, p. 24)
- Council Regulation (EC) No 539/2001 of 15 March 2001 establishing the list of third countries whose nationals are subject to the visa requirement to cross the external borders of the Member States and the list of those whose nationals are exempted from this obligation (OJ L 81 of 21.3.2001, p. 1)
- Council Directive 2001/51/EC of 28 June 2001 to supplement the provisions of Article 26 of the Schengen Agreement Implementation Convention of 14 June 1985 (OJ L 187 of 10.7.2001, p. 45)
- Council Regulation (EC) No 333/2002 of 18 February 2002 establishing a uniform model of a leaflet for the application of a visa issued by the Member States to the holders of a travel document not recognized by the Member State that establishes the leaflet (OJ L 53 of 23.2.2002, p. 4)
- Council Decision 2002/192/EC of 28 February 2002 on Ireland's request to participate in certain provisions of the Schengen acquis (OJ L 64 of 7.3.2002, p. 20)
- Council Regulation (EC) No. 1030/2002 of 13 June 2002 establishing a uniform residence permit model for third country nationals (OJ L 157 of 15.6.2002, p. 1)
- Council Framework Decision 2002/946/JAI of 28 November 2002 to strengthen the criminal framework for the repression of assistance to irregular entry, transit and stay (OJ L 328 of 5.12.2002, p. 1)
- Council Directive 2002/90/EC of 28 November 2002 defining assistance for irregular entry, transit and stay (OJ L 328 of 5.12.2002, p. 17)
- Council Decision 2003/170/JAI of 27 February 2003 on the common use of liaison officers detached by the repressive authorities of the Member States (OJ L 67 of 12.3.2003, p. 27)
- Council Decision 2003/725/JAI of 2 October 2003 amending the provisions of Article 40, paragraphs 1 and 7, of the Schengen Agreement Implementation Convention of 14 June 1985 on the phasing out of common border controls (OJ L 260 of 11.10.2003, p. 37)
- Council Directive 2003/110/EC of 25 November 2003 on transit assistance in the context of aerial distance measures (OJ L 321 of 6.12.2003, p. 26)
- Commission Regulation (EC) No 377/2004 of 19 February 2004 on the creation of a network of "Immigration" liaison officers (OJ L 64 of 2.3.2004, p. 1)
- Commission Directive 2004/82/EC of 29 April 2004 on the requirement for carriers to disclose passenger data (OJ L 261 of 6.8.2004, p. 24)
- Decision 2004/573/EC of the Council of 29 April 2004 on the organization of joint flights for the removal, from the territory of two or more Member States, of nationals of third countries subject to deportation measures in the territory of two or more Member States (OJ L 261 of 6.8.2004, p. 28)
- Council Decision 2004/512/EC of 8 June 2004 establishing the visa information system (VIS) (OJ L 213 of 15.6.2004, p. 5 and OJ L 142M of 30.5.2006, p. 60)
- Council Regulation (EC) No. 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349 of 25.11.2004, p. 1 and OJ L 153M of 7.6.2006, p. 136)
- Council Regulation (EC) No. 2252/2004 of 13 December 2004 establishing standards for safety elements and biometric elements integrated in passports and travel documents issued by Member States (OJ L 385 of 29.12.2004, pp. 1 and OJ L 153M of 7.6.2006, p. 375).
- Council Decision 2004/926/EC of 22 December 2004 on the implementation of certain parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (OJ L 395 of 31.12.2004, p. 70)
- Council Decision 2005/267/EC of 16 March 2005 establishing a secure network of information and coordination connected to the Internet for the services of Member States responsible for the management of migratory flows (OJ L 83 of 1.4.2005, p. 48 and OJ L 159M of 13.6.2006, p. 288)
- Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a community code on the border crossing regime by persons (Schengen border code) (OJ L 105 of 13.4.2006, p. 1), except the first sentence of Article 1er, as well as Article 5, paragraph 4, item (a), its title III, and the provisions of its title II and its annexes referring to the Schengen (SIS) information system
- Council Framework Decision 2006/960/JAI of 18 December 2006 on the simplification of the exchange of information and information between the repressive services of the Member States of the European Union (OJ L 386 of 29.12.2006, p. 89)
- Regulation (EC) No. 1931/2006 of the European Parliament and of the Council of 20 December 2006 establishing rules relating to small-scale border traffic on the outer land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405 of 30.12.2006, p. 1), with the exception of Article 4, point (b), and Article 9, point (c)
- Decision 2007/471/EC of the Council of 12 June 2007 on the application to the Czech Republic, the Republic of Estonia, 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 of the provisions of the Schengen acquis relating to the Schengen information system (OJ L 179 of 7.7).
- Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the establishment of rapid border response teams and amending Council Regulation (EC) No 2007/2004 with respect to this mechanism and defining the tasks and competencies of invited agents (OJ L 199 of 31.7.2007, p. 30), with the exception of the provisions of Article 6, paragraphs 8 and 9, which relate to
- Decision 2007/801/EC of the Council of 6 December 2007 on the full application of the provisions of the Schengen acquis to the Czech Republic, the Republic of Estonia, 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 (OJ L 323 of 8.12.2007, p.
- Council Decision 2008/421/EC of 5 June 2008 on the application to the Swiss Confederation of the Schengen acquis provisions relating to the Schengen information system (OJ L 149 of 7.6.2008, p. 74)
- Article 6 of Council Decision 2008/633/JAI of 23 June 2008 concerning access to the visa information system (VIS) by the designated authorities of the Member States and the European Police Office (Europol) for the prevention and detection of terrorist offences and other serious criminal offences, as well as for the investigation of the matter (OJ L 218 of 13.8.2008, p. 129
- Council Decision 2008/903/EC of 27 November 2008 on the application of all provisions of the Schengen acquis in the Swiss Confederation (OJ L 327 of 5.12.2008, p. 15)
- Council Framework Decision 2008/977/JAI of 27 November 2008 on the protection of personal data processed in the context of police and judicial cooperation in criminal matters (OJ L 350 of 30.12.2008, p. 60)
- Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures applicable in Member States for the return of third country nationals on irregular stay (OJ L 348 of 24.12.2008, p. 98)
- Article 3 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Visa Code (Visa Code) (OJ L 243 of 15.9.2009, p. 1)
- Council Decision 2010/252/EU of 26 April 2010 to supplement the Schengen Border Code with regard to the monitoring of maritime external borders within the framework of the operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 111 of 4.5.2010, p. 20)
- Council Decision 2010/365/EU of 29 June 2010 on the application to the Republic of Bulgaria and Romania of the provisions of the Schengen acquis relating to the Schengen information system (OJ L 166 of 1.7.2010, p. 17).

ANNEX III
List referred to in Article 15 of the Agreement:
adaptation of acts adopted by institutions
1. PRESTATION OF SERVICES
32005 L 0036: Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications (OJ L 255 of 30.9.2005, p. 22):
(a) In section 23, paragraph 5 is replaced by the following text:
« 5. Without prejudice to Article 43 ter, each Member State recognizes the medical training titles, giving access to the professional activities of a doctor with basic training and specialist doctor and the training titles of nurse responsible for general care, dental practitioner, specialist dental art practitioner, veterinarian, midwife, pharmacist and architect detained by the nationals of the Member States and who have been issued
(a) for Slovenia, before 25 June 1991, and
(b) for Croatia before 8 October 1991,
where the authorities of the aforementioned Member States attest that these titles have, in their territory, the same legal validity as the titles they issue and, for the architects, that the titles referred to for these Member States in Appendix VI, point 6, with regard to access to the professional activities of the doctor with basic training, doctor specialist, nurse responsible for general care, practitioner of the dental art
This certificate must be accompanied by a certificate issued by the same authorities stating that these persons have effectively and legally exercised the activities involved in their territory for at least three consecutive years in the five years preceding the date of issue of the certificate. » .
(b) The following article is inserted:
“Article 43ter
The acquired midwives rights do not apply to the following titles obtained in Croatia before 1er July 2013; by medicinska sestra ginekoloko-opstetrièkog smjera ( Senior nurse in gynaecology-obstetric), medicinska sestra ginekoloko-opstetrièkog smjera ( Nurse in gynaecology-obstetrics), via medicinska sestra primaljskog smjera (Senior nurse with a degree of midwife)
2. Intellectual property law
I. COMMUNITY MARK
32009 R 0207: Commission Regulation (EC) No. 207/2009 of 26 February 2009 on Community Mark (OJ L 78 of 24.3.2009, p. 1):
In section 165, paragraph 1 is replaced by the following text:
“1. As from the date of accession of Bulgaria, Czech Republic, Estonia, Croatia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as "new Member State", "new Member States"), a registered or deposited community mark in accordance with this Regulation before their respective date of accession shall be extended to the territory of those Member States to have the same effect in the territory of the Republic of » .
II. COMPLIANCE OF PROTECTION
1. 31996 R 1610: Regulation (EC) No. 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for phytopharmaceutical products (OJ L 198 of 8.8.1996, p. 30):
(a) In article 19bis, the following item is added:
"m) any phytopharmaceutical product that is protected by a basic patent in force for which, as a phytopharmaceutical product, a first marketing authorization was obtained after 1er January 2003 may issue a certificate in Croatia, provided that the application for a certificate has been filed within six months of the date of accession. » .
(b) In section 20, paragraph 2 is replaced by the following text:
“2. These Regulations apply to additional protection certificates issued in accordance with the national legislation of the Czech Republic, Estonia, Croatia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia prior to their respective dates of accession. » .
2. 32009 R 0469: Regulation (EC) No. 469/2009 of the European Parliament and Council of 6 May 2009 concerning the supplementary certificate of protection for medicines (OJ L 152 of 16.6.2009, p. 1):
(a) In section 20, the following item is added:
"(m) any drug that is protected by a basic patent in force for which, as a drug, a first marketing authorization was obtained after 1er January 2003 may issue a certificate in Croatia, provided that the application for a certificate has been filed within six months of the date of accession. » .
(b) In section 21, paragraph 2 is replaced by the following text:
“2. These Regulations apply to additional protection certificates issued in accordance with the national legislation of the Czech Republic, Estonia, Croatia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia prior to their respective dates of accession. » .
III. COMMUNITIES AND MODELES
32002 R 0006: Council Regulation (EC) No 6/2002 of 12 December 2001 on Community Designs and Models (OJ L 3 of 5.1.2002, p. 1):
In section 110bis, paragraph 1 is replaced by the following text:
“1. From the date of accession of Bulgaria, the Czech Republic, Estonia, Croatia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as "new Member State" or "new Member States"), a drawing or community model registered or filed in accordance with this Regulation before their respective date of accession shall be extended to the EU. » .
3. Financial services
32006 L 0048 : Directive 2006/48/CE of the European Parliament and of the Council of 14 June 2006 concerning access to the activity of credit institutions and its exercise (refonte) (OJ L 177 of 30.6.2006, p. 1) :
In article 2, the following text is inserted after the mention concerning France:
" - in Croatia, the "kreditne unije" and the "Hrvatska banka za obnovu i razvitak"".
4. AGRICULTURE
1. 31991 R 1601: Council Regulation (EEC) No. 1601/91 of 10 June 1991 establishing the general rules relating to the definition, designation and presentation of flavoured wines, wine-based flavoured beverages and flavoured cocktails of wine-produced products (OJ L 149 of 14.6.1991, p. 1):
In Appendix II, the following text is inserted after the geographical name "Nürnberger Glühwein":
"Samoborski bermet."
2. 32007 R 1234: Council Regulation (EC) No. 1234/2007 of 22 October 2007 concerning the joint organization of markets in the agricultural sector and specific provisions with regard to certain products of this sector (Unique CMO Regulation) (OJ L 299 of 16.11.2007, p. 1):
(a) In section 66, the following paragraph is inserted:
"4bis. For Croatia, a special reserve for restructuring is established as set out in Annex IX, item 2). This reservation is released from 1er April of the first contingent year after accession to the extent that the consumption of milk and dairy products of the farms in Croatia decreased during the period 2008-2012.
The decision on the release of the reservation and the distribution of the reservation between deliveries and "direct sales" quota is taken by the Commission in accordance with the procedure referred to in section 195, paragraph 2, based on the assessment of a report to be submitted by Croatia by 31 December 2013. This report describes in detail the results and trends of the effective process of restructuring the dairy sector of Croatia and, in particular, the transition from a production intended for the clean consumption of farms to a production intended for the market. » .
(b) In section 103 duodecies, paragraph 1, the following paragraph is added:
"This subsection does not apply to Croatia for fiscal year 2013. Croatia submits to the Commission a five-year assistance program for the 2014-2018 programming period. » .
(c) In Annex III, Part II, Item 13 is replaced by the following text
« 13. It is understood by "full-time refinery", a production unit:
- whose only activity is to refine imported raw cane sugar,
or
- which refined, during the marketing campaign 2004/2005, a quantity of at least 15,000 tons of raw cane sugar imported. For the purpose of this dash, in the case of Croatia, the marketing campaign is that of 2007/2008. » .
(d) Appendix VI is replaced by the following text:
“Annex VI
NATIONAL AND REGIONAL QUOTAS
from the 2010/2011 marketing campaign
(tonnes)

"
(e) In Annex IX, item 1, the following text is inserted after the reference to France:

"
(f) In Appendix IX, item 2, the table is replaced by the following table:

"
(g) In Appendix X, the following text is inserted after the reference to France:

"
(h) In Appendix X ter, the following table is added:
"(Thousands of EUR)

"
(i) At the appendix to Appendix XI ter, item 2, the following text is added:
"h) in Croatia, the area planted in vines in the following subregions: Moslavina, Prigorje Bilogora, Pleivica, Pokuplje and Zagorje-Medimurje. » .
(j) At the appendix to Appendix XI ter, item 3, the following text is added:
"(h) in Croatia, the area planted in vines in the following subregions: Hrvatsko Podunavlje and Slavonija. » .
(k) At the appendix to Appendix XI ter, item 4, the following text is added:
"(g) in Croatia, the area planted in vines in the following subregions: Hrvatska Istra, Hrvatsko primorje, Dalmatinska zagora, Sjeverna Dalmacija and Srednja i Ju€ na Dalmacija. » .
3. 32008 R 0110: Regulation (EC) No. 110/2008 of the European Parliament and of the Council of 15 January 2008 concerning the definition, designation, presentation, labelling and protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No. 1576/89 (OJ L 39 of 13.2.2008, p. 16):
(a) In section 20, the following paragraph is added:
“4. The deadline for submission of the technical data sheets referred to in paragraph 1 also applies to the geographical indications of Croatia listed in Annex III. » .
(b) In Appendix III, item 9, the following geographical indications are added:

"
(c) In Appendix III, item 32, the following geographic indication is added:

"
(d) In Appendix III, the following item is inserted:

"
(e) In Appendix III, under the product category "Other spirit drinks", the following geographic indication is added:

"
4. 32009 R 0073: Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending regulations (EC) No. 1290/2005, (EC) No. 247/2006 and (EC) No. 378/2007, and repealing Regulation (EC) No. 1782/2003
(a) Section 2, item (g), is replaced by the following text:
"(g) "new Member States", Bulgaria, Czech Republic, Estonia, Croatia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia; "
(b) In Article 6, paragraph 2, the first paragraph shall be replaced by the following text:
“2. Member States other than the new Member States shall ensure that land devoted to permanent pasture on the scheduled date for applications for surface assistance in 2003 remains allocated for this purpose. The new Member States, with the exception of Bulgaria, Croatia and Romania, ensure that the land devoted to permanent pasture on 1er May 2004 remains for this purpose. Bulgaria and Romania ensure that land dedicated to permanent pasture is maintained at 1er January 2007 the rest. Croatia ensures that land dedicated to permanent grazing at 1er July 2013 remains. "
(c) Section 33, paragraph 1, (b) (iv), is replaced by the following text:
"(iv) pursuant to Article 47, paragraph 2, of Articles 57 bis and 59, Article 64, paragraph 2, third paragraph, Article 65 and Article 68, paragraph 4, point (c). "
(d) In section 51, paragraph 1, the following paragraph is added:
"Croat may decide to use the possibilities provided for in Article 52 and Article 53, paragraph 1, of these Regulations. This decision is notified to the Commission by 15 July 2013. "
(e) In section 51, paragraph 2, the following paragraph is added:
"By derogation from the second paragraph, in the case of Croatia, this cap is determined on the basis of the national ceilings set out in Article 104, paragraph 4, and Article 112, paragraph 5, respectively with respect to the payments for ovine and caprine meat and the payments for bovine meat referred to in Articles 52 and 53, taking into account the schedule for the introduction of direct payments under Article 121. » .
(f) In section 52, the following paragraph is inserted after the first paragraph:
"By derogation from the first paragraph, Croatia may retain up to 50% of the amount resulting from the ceiling referred to in section 51, paragraph 2, third paragraph, of these Regulations in order to make an additional payment on an annual basis for farmers. » .
(g) In section 53, paragraph 1, the following paragraph shall be inserted after the first paragraph:
"By derogation from the first paragraph, Croatia may retain all or part of the amount resulting from the ceiling referred to in section 51, paragraph 2, third paragraph, of these Regulations in order to make an additional payment on an annual basis in favour of farmers. » .
(h) The title of Chapter 3 of Title III is replaced by the following:
“Implementation in the new Member States that have applied the single payment regime on the surface and in Croatia”.
(i) The title of section 55 is replaced by the following text:
“Introduction of the single payment regime in the Member States that have applied the single payment regime on the surface and in Croatia. » .
(j) In section 55, paragraph 1, the first paragraph shall be replaced by the following text:
“1. Except as otherwise provided in this chapter, this title applies to new Member States that have applied the single-surface payment regime under Part V, Chapter 2, and to Croatia. » .
(k) In article 57, paragraph 1, the following sentence is added:
"For Croatia, this reduction is not more than 20% of the annual ceiling shown in Table 3 of Appendix VIII. » .
(l) In article 57, paragraph 3, the following phrases are added:
"In Croatia, the use of the national reserve is subject to the authorization of the Commission issued through an act of execution without the assistance of the committee referred to in section 141. In particular, the Commission considers the establishment of any national direct payments regime applicable before the date of accession and the conditions of its application. Croatia shall apply for authorization to use the National Reserve to the Commission by 15 July 2013. » .
(m) The following article is inserted:
« Article 57bis
Special National Mine Clearance Reserve in Croatia
1. Croatia creates a special national mine clearance reserve that is used to assign, for a period of ten years following accession and according to objective criteria and to ensure equal treatment between farmers and to avoid market and competition distortions, the right to payment to farmers with ready-made demined lands to be reused for agricultural purposes.
2. Land eligible for payment rights under this section is not eligible for payment rights under sections 59 and 61.
3. The value of the payment rights established under this Article shall not exceed the value of the payment rights established in accordance with Articles 59 and 61 respectively.
4. The maximum amount allocated to the national special demining reserve is EUR 9,600,000 and is subject to the schedule for the introduction of direct payments set out in section 121. The maximum annual amounts are set as follows:
(thousands EUR)

5. In the first year of implementation of the single payment regime, Croatia assigns rights to payments to farmers on the basis of land that has been demined and declared by farmers in requests for assistance submitted during the first year of implementation of the single payment regime and reused for agricultural purposes between 1er January 2005 and December 31, 2012.
6. In the years 2013 to 2022, the rights to payment are granted to farmers on the basis of the demined lands declared by the farmers in the year in question, provided that these lands were reused for agricultural purposes in the previous calendar year, and were notified to the Commission in accordance with paragraph 9.
7. In order to ensure the appropriate use of the funds of the Union, the Commission amends, in accordance with the procedure referred to in Article 141, paragraph 2, the limit of Table 3 of Schedule VIII to add the amounts of the special national reserve for mine clearance that were allocated by 31 December 2022 at the latest.
8. All lands reported for the purposes of this section are in accordance with the definition of the eligible hectare set out in section 34, paragraph 2.
9. By July 15, 2013, Croatia shall notify the Commission of the area of eligible lands in accordance with paragraph 5, indicating eligible lands at aid levels in accordance with section 59 and eligible for aid levels in accordance with section 61. This notification also includes information on the corresponding budget envelopes and unspent amounts. From 2014, a communication containing the same information is sent to the Commission no later than 31 January of each year and covers the previous calendar year by specifying the area reused for agricultural purposes and the corresponding budget envelopes.
10. By 31 December 2012, all mined and demined lands for which farmers could receive a right to payment of the special national mine clearance reserve are identified in the integrated management and control system established in accordance with Part II, Chapter 4. » .
(n) In section 59, the following paragraph is added:
“4. The Commission shall, in accordance with the procedure referred to in Article 141, paragraph 2, adopt rules relating to the initial allocation of rights to payment in Croatia. » .
(o) In section 61, the following paragraph is added:
“For Croatia, the date referred to in the first subparagraph (a) and (b) is 30 June 2011. » .
(p) In article 69, paragraph 1, the following text is added to the first paragraph:
" Croatia may decide, by the date of accession, to use, from the first year of implementation of the single payment regime, as provided for in Article 59, paragraph 2, up to 10% of the national ceiling referred to in Article 40, as set out in Table 3 of Schedule VIII. » .
(q) In article 69, paragraph 9, first paragraph, the following item shall be inserted after (a):
"(a) fixed for the year 2022 in the case of Croatia; "
(r) In section 104, paragraph 4 is replaced by the following text:
“4. The following national ceilings apply:

"
(s) In Article 112, paragraph 5, the following reference shall be inserted after that concerning France:

"
(t) Section 121 is replaced by the following text:
“Article 121
Introduction of direct payments
“In new Member States, other than Bulgaria, Croatia and Romania, direct payments are introduced by levels in accordance with the following schedule, the figures corresponding to the percentage of the applicable level of these payments in Member States other than the new Member States:
- 60% in 2009,
- 70% in 2010,
- 80% in 2011,
- 90% in 2012,
- 100% from 2013.
In Bulgaria and Romania, direct payments are introduced by levels in accordance with the following schedule, the figures corresponding to the percentage of the applicable level of these payments in Member States other than new Member States:
- 35% in 2009,
- 40% in 2010,
- 50% in 2011,
- 60% in 2012,
- 70% in 2013,
- 80% in 2014,
- 90% in 2015,
- 100% from 2016.
In Croatia, direct payments are introduced by levels in accordance with the following schedule, the figures corresponding to the percentage of the applicable level of these payments in Member States other than new Member States:
- 25 per cent in 2013,
- 30% in 2014,
- 35% in 2015,
- 40% in 2016,
- 50% in 2017,
- 60% in 2018,
- 70% in 2019,
- 80% in 2020,
- 90% in 2021,
- 100% from 2022. » .
(u) In section 132, paragraph 2, the following paragraph shall be inserted after the second paragraph:
"by derogation from the first paragraph, points (a) and (b), Croatia has the power to complete direct payments up to 100% of the level applicable in Member States other than the new Member States. » .
(v) In Appendix VII, the following text is inserted after the reference to France:

"
(w) In Appendix VIII, the following table is added:
"Table 3(*)

(*) Depth calculated on the basis of the bearings provided for in section 121. "
5. PCHE
1. 32002 R 2371: Council Regulation (EC) No. 2371/2002 of 20 December 2002 on the Conservation and Sustainable Exploitation of Fisheries Resources under the Common Fisheries Policy (OJ L 358 of 31.12.2002, p. 59):
In Appendix I, the following tables are added:
« 11. BANDE C!

* This regime will apply from the time the arbitral award resulting from the arbitration agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009, has been fully implemented.
12. BANDE C!

* This regime will apply from the time the arbitral award resulting from the arbitration agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009, has been fully implemented. » .
2. 32006 R 1198: Council Regulation (EC) No. 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ L 223 of 15.8.2006, p. 1):
(a) In section 27, the following paragraph is added:
« 5. The European Fisheries Fund can contribute to the financing of an individual premium scheme for fishermen who will benefit from the access regime set out in Schedule I, section 11, of Regulation (EC) No. 2371/2002, as amended by the act of accession of Croatia. This regime may apply only in the period from 2014 to 2015 or, if it occurs before, until the date on which the arbitral award arising from the arbitration agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009, has been fully implemented. » .
(b) In section 29, paragraph 3 is replaced by the following text:
“3. By derogation from paragraph 2, in ultra-peripheral regions and Greek peripheral islands, as well as in the Croatian islands Dugi otok, Vis, Mljet and Lastovo, aids can be granted to all companies. » .
(c) In section 35, paragraph 4 is replaced by the following text:
“4. By derogation from paragraph 3, in ultra-peripheral regions and Greek peripheral islands, as well as in the Croatian islands Dugi otok, Vis, Mljet and Lastovo, aids can be granted to all companies. » .
(d) In section 53, paragraph 9, the first paragraph shall be replaced by the following text:
“9. When operations are financed by the FEP in the Greek peripheral islands, disadvantaged because of their remoteness, in the ultra-peripheral regions, as well as in the Croatian islands Dugi otok, Vis, Mljet and Lastovo, the ceiling of the contribution of the FEP for each priority axis is increased by 10 percentage points to the maximum in the eligible regions under the objective of convergence plus » .
(e) In Appendix II, item (a), the table is replaced by the following table:

(*) For operations under section 25, paragraph 3, the rates (B) for group 2 are increased by 20 percentage points. Rates (A) are reduced accordingly.
(**) For operations referred to in section 26, paragraph 2 (investments within the meaning of section 25 on board small-scale coastal fishing vessels), the rates (B) applicable to group 2 may be reduced by 20 percentage points. Rates (A) are increased accordingly.
(***) With respect to the transactions referred to in sections 29 and 35 when implemented by companies that are not covered by section 3, point f), which have less than 750 employees or realise a turnover less than 200 million euros, the rates (B) are increased by 30 percentage points in the areas covered by the convergence objective, with the exception of the peripheral Greek islands and the Croatian islands of Lastjetl Vis Rates (A) are reduced accordingly. » .
(f) In Appendix II, item (a), the second paragraph of subtitle "Group 2" is replaced by the following text:
"In light of the notes (*) and (**), when the Fund funds operations under section 25, paragraph 3 for small-scale coastal fishing vessels, the rates (B) for group 2 are:
- for areas covered by the convergence objective, the Greek peripheral islands, the Croatian islands Dugi otok, Vis, Mljet and Lastovo and the regions not covered by the convergence objective, above or equal to 60 percentage points (B = 60%),
and
- for ultraperipheral regions, greater or equal to 50 percentage points (B = 50%). » .
6. FISCALITY
1. 32006 L 0112: Council Directive 2006/112/EC of 28 November 2006 on the Common Value Added Tax System (OJ L 347 of 11.12.2006, p. 1):
In section 287, the following item is added:
"19) Croatia: EUR 35,000. » .
2. 32008 L 0118: Council Directive 2008/118/EC of 16 December 2008 on the general excise regime and repealing Directive 92/12/EEC (OJ L 9 of 14.1.2009, p. 12):
In section 46, paragraph 3 is replaced by the following text:
“3. Without prejudice to Article 32, Member States that are not covered by Article 2, paragraph 2, third and fourth paragraphs, of Directive 92/79/EEC may, with respect to cigarettes that may be introduced in their territory without payment of new excise rights, apply from 1er January 2014 a quantitative limit of at least 300 units for cigarettes imported from a Member State that applies, in accordance with article 2, paragraph 2, third and fourth paragraphs, of the said directive, excise rights less than those arising from article 2, paragraph 2, first paragraph.
The Member States referred to in Article 2, paragraph 2, third and fourth subparagraphs, of Directive 92/79/EEC that receive at least EUR 77 per 1,000 units on cigarettes regardless of the weighted average retail price, may, from 1er January 2014, apply a quantitative limit of at least 300 units to cigarettes introduced in their territory without payment of new excise rights from a Member State that applies a lower excise rate in accordance with Article 2, paragraph 2, third paragraph, of that Directive.
Member States applying a quantitative limit in accordance with the first and second preambular paragraphs shall inform the Commission. They may perform the necessary controls as long as they do not affect the proper functioning of the domestic market. » .
7. Regional policy and coordination of structural instruments
1. 32006 R 1083: Council Regulation (EC) No. 1083/2006 of 11 July 2006 on general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, and repealing Regulation (EC) No. 1260/1999 (OJ L 210 of 31.7.2006, p. 25):
(a) In article 15, paragraph 4, the following sentence is added to the second paragraph:
"For Croatia, the date of this audit is December 31, 2017. » .
(b) In section 18, paragraph 1, the first paragraph shall be replaced by the following text:
“1. Resources available for the Fund's commitment, expressed in 2004 prices, amount to EUR 308,417,037,817 for the period 2007-2013, in accordance with the annual breakdown presented in Appendix I."
(c) Section 19 is replaced by the following text:
“Article 19
Resources for the convergence objective
The overall resources for the convergence objective are 81.56 per cent of the resources referred to in section 18, paragraph 1, totalling 251,529,800,379 EUR, and are distributed among the various components as follows:
(a) 70.50 per cent (a total of EUR 177,322,921,233) for the financing referred to in Article 5, paragraph 1, using the eligible population, regional prosperity, national prosperity and unemployment as criteria for calculating indicative ventilation by member State;
(b) 4.98 per cent (a total of 12,521,289,405 EUR) for the transitional and specific support referred to in article 8, paragraph 1, using the eligible population, regional prosperity, national prosperity and unemployment as criteria for calculating the indicative ventilations per Member State;
(c) 23.3% (a total of EUR 58,433,589,750) for the financing referred to in Article 5, paragraph 2, using the population, national prosperity and the area as criteria for calculating the indicative ventilations per Member State;
(d) 1.29 % (total of EUR 3,250,000) for transitional and specific support referred to in Article 8, paragraph 3. » .
(d) In section 20, the introductory part is replaced by the following text:
"Global resources for the regional competitiveness and employment objective are 15.93 per cent of the resources referred to in Article 18, paragraph 1, (a total of 49,127,784,318 EUR) and are distributed among the various components as follows:".
(e) In section 21, paragraphs 1 and 2 are replaced by the following text:
“1. The overall resources for the European territorial cooperation objective are 2.52% of the resources referred to in Article 18, paragraph 1, (a total of EUR 7,755,453,120) and, with the exception of the amount referred to in Appendix II, paragraph 22, are divided among the various components as follows:
(a) 73.86 per cent (a total of 5,583,386,893 EUR) for the financing of cross-border cooperation referred to in Article 7, paragraph 1, using the eligible population as a criterion for calculating indicative ventilation by Member State;
(b) 20.95 per cent (a total of 11 583 594 654 EUR) for the financing of transnational cooperation referred to in Article 7, paragraph 2, using the eligible population as a criterion for calculating indicative ventilation by Member State;
(c) 5.19% (a total of EUR 392,471,574) for the financing of interregional cooperation, cooperation networks and the exchange of experience referred to in Article 7, paragraph 3.
2. The EFRD's contribution to cross-border and marine basin programmes under the European Neighbourhood Policy and Partnership and cross-border programmes under the instrument on pre-accession aid in accordance with Council Regulation (EC) No. 1085/2006 is EUR 817,691,234, following the indications of each of the Member States concerned, of which their allocation under paragraph 1 is deducted. The FEDER's contribution is not the subject of a redistribution between the Member States concerned. » .
(f) In section 22, the following paragraph is added:
"By derogation from the first paragraph, Croatia may allocate its financial allocation under the European territorial cooperation objective between the three components referred to in Article 21, paragraph 1, points (a) to (c), with a view to achieving a high level of efficiency and simplification. » .
(g) Section 23 is replaced by the following text:
“Article 23
Resources for the performance reserve
"3% of the resources referred to in Article 19, points (a) and (b), and Article 20 may be allocated by Member States, with the exception of Croatia, in accordance with Article 50. » .
(h) Section 28 is amended to read:
(i) In paragraph 1, the following paragraph is inserted after the first paragraph:
"With respect to Croatia, the National Strategic Reference Framework covers the period from the date of accession to 31 December 2013. » .
(ii) In paragraph 2, the following paragraph is inserted after the first paragraph:
"Croatia transmits its national strategic reference framework to the Commission within three months of the date of accession. » .
(i) In section 29, the following paragraph is added:
« 5. Paragraphs 1 to 4 do not apply to Croatia. » .
(j) In section 32, paragraph 3, the following paragraph is added:
"With respect to Croatia, the Commission shall adopt, by 31 December 2013, the decision approving an operational programme to be funded under the 2007-2013 programming period. Croatia, in this operational programme, takes into account the Commission's comments and submits this programme to the Commission within a maximum of three months from the date of accession. » .
(k) In section 33, paragraph 1, the following paragraph is added:
"For Croatia, the operational programs adopted prior to the date of accession can only be revised to better align them with these regulations. » .
(l) In section 49, paragraph 3, the following paragraph is added:
"With respect to Croatia's operational programs, the ex post evaluation is completed by December 31, 2016. » .
(m) The following article is inserted:
« Article 51bis
Sections 50 and 51 do not apply to Croatia. » .
(n) In section 53, paragraph 3 is replaced by the following text:
“3. For operational programmes under the European territorial cooperation objective for which at least one participant belongs to the Member States whose average gross domestic product (GDP) per capita, from 2001 to 2003, was less than 85% of the EU average to 25 during the same period, or for the programmes to which Croatia participates, the FEDER contribution cannot exceed 85% of the total eligible expenditures. For all other operational programs, FEDER's contribution cannot exceed 75% of the total eligible public expenditures co-financed by FEDER. » .
(o) In section 56, paragraph 1, the following paragraph is added:
"In respect of Croatia, an expenditure is eligible for a contribution from the Fund between the date on which the eligibility of the expenditure begins, as set out in the instruments adopted under Regulation (EC) No. 1085/2006, and December 31, 2016. However, for operational programs adopted after membership, an expenditure is eligible for a contribution from the Fund as of the date of membership, unless the decision on the operational program concerned mentions a later date. » .
(p) In section 56, paragraph 3, the following paragraph is added:
"Despite the specific provisions on eligibility provided for in section 105bis, the criteria established by the Monitoring Committee for Operational Programs for Croatia do not apply to transactions for which the approval decision was adopted prior to the date of accession and which were part of the instruments adopted under Regulation (EC) No. 1085/2006. » .
(q) In section 62, paragraph 1 is amended to read:
(i) In point (c), the following paragraph is inserted after the first paragraph:
"In respect of Croatia, the audit authority of an operational program shall submit to the Commission, within three months from the date of accession, an update of the annual audit plan referred to in Article 29, paragraph 2 (a), of Regulation (EC) No 718/2007 of the Commission of 12 June 2007 implementing Regulation (EC) No 1085/2006 of the Council establishing an instrument of assistance".
(ii) In item (d), subparagraph (i), the following paragraph is added:
"In Croatia, the first annual monitoring report covering the period 1er October 2012 to 30 June 2013, is submitted no later than 31 December 2013. The following reports covering the periods of 1er July 2013 to 30 June 2014, 1er July 2014 to 30 June 2015 and 1er July 2015 to June 30, 2016, are presented to the Commission by December 31, 2014, December 31, 2015 and December 31, 2016. Audit information and controls completed after 1er July 2016 is included in the final control report supporting the closing statement referred to in item (e); "
(iii) In item (e), the following paragraph is added:
"With respect to Croatia, the closing statement, along with the final control report, is presented to the Commission by 31 March 2018. "
(r) In section 67, paragraph 1, the following paragraph is added:
"With respect to Croatia, the management authority shall transmit a final performance report of the operational program by March 31, 2018. » .
(s) Section 71 is amended to read:
(i) The following paragraph is added:
"1bis. Notwithstanding paragraph 1, as soon as possible after the date of its accession or, at the latest, before any payment of the Commission, Croatia shall submit to the Commission a description of the systems relating to the authorities or organizations listed in (a) and (b) of that paragraph. » .
(ii) The following paragraph is added:
"2 bis. Paragraph 2 applies mutatis mutandis to Croatia. The report referred to in the first paragraph of paragraph 2 shall be deemed to be accepted under the same conditions as those set out in the second paragraph of paragraph 2. However, this acceptance is a prerequisite for the payment of the amount of the pre-financing referred to in section 82. "
(t) In section 75, the following paragraph is added:
"1bis. With respect to Croatia, the budgetary commitments under ERDF, the Cohesion Fund and the SSF for 2013 are made on the basis of the decision referred to in article 28, paragraph 3, before the Commission makes any decision regarding the revision of an adopted operational programme. The decision referred to in Article 28, paragraph 3, constitutes a funding decision within the meaning of Article 75 of the Regulation (EC, Euratom) No. 1605/2002 for any budgetary commitment to Croatia. » .
(u) In article 78, paragraph 2, point (c), the following sentence is added:
"With respect to Croatia, they are covered by the expenses paid by the recipients during the implementation of the project and are justified by invoices paid or equivalent probative value accounting documents submitted no later than three years after the year in which the advance was paid or December 31, 2016, if that date is earlier than the first; otherwise, the following statement of expenditures is corrected accordingly. » .
(v) In section 82, the following paragraph is added:
"1bis. With respect to Croatia, as a result of the acceptance of the report in accordance with section 71, paragraph 2 (a), and as a result of the budgetary commitments referred to in section 75, paragraph 1 (b), a single pre-financing amount for the remaining part of the 2007-2013 period is paid in one time and will represent 30% of the contribution of the structural funds and 40% of the Cohesion Fund's contribution to the operational programme. » .
(w) In section 89, paragraph 1, the following paragraph is added:
"With respect to Croatia, a request for payment comprising the documents referred to in (a) (i) to (a) (iii) shall be forwarded by 31 March 2018. » .
(x) In section 93, the following paragraph is added:
"3bis. By derogation from paragraphs 1 to 3 with regard to Croatia, the Commission shall apply the clearing-house mechanism referred to in paragraph 1 as follows:
(i) the period applicable to any open part of the commitment for 2010 is 31 December 2013;
(ii) the period applicable to any open part of the 2011 commitment is December 31, 2014;
(iii) the period applicable to any open part of the commitment for 2012 is December 31, 2015;
(iv) any part of the commitments for 2013 still open as at 31 December 2016 shall be issued ex officio if the Commission has not received any request for payment admissible to the Commission by 31 March 2018. "
(y) In section 95, the following paragraph is inserted after the second paragraph:
"By derogation from the first and second subparagraphs, with respect to Croatia, the deadlines referred to in Article 93, paragraph 3bis, shall be interrupted under the conditions set out in the first paragraph of this Article for the amount corresponding to the transactions concerned. » .
(z) In section 98, paragraph 2, the following paragraph is added:
"In Croatia, the resources of the funds released can be reused by Croatia until 31 December 2016. » .
za) The following item is added:
“Article 105bis
Specific provisions following the accession of Croatia
1. Programs and major projects that, on the date of Croatia's accession, have been approved under Regulation (EC) No. 1085/2006 and whose implementation has not been completed by that date are considered to be approved by the Commission under these Regulations, with the exception of the programs approved under the components referred to in Article 3, paragraph 1, (a) and (e), of Regulation (EC) No. 1085/2006.
In addition, the following programs under the section 3, paragraph 1 (b), of Regulation (EC) No. 1085/2006 are also excluded:
(a) the IAP programme of cross-border cooperation "Adriatic";
(b) the cross-border programme "Croatian-Bosnia and Herzegovina";
(c) the cross-border programme "Croatian-Montenegro";
(d) the cross-border programme "Croatian-Serbia".
Without prejudice to paragraphs 2 to 7, the provisions governing the implementation of the approved operations and major projects in accordance with these Regulations apply to such operations and major projects.
2. Any procurement procedure related to transactions carried out under the programmes referred to in paragraph 1 or the major projects referred to in paragraph 1 which, on the date of accession, has already been the subject of a call for tenders published in the Official Journal of the European Union is implemented in accordance with the rules established in this tender. Section 165 of the Regulation (EC, Euratom) No. 1605/2002 does not apply.
Any procurement procedure related to transactions carried out under the programs referred to in paragraph 1 or the major projects referred to in paragraph 1 that, at the date of accession, has not yet been the subject of an appeal for tenders published in the Official Journal of the European Union is being implemented in accordance with the treaties or acts adopted under them, and in accordance with Article 9 of these Regulations.
Other transactions other than those referred to in the first and second paragraphs and which have been appealed for proposals pursuant to section 158 of Commission Regulation (EC) No 718/2007 or for which applications have been submitted to the competent authorities prior to the date of accession but for which contracts have been finalized only after that date, are implemented in accordance with the conditions and potential eligibility rules published in the appeal.
3. Payments made by the Commission under the programs referred to in paragraph 1 are considered to be a contribution from the Funds under these Regulations and are allocated to the oldest open budget commitment, including IAP commitments.
Any portion of the Commission's commitments under the programs referred to in paragraph 1 and still open at the date of accession shall be governed by these Regulations from the date of accession.
4. For operations approved under Regulation (EC) No. 1085/2006 that have been approved or for which grant agreements with the final beneficiaries have been signed prior to the date of accession, the rules governing the eligibility of expenditures in accordance with Regulation (EC) No. 718/2007 of the Commission, or on the basis of it, remain applicable, except in duly justified cases, on which the Commission must decide on the application.
The eligibility rule established in the first paragraph also applies to major projects referred to in paragraph 1 for which bilateral project agreements were signed prior to the date of accession.
5. With respect to Croatia, any reference to the Funds as defined in Article 1er, second paragraph, means also including the pre-accession aid instrument created by Regulation (EC) No. 1085/2006.
6. The specific time limits applicable to Croatia also apply to the following cross-border programs that fall within the scope of Article 3, paragraph 1 (b), of Regulation (EC) No. 1085/2006, in which Croatia participates:
(a) the cross-border programme Hungary-Croatia; and
(b) the cross-border programme "Slovenia-Croatia".
The specific deadlines applicable to Croatia under these Regulations do not apply to the operational programmes under the transnational or interregional components of the European territorial cooperation objective to which Croatia participates.
7. If measures are necessary to facilitate the transition of Croatia from the regime in force prior to accession to the regime resulting from the application of this article, the Commission shall adopt the necessary measures. » .
zb) Appendix I is replaced by the following text:
“Annex I
Annual breakdown of commitment credits for the period 2007-2013
(see article 18)
(in EUR, 2004) price

"
zc) Appendix II is amended to read:
(i) In paragraph 5, the following points are added:
"(c) for Croatia, funding for cross-border cooperation will amount to EUR 7,028,744, expressed in 2004 prices;
(d) for Croatia, resources for the financing of transnational cooperation will amount to EUR 1,874,332, expressed in 2004 prices. » .
(ii) The following item is added:
"7bis. For Croatia, the maximum level of remittances will be 3.5.240 per cent of its GDP. » .
(iii) The following item is added:
"9bis. For Croatia, the calculations of GDP, carried out by the Commission, will be based on statistics and forecasts published in May 2011. » .
zd) Appendix III is replaced by the following text:
“Annex III
Co-financing rates applicable
(see article 53)

"
2. 32006 R 1084: Council Regulation (EC) No. 1084/2006 of 11 July 2006 establishing the Cohesion Fund and repealing Regulation (EC) No. 1164/94 (OJ L 210 of 31.7.2006, p. 79).
The following article is inserted:
« Article 5bis
Specific provisions following the accession of Croatia
1. The measures that, at the date of Croatia's accession, have been the subject of Commission decisions on assistance under Council Regulation (EC) No 1267/1999 of 21 June 2009 establishing a structural instrument of pre-accession* and whose implementation has not been completed by that date are considered to be approved by the Commission under these Regulations.
Without prejudice to paragraphs 2 to 5, the provisions governing the implementation of the actions approved in accordance with these Regulations and Regulation (EC) No. 1083/2006 shall apply to the measures referred to in the first paragraph of this paragraph.
2. Any procurement proceedings related to a measure referred to in paragraph 1 which, on the date of accession, has already been appealed for tenders published in the Official Journal of the European Union shall be implemented in accordance with the rules established in this tender. Section 165 of Council Regulation (EC, Euratom) No. 1605/2002 of 25 June 2002 concerning the financial regulations applicable to the general budget of the European Communities** does not apply.
Any procurement proceedings related to a measure referred to in paragraph 1 which, on the date of accession, has not yet been appealed for tenders published in the Official Journal of the European Union shall be implemented in accordance with the treaties or acts adopted under them, and in accordance with Article 9 of Regulation (EC) No. 1083/2006.
3. Payments made by the Commission under a measure referred to in paragraph 1 shall be considered a contribution of the Fund under these Regulations.
Payments made by the Commission under a measure referred to in paragraph 1 shall be allocated to the oldest open undertaking made in accordance with Regulation (EC) No 1267/1999 and pursuant to these Regulations and Rules (EC) No 1083/2006.
The conditions for intermediate payments or final balance are those set out in Appendix II, Article D, paragraph 2, (b) to (d), and paragraphs 3 to 5, of Regulation (EC) No 1164/94.
4. For the measures referred to in paragraph 1, the rules governing the eligibility of expenditures in accordance with Regulation (EC) No 1267/1999 or specifically established in the relevant funding conventions remain applicable, except in duly justified cases, on which the Commission must take action at the request of Croatia.
5. If measures are necessary to facilitate the transition of Croatia from the regime in force prior to accession to the regime resulting from the application of this article, the Commission shall adopt the necessary measures.
* OJ L 161 of 26.6.1999, p. 73.
** OJ L 248 of 16.9.2002, p. 1. » .
8. ENVIRONMENT
1. 32003 L 0087: Directive 2003/87/EC of the European Parliament and the Council of 13 October 2003 establishing a system for the exchange of greenhouse gas emission quotas in the Community and amending Council Directive 96/61/EC (OJ L 275 of 25.10.2003, p. 32):
(a) In article 9, the following sentence is added to the first paragraph:
"The amount of quotas issued for the entire Community will only increase as a result of Croatia's accession to the amount of quotas that Croatia auctions under Article 10, paragraph 1. » .
(b) In Appendix IIbis, the following is inserted after the reference to Spain:
« Croatia 26 % ».
2. 32009 D 0406: Decision No. 406/2009/EC of the European Parliament and the Council of 23 April 2009 on the effort to be made by Member States to reduce their greenhouse gas emissions in order to meet the Community's commitments to reduce greenhouse gas emissions by 2020 (OJ L 140 of 5.6.2009, p. 136):
In Appendix II, the following is inserted after the reference to France:
"Croatian 11%".

ANNEX IV
List referred to in article 16 of the act of accession: other permanent provisions
1. Intellectual property law
Treaty on the Functioning of the European Union, Part III, Title II entitled "Free Movement of Goods"
SPECIFIC MECHANISM
With respect to Croatia, the holder or the holder of a patent or a supplementary protection certificate (CCP) issued for a drug filed in a Member State at a date on which such protection could not be obtained in Croatia for that product, may invoke the rights conferred by that patent or CCP to prevent the importation and commercialization of that product in the Member State or the Member States in which the product has been granted
Any person intending to import or market a drug covered by the first paragraph in a Member State where the product enjoys a patent or a CCP demonstrates to the competent authorities, in the application for that importation, that a pre-month notification has been given to the holder or entitled to such protection.
2. CONCURRENCE POLICY
Treaty on the Functioning of the European Union, Part III, Part VII, Chapter 1 entitled "Competition rules"
1. The following aid regimes and individual aids, which entered into force in Croatia before the date of accession and still applicable after that date, are considered as existing aids within the meaning of Article 108, paragraph 1, of the TFEU:
(a) the assistance measures entered into force before 1er March 2002;
(b) the assistance measures listed in the appendix to this annex;
(c) the assistance measures examined by the Croatian competition agency prior to the date of accession and deemed compatible with the acquis of the Union, and in respect of which the Commission did not raise any objections because of serious doubts as to the compatibility of the measures with the domestic market, pursuant to the procedure referred to in paragraph 2.
All measures still applicable after the date of accession that constitute public assistance and do not meet the above conditions are considered to be a new aid on the date of accession for the purposes of Article 108, paragraph 3, of the TFEU.
The above provisions do not apply to the aids provided for the production, processing and marketing activities of the products listed in Annex I to the TEU and TFEU.
2. When Croatia wishes the Commission to consider a measure of assistance in the course of the procedure described in paragraph 1 (c), it shall communicate regularly to the Commission:
(a) a list of existing assistance measures that have been reviewed by the Croatian competition agency and that this authority has deemed compatible with the acquis of the Union; and
(b) any other information necessary to assess the compatibility of the assistance measure to be examined,
using the specific form provided by the Commission.
If the Commission does not raise any objections to the existing assistance measure because of serious doubts as to the compatibility of the measure with the domestic market within three months of receiving exhaustive information about it or receiving a communication from Croatia in which the Commission informs the Commission that it considers that the information provided is complete because the additional information that has been requested is not available or is not available.
All assistance measures submitted to the Commission prior to the date of accession under the procedure described in paragraph 1 (c) are subject to the said procedure notwithstanding that, during the review period, Croatia has already become a member of the Union.
3. Any decision of the Commission to raise objections to a measure within the meaning of paragraph 1, point (c), is considered a decision to open the formal review procedure within the meaning of Council Regulation (EC) No. 659/1999 of 22 March 1999 on the modalities for the application of Article 93 of the EC Treaty (19) (now Article 108 of the TFEU).
If such a decision is made before the date of accession, it shall only take effect on the date of accession.
3. AGRICULTURE
(a) Treaty on the Functioning of the European Union, Part III, title III, "Agriculture and Fisheries"
1. The public stocks held by Croatia on the date of accession and resulting from the market support policy carried out by Croatia are borne by the Union at a value calculated by applying Article 4, paragraph 1, point d), and Annex VIII of Regulation (EC) No 884/2006 of the Commission of 21 June 2006 on the terms and conditions of application of Regulation (EC) No 1290/2005 of the Council, with regard to the intervention by the European Union These stocks are resumed only on the condition that the public intervention for the products in question be carried out in the Union and that the stocks concerned meet the conditions of intervention of the Union.
2. Any stock, private or public, in free circulation in Croatia on the date of accession and exceeding the level of what can be considered a normal deferral stock, is at the expense of Croatia in the form of a payment to the general budget of the European Union.
The amount of the payment is set at a level taking into account the costs associated with the effects of surplus stocks on the agricultural market.
The level of surplus stocks is determined for each product, taking into account the characteristics of the product and the markets concerned, as well as the legislation of the Union applicable to the product.
3. The stocks referred to in paragraph 1 shall be deducted from the amount exceeding the normal deferral of stocks.
4. The Commission shall implement and implement the arrangements described in paragraphs 1 to 3 in accordance with the procedure provided for in Article 41, paragraph 2, of Council Regulation (EC) No. 1290/2005 of 21 June 2005 relating to the financing of the Common Agricultural Policy (21) or, where applicable, in accordance with the procedure referred to in Article 195, paragraph 2, of Regulation (EC) No. 1234/2007 or to the procedure of relevant committee in accordance with applicable legislation.
(b) Treaty on the Functioning of the European Union, Part III, Part VII, Chapter 1 entitled "Competition rules"
Without prejudice to the procedures for the existing aid regimes provided for in Article 108 of the TFEU, the aid regimes and individual aids granted in respect of activities related to the production or trade of products listed in Annex I of the TEU and the TFEU, with the exception of fishing products and their derivatives, implemented in Croatia prior to the date of accession and always applicable after that date, are considered to be existing as
- these assistance measures are notified to the Commission within four months of the date of accession. The notification includes information on the legal basis for each measure; the existing assistance measures as well as the plans to grant or amend the aids that are notified to the Commission prior to the date of accession are deemed to have been notified to the Commission on the date of accession. The Commission publishes the list of such assistance.
These assistance measures are considered "existing" aids within the meaning of Article 108, paragraph 1, of the TFEU for a period of three years from the date of accession.
Within a period of three years from the date of accession, Croatia amends, if any, these assistance measures to comply with the Commission's directions. At the end of this period, any assistance deemed incompatible with these guidelines is considered a new aid.
4. PCHE
Treaty on the Functioning of the European Union, Part III, Part VII, Chapter 1 entitled "Competition rules"
Without prejudice to the procedures for the existing aid regimes provided for in Article 108 of the TFEU, the aid regimes and individual aids granted in respect of the production and trade activities of the fishery products and their derivatives listed in Annex I to the TEU and the TFEU, implemented in Croatia before the date of accession and still applicable after that date, are considered to be existing aids in the sense
- these assistance measures are notified to the Commission within four months of the date of accession. The notification includes information on the legal basis for each measure; the existing assistance measures as well as the plans to grant or amend the aids that are notified to the Commission prior to the date of accession are deemed to have been notified to the Commission on the date of accession. The Commission publishes the list of such assistance.
These assistance measures are considered "existing" aids within the meaning of Article 108, paragraph 1, of the TFEU for a period of three years from the date of accession.
Within a period of three years from the date of accession, Croatia amends, if any, these assistance measures to comply with the Commission's directions. Once this period has elapsed, any assistance deemed incompatible with these guidelines is considered a new aid.
5. UNION DOUANIERE
Treaty on the Functioning of the European Union, Part 3, Title II entitled "Free Movement of Goods", Chapter 1 entitled "The Customs Union"
31992 R 2913: Commission Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302 of 19.10.1992, p. 1).
31993 R 2454: Commission Regulation (EEC) No. 2454/93 of 2 July 1993 establishing certain provisions for the application of Regulation (EEC) No. 2913/92 establishing the Community Customs Code (OJ L 253 of 11.10.1993, p. 1).
The Commission's regulations (EEC) No. 2913/92 and (EEC) No. 2454/93 apply to Croatia subject to the following specific provisions:
EU CARACTER (COMMERCE IN THE ELARG MEETING)
1. Notwithstanding section 20 of Council Regulation (EEC) No. 2913/92, the goods that, on the date of accession, are in provisional deposit or fall under one of the customs treatments or regimes referred to in Article 4, paragraph 15, point (b), and paragraph 16, points (b) to (h), of that regulation in the enlarged Union, or are in the course of carriage in the enlarged Union after having been declared free of customs
(a) evidence of preferential origin duly issued or established prior to the date of accession under the ASA;
(b) any evidence of the EU character referred to in Article 314quater of Commission Regulation (EEC) No. 2454/93;
(c) an ATA carnet issued prior to the date of accession in a current Member State or in Croatia.
2. For the purpose of issuing the evidence referred to in paragraph 1, point (b), in view of the situation on the date of accession and in addition to the provisions of section 4, paragraph 7, of the Commission's Regulation (EEC) No. 2913/92, the goods are:
- fully obtained in the territory of Croatia under conditions identical to that of Article 23 of Council Regulation (EEC) No 2913/92 and not containing goods imported from other countries or territories;
- imports from countries or territories other than Croatia, and free practice in Croatia; or
- obtained or produced in Croatia, either from goods subject only to the second dash or from goods subject to the first and second dash.
3. For the purposes of verification of the evidence referred to in paragraph 1 (a), the provisions for the definition of "originating products" and administrative cooperation methods in accordance with the ASA are applicable. Requests for a posteriori verification of this evidence are accepted by the competent customs authorities of the current Member States as well as by those of Croatia for a period of three years from the issuance of the evidence of origin concerned and may be submitted by these authorities for a period of three years after the acceptance of the proof of origin supporting a statement of free practice.
FIRST FIRST ORIGINA (COMMERCE WITH TIERS COUNTRIES, INCLUDING TURKEY, IN THE FRAMEWORK OF THE FIRST AGREEMENTS IN AGRICULTURE, CHARBON and SIDERURGIC PRODUCTS)
4. Without prejudice to the application of any measure deriving from the common trade policy, evidence of origin duly issued by third countries in the context of preferential agreements concluded by Croatia with these third countries shall be accepted by Croatia provided that:
(a) the acquisition of this origin confers preferential tariff treatment on the basis of preferential tariff measures in the agreements or regimes that the Union has entered into with those third countries or groups of third countries or that it has adopted in respect of them, as referred to in Article 20, paragraph 3, (d) and (e), of Council Regulation (EEC) No. 2913/92;
(b) proof of origin and transport documents were issued or issued by the day before the date of accession; and
(c) proof of origin shall be submitted to Customs authorities within four months of the date of accession.
Where goods have been declared for free practice in Croatia before the date of accession, proof of origin that has been issued or retroactively established under the preferential agreements in force in Croatia on the date of free practice may also be accepted in Croatia provided that such proof of origin is presented to the customs authorities within four months of the date of accession.
5. Croatia is authorized to maintain the authorizations under which the "approved exporter" status was granted under agreements with third countries, provided that:
(a) that provision is also provided for in agreements or regimes that the Union has entered into with or adopted by third countries or groups of third countries with respect to them before the date of accession; and
(b) Approved exporters shall apply the rules of origin set out in these agreements or regimes.
Within a maximum period of one year from the date of accession, Croatia replaces these authorizations with new authorizations issued under the conditions laid down in EU legislation.
6. For the purposes of verification of the evidence referred to in paragraph 4, the provisions relating to the definition of "originating products" and the methods of administrative cooperation of the relevant agreements or regimes are applicable. Requests for a posteriori verification of this evidence are accepted by the competent customs authorities of the current Member States as well as by those of Croatia for a period of three years following the issuance of the relevant evidence and may be submitted by these authorities for a period of three years after the acceptance of the original evidence supporting a declaration of free practice.
7. without prejudice to the application of any measure deriving from the common trade policy, the evidence of origin issued or retroactively established by third countries in the framework of agreements or preferential regimes that the Union has concluded with these third countries or that it has adopted in respect of them, are accepted in Croatia for the purpose of the free trade of the goods which, at the date of accession, are either in the course of carriage or
(a) the acquisition of this origin confers preferential tariff treatment on the basis of preferential tariff measures in agreements or regimes that the Union has entered into with third countries or groups of third countries or that it has adopted in respect of them, as referred to in Article 20, paragraph 3, (d) and (e), of Council Regulation (EEC) No. 2913/92;
(b) the transport documents were issued no later than the day before the date of accession; and
(c) proof of origin granted or established retroactively shall be submitted to the Customs authorities within four months of the date of accession.
8. For the purposes of verification of the evidence referred to in paragraph 7, the provisions relating to the definition of "originating products" and the methods of administrative cooperation of the relevant agreements or regimes are applicable.
STATUS OF PRODUCTS IN THE TIME OF PROVISIONS RELATING TO THE PRACTIC LIBRE OF INDUSTRIAL PRODUCTS IN THE EU-TURKING UNION
9. The proof of origin duly granted by Turkey or Croatia in the context of preferential trade agreements applied between them and providing for a ban on the return or exemption of the customs duties on the goods concerned, is accepted in the respective countries as proof of the status of the goods under the provisions relating to the free practice of the industrial products provided by decision No. 1/95 of the Council of Association CE-Turkey of 22 December 1995
(a) proof of origin and transport documents have been issued or issued by the day before the date of accession; and
(b) proof of origin shall be submitted to Customs authorities within four months of the date of accession.
Where goods have been declared for free practice in Turkey or Croatia before the date of accession under the preferential trade agreements referred to in the first paragraph, proof of origin that has been issued or retroactively established under these agreements may also be accepted provided that it is submitted to the Customs authorities within four months of the date of accession.
10. For the purposes of verification of the evidence referred to in paragraph 9, the provisions relating to the definition of "originating products" and the methods of administrative cooperation of the relevant preferential agreements are applicable. Requests for a posteriori verification of this evidence are accepted by the competent customs authorities of the current Member States as well as by those of Croatia for a period of three years following the issuance of the relevant evidence and may be submitted by these authorities for a period of three years after the acceptance of the original evidence supporting a declaration of free practice.
11. Without prejudice to the application of any measure deriving from the common trade policy, a Certificate of Movement A.TR issued under the provisions relating to the free practice of industrial products provided for in Decision No. 1/95 is accepted in Croatia for the purpose of the free practice of goods which, at the date of accession, are either being transported in the Union or in Turkey after having been the subject of the customs procedures for export, or on temporary deposit or are subject to
(a) no evidence of origin within the meaning of paragraph 9 has been submitted for the goods concerned;
(b) the goods meet the conditions for the implementation of the provisions on the free practice of industrial products;
(c) the transport documents were issued no later than the day before the date of accession; and
(d) the A.TR traffic certificate shall be submitted to the Customs authorities within four months of the date of accession.
12. For the purposes of verification of the A.TR traffic certificates referred to in paragraph 11, the provisions relating to the issuance of the said certificates and administrative cooperation methods under Decision No. 1/2006 of the CE-Turkey Customs Cooperation Committee of 26 July 2006 on the modalities for the application of Decision No. 1/95 of the CE-Turkey Association Council (23) are applicable.
REGIMES DOUANIERS
13. The temporary deposits and customs regimes referred to in Article 4, paragraph 16, points (b) to (h), Council Regulation (EEC) No. 2913/92 that took place prior to the date of accession shall expire or be purged under the conditions provided for in the Union's legislation.
When the end of the deposit or the termination of the customs regime give rise to a customs debt, the amount of import duties to be paid is the amount in force at the time the customs debt was born in accordance with the common customs tariff and the amount paid is considered to be a specific resource of the Union.
14. The procedures for the customs warehouse regime set out in sections 84 to 90 and 98 to 113 of Council Regulation (EEC) No. 2913/92 and sections 496 to 535 of Commission Regulation (EEC) No. 2454/93 shall apply to Croatia subject to the following specific provisions:
- where the amount of a customs debt is determined on the basis of the nature of the import goods, and when the declaration of placement of these goods under the regime has been accepted before the date of accession, the tariff classification, the quantity, the value for duty and the origin of the goods at the time of their placement under the regime are those resulting from the legislation applicable in Croatia on the date of acceptance of the declaration by the customs authorities.
15. The procedures for the active development regime set out in articles 84 to 90 and 114 to 129 of Council Regulation (EEC) No. 2913/92 and articles 496 to 523 and 536 to 550 of Commission Regulation (EEC) No. 2454/93 shall apply to Croatia subject to the following specific provisions:
- where the amount of a customs debt is determined on the basis of the nature of the import goods and when the declaration of placement of these goods under the regime has been accepted before the date of accession, the tariff classification, the quantity, the value for duty and the origin of the goods at the time of their placement under the regime are those resulting from the legislation applicable in Croatia at the date of acceptance of the declaration by the customs authorities;
- in order to respect the fairness between the holders of the authorization established in the current Member States and those of Croatia, when the bonding gives rise to a customs debt, compensatory interests are paid on the import duties due under the conditions provided by the EU legislation from the date of accession;
- if the declaration of active improvement has been accepted in the context of a system of refunds, the refunds shall be made according to the conditions provided by the EU legislation, by Croatia, where the customs debt that gave rise to the claim for reimbursement was born before the date of accession and the costs of the claim.
16. The procedures for the temporary admission regime set out in sections 84 to 90 and 137 to 144 of Council Regulation (EEC) No. 2913/92 and sections 496 to 523 and 553 to 584 of Commission Regulation (EEC) No. 2454/93 shall apply to Croatia subject to the following specific conditions:
- where the amount of a customs debt is determined on the basis of the nature of the import goods and when the declaration of placement of these goods under the regime has been accepted before the date of accession, the tariff classification, the quantity, the value for duty and the origin of the goods at the time of their placement under the regime are those resulting from the legislation applicable in Croatia at the date of acceptance of the declaration by the customs authorities;
- in order to respect the fairness between the holders of the authorization established in the current Member States and those of Croatia, when the bonding gives rise to a customs debt, compensatory interests are paid on the import duties due under the conditions provided by the EU legislation from the date of accession;
17. The procedures for the passive development regime set out in sections 84 to 90 and 145 to 160 of Council Regulation (EEC) No. 2913/92 and sections 496 to 523 and 585 to 592 of Commission Regulation (EEC) No. 2454/93 apply to Croatia subject to the following specific provisions:
- section 591, paragraph 2, of Commission Regulation (EEC) No. 2454/93 applies mutatis mutandis to temporary export goods that have been temporarily exported from Croatia before the date of accession.
OTHER PROVISIONS
18. The authorizations granted by Croatia before the date of accession for the use of the customs regimes referred to in Article 4, paragraph 16, (d), (e) and (g) or the status of registered economic operator, as provided for in Article 5bis, paragraph 2, of Regulation (EEC) No. 2913/92 of the Council, are valid until the end of their validity or for a year from the date of first accession,
19. The procedures governing the birth of a customs debt, the inclusion and a posteriori recovery, as set out in sections 201 to 232 of Council Regulation (EEC) No. 2913/92 and sections 859 to 876bis of Regulation (EEC) No. 2454/93 are applicable to Croatia subject to the following specific provisions:
- the recovery is carried out according to the conditions provided by the EU legislation. However, when the customs debt was born before the date of accession, the collection is carried out by Croatia and in its favour, according to the conditions provided by the legislation in force in Croatia before accession.
20. The procedures for the reimbursement and remission of rights, as set out in articles 235 to 242 of Council Regulation (EEC) No. 2913/92 and articles 877 to 912 of Commission Regulation (EEC) No. 2454/93 are applicable to Croatia subject to the following specific provisions:
- the refund and remittance of rights shall be made according to the conditions provided for in the EU legislation. However, where the rights subject to a claim for refund or remission refer to a customs debt that was born before the date of accession, the refund and remission of the rights are made by Croatia, at its expense, according to the conditions provided by the legislation in force in Croatia before the accession.

Appendix to ANNEX IV
List of existing aid measures referred to in paragraph 1, item (b),
the existing aid mechanism provided for in section 2
("Competition Policy")
Note: The assistance measures listed in this appendix shall be considered as existing aids for the purposes of the existing aid mechanism referred to in section 2 only to the extent that they fall within the scope of paragraph 1 of this appendix.


Annex V
List referred to in Article 18 of the Agreement: Transitional Measures
1. CRIMINATION OF MARKINGS
32001 L 0083: Directive 2001/83/EC of the European Parliament and the Council of 6 November 2001 establishing a Community Code for Human Drugs (OJ L 311 of 28.11.2001, p. 67).
By derogation from the quality, safety and effectiveness requirements set out in Directive 2001/83/EC, market authorizations granted for drugs that do not fall within the scope of Article 3, paragraph 1, of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 establishing community procedures for authorization and monitoring with respect to drugs for human use and veterinary use, and establishing a European Agency of
The market authorizations covered by this exemption do not benefit from mutual recognition in the Member States until the products concerned have been authorized in accordance with Directive 2001/83/EC.
National market authorizations granted under national law prior to the date of accession and not covered by the exemption and all new market authorizations must, from the date of accession, be in accordance with Directive 2001/83/EC.
2. CIRCULATION OF PERSONS
Treaty on the Functioning of the European Union
31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the detachment of workers carried out as part of a service delivery (OJ L 18 of 21.1.1997, p. 1).
32004 L 0038 : Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and of members of their families to circulate and to remain freely in the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/EEC, 75/EEC, 75/EEC, 75/EEC, 75/35/EEC
32011 R 0492: Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union (OJ L 141 of 27.5.2011, p. 1).
1. Article 45 and Article 56, first paragraph, of the TFEU shall apply fully only subject to the transitional provisions set out in paragraphs 2 to 13 with respect to the free movement of workers and the free provision of services involving temporary movement of workers, as defined in Article 1er of Directive 96/71/EC, between Croatia, on the one hand, and each of the current Member States, on the other.
2. Derogation from articles 1er to 6 of Regulation (EU) No 492/2011 and until the end of a two-year period following the date of accession, the current Member States will apply national measures, or measures resulting from bilateral agreements, which regulate the access of Croatian nationals to their labour market. Current Member States may continue to apply these measures until the end of the five-year period following the date of accession.
Croatian nationals who are legally employed in a current Member State on the date of accession and who are admitted to the labour market of that Member State for an uninterrupted period of twelve months or more may be granted access to the labour market of that Member State, but not to the labour market of other Member States that apply national measures.
Croatian nationals admitted to the labour market of a current Member State following the accession for an uninterrupted period equal to or greater than twelve months also enjoy the same rights.
Croatian nationals referred to in the second and third paragraphs shall cease to be entitled to the rights referred to in those paragraphs if they voluntarily leave the labour market of the current member State in question.
Croatian nationals who are legally employed in a current Member State on the date of accession, or during a period in which national measures are applied, and who are admitted to the labour market of that Member State for a period less than twelve months, do not enjoy the rights referred to in the second and third paragraphs.
3. Before the end of the two-year period following the date of accession, the Commission shall review the operation of the transitional provisions referred to in paragraph 2 on the basis of a report of the Commission.
Once this review has been completed, and no later than the end of the two-year period following the date of accession, the current Member States shall inform the Commission whether they continue to apply national measures or measures resulting from bilateral agreements, or if they now apply articles 1er to 6 of Regulation (EU) No 492/2011. In the absence of this notification, articles 1er to 6 of Regulation (EU) No 492/2011 applies.
4. A further review may take place at the request of Croatia. The procedure provided for in paragraph 3 shall apply and be completed within six months of receipt of the application by Croatia.
5. A Member State now of national measures or measures resulting from bilateral agreements at the end of the five-year period referred to in paragraph 2 may extend them, after warning the Commission, until the end of the seven-year period following the date of accession if its labour market is under or is threatened with serious disruption. In the absence of this notification, articles 1er to 6 of Regulation (EU) No 492/2011 applies.
6. During the seven-year period following the date of accession, the Member States in which, under paragraph 3, 4 or 5, articles 1er to 6 of Regulation (EU) No 492/2011 applies with respect to Croatian nationals, and who issue work permits to Croatian nationals for observation during that period, will automatically do so.
7. Member States in which, under paragraph 3, 4 or 5, articles 1er to 6 of Regulation (EU) No 492/2011 applies with respect to Croatian nationals, may use the procedures set out in the second and third paragraphs of this paragraph until the end of the seven-year period following the date of accession.
When a member State referred to in the first paragraph suffers or anticipates disruption in its labour market that could seriously threaten the level of living or employment in a given region or profession, it shall notify the Commission and other Member States by providing all relevant indications. On the basis of these indications, the Member State may request the Commission to declare that the application of articles 1er to 6 of Regulation (EU) No 492/2011 is completely or partially suspended to ensure the recovery of the situation in that region or profession. The Commission shall decide on the suspension, as well as the duration and scope of the suspension, no later than two weeks after having been seized of the application and shall inform the Council of its decision. Within two weeks after the Commission has taken its decision, any Member State may request the annulment or amendment of that decision by the Council. The Commission shall decide on this application by a qualified majority within two weeks.
In urgent and exceptional cases, a member State referred to in the first paragraph may suspend the application of articles 1er 6 of Regulation (EU) No 492/2011; it then forwards a reasoned notification to the Commission.
8. As long as the application of articles 1er to 6 of Regulation (EU) No 492/2011 is suspended under paragraphs 2 to 5 and 7, Article 23 of Directive 2004/38/EC applies, with respect to the right of members of the family of workers to work in Croatia with respect to nationals of the current Member States and in the current Member States with respect to Croatian nationals, under the following conditions:
- the spouse of a worker and their descendants of less than twenty and one year or dependent who legally reside with the worker in the territory of a Member State on the date of accession have immediate access to the labour market of that Member State from that date. This provision is not applicable to family members of a worker legally admitted to the labour market of that Member State for a period of less than 12 months;
- the spouse of a worker and their descendants of less than twenty-one years or dependants who legally reside with the worker in the territory of a Member State from a later date on the date of accession, but during the period of application of the aforementioned transitional provisions, have access to the labour market of the Member State concerned when they have been resident in that Member State for at least eighteen months or from the third year
These provisions are without prejudice to more favourable measures, whether national measures or measures resulting from bilateral agreements.
9. To the extent that the provisions of Directive 2004/38/EC that revert to the provisions of Council Directive 68/360/EEC of 15 October 1968 relating to the removal of restrictions on the movement and residence of workers of member States and their families within the Community (25) cannot be separated from those of Regulation (EU) No 492/2011 whose application is deferred under paragraphs 2 to 5, 7 and
10. Where national measures or measures resulting from bilateral agreements are applied by the current Member States under the above-mentioned transitional provisions, Croatia may maintain equivalent measures in force with respect to nationals of the Member State or the Member States in question.
11. A current Member State that applies national measures in accordance with paragraphs 2 to 5 and 7 to 9 may decide, in accordance with its domestic law, to grant greater freedom of movement than that existing on the date of accession, including full access to the labour market. From the third year following the date of accession, a current Member State that applies national measures may decide at any time to apply articles 1er to 6 of Regulation (EU) No 492/2011 instead of these measures. The Committee was informed of that decision.
12. To deal with serious disruptions or threats of serious disruption in certain sensitive sectors of labour market services in Germany and Austria that may arise in some regions as a result of a provision of transnational services, as defined in Article 1er of Directive 96/71/EC, and as long as they apply to the free movement of Croatian workers, under the aforementioned transitional provisions, national measures or measures resulting from bilateral agreements, Germany and Austria may, after warning the Commission, derogate from Article 56, first paragraph, of the TFEU to limit, in the context of the provision of services by companies established in Croatia, the movement of temporary workers to
The list of services sectors that may be affected by this exemption is as follows:
- in Germany:

(*) NACE: see 31990 R 3037: Council Regulation (EEC) No. 3037/90 of 9 October 1990 on the statistical nomenclature of economic activities in the European Community (OJ L 293 of 24.10.1990, p. 1);
- in Austria:

(*) NACE: see 31990 R 3037: Council Regulation (EEC) No. 3037/90 of 9 October 1990 on the statistical nomenclature of economic activities in the European Community (OJ L 293 of 24.10.1990, p. 1).
To the extent that Germany or Austria derogates from Article 56, first paragraph, of the TFEU in accordance with the first and second paragraphs of this paragraph, Croatia may, after informing the Commission, take equivalent measures.
The application of this paragraph does not create, for the temporary movement of workers in the context of the provision of transnational services between Germany or Austria and Croatia, conditions that are more restrictive than those existing on the date of the signing of the accession treaty.
13. The application of paragraphs 2 to 5 and 7 to 11 does not create more restrictive conditions of access to the labour market of the current Member States for Croatian nationals than those existing on the date of the signing of the accession treaty.
Notwithstanding the application of the provisions set out in paragraphs 1 to 12, the current Member States give preference to workers who are nationals of the Member States rather than workers who are nationals of third countries with regard to access to their labour market during periods of application of national measures or measures resulting from bilateral agreements.
Croatian migrant workers and their families who legally reside and work in another Member State or migrant workers from other Member States and their families who legally reside and work in Croatia are not treated more restrictively than those who come from a third State and who reside and work in that Member State or in Croatia, as the case may be. Moreover, according to the EU preference principle, migrant workers from third countries who reside and work in Croatia are not treated more favourably than Croatian nationals.
3. CAPITAL CRIMINATION
Treaty on the European Union and Treaty on the Functioning of the European Union
Notwithstanding the obligations provided for by the treaties on which the European Union is founded, Croatia may maintain in force for a period of seven years from the date of accession the restrictions provided for in its agricultural land law (Narodne novine 152/08) in force at the time of the signing of the accession treaty, with regard to the acquisition of agricultural land by nationals of other Member States, by EEAs However, in no case, with respect to the acquisition of agricultural land, a national of a Member State or a legal person constituted in accordance with the law of another Member State may be treated in a less favourable manner than a national or that such a legal person would have been treated on the date of the signing of the accession treaty or in a more restrictive manner than a national or a legal person of a third country.
Independent farmers who are nationals of another Member State and who wish to settle and reside in Croatia are not subject to the provisions referred to in the first paragraph or to rules and procedures other than those applicable to Croatian nationals.
A general review of this transitional measure is conducted before the end of the third year following the date of accession. To that end, the Commission submits a report to the Council. Unanimous on the Commission's proposal, the Commission may decide to shorten or terminate the transitional period referred to in the first paragraph.
If there is sufficient evidence that, at the end of the transitional period, there will be serious imbalances or a threat of serious imbalance in the Croatian agricultural market, the Commission, at the request of Croatia, makes a decision regarding the extension of this transitional period for a period of three years. This extension may be limited to specific geographic areas.
4. AGRICULTURE
I. ACHIEVEMENTS FOR CROATIA
1. 32001 L 0113: Council Directive 2001/113/EC of 20 December 2001 on jams, frosts and fruit marmelades, as well as brown cream, intended for human food (OJ L 10 of 12.1.2002, p. 67):
By derogation from the obligation set out in Article 8, the marketing of products designated as "doma[fs]a marmelada" or "ekstra doma[fs]a marmelada" is permitted on the Croatian market until the stock has been exhausted at the date of accession.
2. 32006 R 0510: Regulation (EC) No 510/2006 of the Council of 20 March 2006 concerning the protection of geographical indications and labels of origin of agricultural products and foodstuffs (OJ L 93 of 31.3.2006, p. 12 and OJ L 335 M of 13.12.2008, p. 213) :
(a) In Article 5, paragraph 8, the second paragraph shall be replaced by the following text:
"Bulgaria, Romania and Croatia shall bring into force the above-mentioned legislative, regulatory or administrative provisions no later than one year after the date of their respective accession. » .
(b) In Article 5, paragraph 11, the first paragraph shall be replaced by the following text:
« 11. With regard to Bulgaria, Romania and Croatia, the geographical indications and national designations existing on the date of accession of these countries can continue to be used twelve months from their respective date of accession. » .
3. 32007 R 1234: Council Regulation (EC) No. 1234/2007 of 22 October 2007 concerning the joint organization of markets in the agricultural sector and specific provisions with regard to certain products of this sector (Unique CMO Regulation) (OJ L 299 of 16.11.2007, p. 1):
(a) In section 118quaterdecies, the following paragraph is added:
« 5. By derogation from paragraphs 1 to 4, Croatia is authorized to place on its national market or to export to third countries wines bearing the name "Mlado vino portugizac" until the stock has been exhausted at the date of accession. Croatia sets up a computerized database with information on existing stocks at the date of accession and ensures that these stocks are verified and reported to the Commission. » .
(b) In section 118vicies, the following paragraph is added:
« 5. For Croatia, the names of wines published in OJ C 116 of 14 April 2011 are protected under these regulations, subject to a favourable outcome of the opposition proceedings. The Commission shall record them in the register provided for in section 118quindecies.
Paragraphs 2 to 4 apply, subject to the following: The period referred to in paragraph 3 is one year from the date of accession of Croatia. The period referred to in paragraph 4 is four years from the date of accession of Croatia. » .
4. 32009 R 0073: Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending regulations (EC) No. 1290/2005, (EC) No. 247/2006 and (EC) No. 378/2007, and repealing Regulation (EC) No. 1782/2003
(a) By derogation from the requirement, set out in section 4, paragraph 1, of Regulation (EC) No. 73/2009, to comply with the regulatory requirements for management set out in Schedule II of these Regulations, farmers in Croatia receiving direct payments include in the scope of application of conditionality the regulatory requirements for management set out in Schedule II, points A, B and C, in accordance with the following schedule: effective 1er January 2014 for item A, starting from 1er January 2016 for item B and starting 1er January 2018 for Point C.
(b) In Regulation (EC) No 73/2009, in Title V, after Chapter 1, the title of chapter and the following article are inserted:
« CHAPTER 1bis
Single payment regime
Article 121bis
Single payment scheme in Croatia
For Croatia, the application of sections 4, 5, 23, 24 and 25 is optional until December 31, 2013, provided that these provisions relate to regulatory requirements for management. From 1er January 2014, any farmer receiving payments under the Single Payment Plan in Croatia meets the management regulatory requirements set out in Schedule II in accordance with the following schedule:
a) the requirements set out in Appendix II, item A, apply from 1er January 2014;
(b) the requirements set out in Appendix II, item B, apply from 1er January 2016;
(c) the requirements set out in Appendix II, point C, apply from 1er January 2018. "
II. CONTINGENT TARIFAIRE TRANSITOIRE POUR LE SUCRE DE CANNE BRUT
FINS OF RAFFINAGE
An annual autonomous import quota erga omnes of 40,000 tonnes of raw cane sugar for refinement is reserved for Croatia for a period that can cover the first three marketing campaigns following its accession, with a right to import of EUR 98.00 per ton. In the event that compensation negotiations with other members of the World Trade Organization within the framework of Article XXIV.6 of the general agreement on tariffs and trade as a result of the accession of Croatia, were to result in the opening of compensatory sugar quotas before the end of the transitional period, the quota of 40,000 tonnes granted to Croatia will be eliminated, in whole or in part, to the compensatory sugar quotas granted to Croatia. The Commission shall adopt the necessary measures of application in accordance with the procedure referred to in Article 195, paragraph 2, of Council Regulation (EC) No 1234/2007, in conjunction with Article 13, paragraph 1, point (b), of the European Parliament and Council Regulation (EU) No. 182/2011.
III. MEASUREMENTS FOR DIRECT PAYMENT MATTER
CROATIA
The reimbursement of direct payments granted to farmers for the year 2013 is subject to the application by Croatia, prior to its accession, of rules identical to those provided for this type of direct payments in the Council Regulation (EC) No 73/2009 and in the Regulation (EC) No 1120/2009 of the Commission of 29 October 2009
5. Food Safety, Veterinary Policy
and phytosanitary
I. PEOPLE PONDEUSES
31999 L 0074: Council Directive 1999/74/EC of 19 July 1999 establishing minimum standards for the protection of laying hens (OJ L 203 of 3.8.1999, p. 53).
By derogation from section 6 of Council Directive 1999/74/EC, with respect to Croatia, the weighted hens in the deck period at the date of accession may be raised in cages not in accordance with the structural requirements of the article. Croatia ensures that these cages cease to be used no later than 12 months after membership.
Eggs from these unappointed cages are marketed exclusively on the Croatian national market. These eggs and their packaging are clearly identified by a special marking, which allows for the necessary controls. A clear description of this special marking is communicated to the Commission no later than one year before the date of accession.
II. STANDARDS (VIANDE, milk, fish and animal by-products)
32004 R 0852: Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 concerning the hygiene of foodstuffs (OJ L 139 of 30.4.2004, p. 1).
32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and Council of 29 April 2004 establishing specific rules of hygiene applicable to food of animal origin (OJ L 139 of 30.4.2004, p. 55).
32009 R 1069: Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 establishing sanitary rules for by-products animals and products derived not for human consumption and repealing Regulation (EC) No. 1774/2002 (rules on animal by-products) (OJ L 300 of 14.11.2009, p. 1):
1. The expected structural requirements:
(a) by Regulation (EC) No 852/2004 of the European Parliament and the Council:
- in Appendix II, Chapter II;
(b) by Regulation (EC) No. 853/2004 of the European Parliament and the Council:
- in annex III, section I, chapters II and III,
- in annex III, section II, chapters II and III,
- in Appendix III, section V, chapter I;
(c) by Commission Regulation (EU) No. 142/2011 of 25 February 2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and the Council establishing sanitary rules applicable to animal by-products and derivatives not intended for human consumption and applying Council Directive 97/78/EC with respect to certain samples and articles exempted from veterinary controls carried out at the borders under this Directive (29):
- in Appendix IV, Chapter I,
- in Annex IX, Chapters I, II and III,
- in Appendix X, chapters I and II, and
- Appendix XIII,
does not apply to certain establishments in the meat, milk, fish and animal by-product sectors in Croatia until December 31, 2015, subject to the conditions set out below.
2. As long as the establishments referred to in paragraph 1 benefit from the said paragraph, the proceeds from these establishments are exclusively marketed on the Croatian national market or on the markets of third countries in accordance with the applicable EU legislation or subject to further processing in establishments located in Croatia also governed by paragraph 1, regardless of the date of marketing.
3. Foods from establishments referred to in paragraph 1 bear a marking of safety or identification different from that provided for in section 5 of Regulation (EC) No 853/2004. A clear description of this safety or identification marking is communicated to the Commission no later than one year before the date of accession.
4. Subsections 2 and 3 also apply to all products from an integrated establishment in the field of meat, milk and fish when a portion of the establishment is subject to paragraph 1.
5. Croatia ensures continuous monitoring of the implementation of the national institutional modernization programme and provides the Commission with an annual development plan in this regard. Croatia ensures that a specific modernization plan for each of these establishments, providing time frames for adapting to structural requirements, is developed and made available to the Commission upon request.
6. In due course prior to membership, the Commission draws up a list of establishments referred to in paragraph 1. This list is made public and indicates the name and address of each institution.
7. Croatia shall ensure that any establishment that, on the date of accession, does not fully comply with the Union's health safety obligations, except where it is covered by the provisions of this transitional measure, terminates its activities.
8. Methods of application guaranteeing the proper functioning of the transitional regime with respect to regulations (EC) No 852/2004 and No 853/2004 may be adopted in accordance with Article 12, second paragraph, and Article 9, second paragraph, respectively, of these regulations.
9. Methods of application guaranteeing the proper functioning of the transitional regime with respect to Regulation (EC) No 1069/2009 may be adopted in accordance with Article 52, paragraph 4, of that Regulation.
III. Seed marketing
32002 L 0053: Council Directive 2002/53/EC of 13 June 2002 on the Common Catalogue of Varieties of Agricultural Plants (OJ L 193 of 20.7.2002, p. 1).
32002 L 0055: Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193 of 20.7.2002, p. 33):
Croatia may defer until 31 December 2014 the application of Article 4, paragraph 1, of Directive 2002/53/EC and Article 4, paragraph 1, of Directive 2002/55/EC with regard to the marketing of seed in its territory of the varieties in its respective national catalogues of varieties of agricultural plant species and varieties of vegetable plant species that have not been formally accepted in accordance with these guidelines. During this period, these seeds are not marketed in the territory of other Member States.
IV. NEUM
31997 L 0078: Council Directive 97/78/EC of 18 December 1997 establishing the principles for the organization of veterinary controls for products from third countries introduced into the Community (OJ L 24 of 30.1.1998, p. 9):
Article 1er is replaced by the following:
“Article 1
1. The Member States shall conduct veterinary controls on products from third countries, introduced on one of the territories listed in Annex I, in accordance with this Directive and Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls carried out to ensure compliance with the legislation on animal and foodstuffs and with the provisions on animal health and the well-being of animals*.
2. By derogation from paragraph 1, lots of products from the territory of Croatia and transiting through the territory of Bosnia and Herzegovina to Neum ("Neum Corridor") before being reintroduced to the territory of Croatia by the entry points of Klek or Zaton Doli, may be exempted from veterinary controls subject to the following conditions:
(a) Croatia shall have, by the date of accession, points of entry north and south of the Neum corridor with all the equipment and personnel required and ready to meet the requirements of this paragraph;
(b) Croatia shall ensure that:
(i) only closed vehicles are used for the carriage of lots;
(ii) vehicles carrying lots are protected by numbered seals uniquely before transiting through the Neum corridor;
(iii) a register is established specifying the connection between numbered seals and vehicles, which allows for the necessary controls;
(iv) the date and time at which vehicles carrying the lots leave and are reintroduced from the territory of Croatia are registered, so as to allow the calculation of the total length of transit;
(c) Croatia shall not authorize the reintroduction of a lot in its territory:
(i) where the seal of a vehicle has been broken or replaced during transit by the Neum corridor; and/or
(ii) where the total transit time is significantly greater than a total acceptable transit time, taking into account the total transit distance, unless the competent authority has conducted an assessment of the risks to animal and public health and has adopted effective, proportionate and targeted measures based on that assessment;
(d) Croatia shall regularly and as necessary inform the Commission of any failure to comply with the requirements referred to in (b) and the measures taken under (c);
(e) where appropriate, a decision to suspend or repeal the derogation from paragraph 1 is adopted in accordance with the procedure provided for in article 29;
(f) where applicable, terms and conditions of application may be adopted for the implementation of this paragraph, in accordance with the procedure provided for in Article 29.
* OJ L 165 of 30.4.2004, p. 1. » .
6. PCHE
32006 R 1967: Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable use of fishing resources in the Mediterranean and amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409 of 30.12.2006, p. 11, corrigendum in OJ L 36 of 8.2.2007, p. 6):
(a) By derogation from Article 13, paragraphs 1 and 2, registered and operated vessels operating only in the Western Istria region are temporarily allowed, until June 30, 2014, to use, at a depth of less than 50 metres, bottom trawlers at a minimum distance of 1.5 miles from the coast.
This exemption applies in the area called Western Istria and defined by a line going north and a line going west from a point where the geographic coordinates are as follows: latitude 44.52135° North and longitude 14.29244° East.
For vessels less than 15 metres above all, Croatia is temporarily authorized, until 30 June 2014, to use, at more than 50 metres in depth, bottom trawlers at a minimum distance of 1 nautical mile from the coast, all other spatial and temporal restrictions applied at the date of accession being maintained.
(b) By derogation from section 17, paragraph 1, a limited number of non-commercial fishing vessels that constitute "small-scale artisanal fishing for personal use", not exceeding two thousand vessels, is authorized to use a maximum of 200 metres of high-nets up to December 31, 2014, provided that all other restrictions in force on the date of accession continue to apply. Croatia will communicate to the Commission, by the date of its accession, the list of vessels concerned by this transitional period, including their characteristics and capacity, expressed in gross tonnage (GT) and power (kW).
7. TRANSPORT POLICY
1. 31992 R 3577: Council Regulation (EEC) No. 3577/92 of 7 December 1992 concerning the application of the principle of the free movement of services to marine transport within the Member States (maritime transport) (OJ L 364 of 12.12.1992, p. 7):
In Article 6, the following paragraphs are added:
“4. By derogation from Article 4, paragraph 1, second paragraph, public service contracts entered into before the date of Croatia's accession may continue to apply until 31 December 2016.
5. By derogation from Article 1er, paragraph 1, until 31 December 2014, the cruise services provided between Croatian ports by vessels of less than 650 gross tons are reserved for vessels registered in Croatia and flying Croatian flag, provided by shipping companies established in accordance with Croatian legislation, the main establishment of which is located in Croatia and whose effective control is exercised in Croatia.
6. By derogation from Article 1er, paragraph 1, during the current transitional period until 31 December 2014, the Commission may, at the motivated request of a Member State, decide, within thirty working days after the receipt of the application in question, that vessels covered by the exemption provided for in paragraph 5 of this article shall not offer a cruise service between the ports of certain regions of a Member State other than Croatia if it is shown that such services seriously disrupt or are at risk of internal transport. If, at the end of the thirty working days period, the Commission has made no decision, the Member State concerned is entitled to apply safeguards until the Commission has decided. In the event of an emergency, the Member State may unilaterally adopt appropriate interim measures that may remain in force for a maximum period of three months. The member State shall forthwith inform the Commission. The Commission may repeal or confirm these measures until it makes its final decision. Member States are informed of this. » .
2. 32009 R 1072: Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market for the international carriage of goods by road (refonte) (OJ L 300 of 14.11.2009, p. 72):
By derogation from section 8 of Regulation (EC) No 1072/2009, the following elements apply:
- for a period of two years from the date of accession of Croatia, the enterprises established in that country will be excluded from the cabotage in the other Member States;
- for a period of two years from the date of accession of Croatia, the other Member States may notify the Commission if they intend to extend the transitional period referred to in the first dash for a maximum of two years or to apply Article 8 with respect to the enterprises established in Croatia. In the absence of such notification, section 8 applies;
- any of the current Member States may, at any time during the two-year period from the date of accession of Croatia, notify the Commission of its intention to apply Article 8 with respect to the enterprises established in Croatia;
- only carriers established in the Member States in which Article 8 applies in respect of the companies established in Croatia may carry out coastal transport in Croatia;
- for a period of four years from the date of accession of Croatia, any Member State applying Article 8 may, in the event of a serious disruption in its national market or in certain segments of its market, due to the activity of cabotage or aggravated by it, for example a serious surplus of the offer in relation to the demand or a threat to the financial balance or the survival of a significant number of transport companies In this case, section 10 applies.
Member States applying the transitional measure referred to in the first and second dashes of the first paragraph can gradually exchange cabotage authorizations on the basis of bilateral agreements with Croatia.
The transitional regimes referred to in the first and second paragraphs do not, for Croatian carriers, result in access to cabotage in Member States more restrictive than that which existed at the time of the signing of the accession treaty.
8. FISCALITY
1. 31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316 of 31.10.1992, p. 8):
In section 2, paragraph 2, the following paragraph is added:
"A transitional period expiring December 31, 2017 is granted to Croatia to meet the requirements set out in the first and second paragraphs. However, from 1er January 2014, excise is not less than EUR 77 per 1,000 cigarettes, regardless of the weighted average retail price. » .
2. 32006 L 0112: Council Directive 2006/112/EC of 28 November 2006 on the Common Value Added Tax System (OJ L 347 of 11.12.2006, p. 1):
(a) In section 13, paragraph 2 is replaced by the following text:
“2. Member States may consider as activities of the public authority the activities of public law bodies, when exempted under sections 132, 135, 136 and 371, sections 374 to 377, article 378, paragraph 2, of article 379, paragraph 2, or articles 380 to 390quater. » .
(b) In section 80, paragraph 1, item (b) is replaced by the following text:
"(b) where the counterparty is less than the normal value and that the supplier or supplier is not entitled to deduct fully the VAT under sections 167 to 171 and sections 173 to 177 and that the delivery or delivery is exempted under sections 132, 135, 136, 371, 375, 376 and 377, of section 378, paragraph 2, of section 390, and "
(c) In section 136, item (a) is replaced by the following text:
"(a) deliveries of goods that were assigned exclusively to an exempt activity under sections 132, 135, 371, 375, 376 and 377, section 378, paragraph 2, section 379, paragraph 2, and sections 380 to 390quater, if such goods were not subject to a deduction right; "
(d) In section 221, paragraph 3 is replaced by the following text:
“3. the Member States may exempt from the obligation under section 220, paragraph 1, or section 220bis to issue an invoice for the deliveries of goods or services they perform on their territory and that are exempted, with or without the right to deduction from the VAT paid at the earlier stage, in accordance with sections 110 and 111, from section 125, paragraph 1, to section 127, to section 13577, » .
(e) The following article is inserted:
“Article 390quater
Croatia may, under the conditions that existed in that Member State on the date of its accession, continue to exempt the following:
(a) the delivery of building land, with or without built buildings, in section 135, paragraph 1, point (j), and in annex X, part B, point 9), non-renewable, until December 31, 2014;
(b) the international transport of persons listed in Annex X, Part B, item 10), as long as the same exemption is applied in one of the Member States that form part of the Union before Croatia's accession. "
(f) Section 391 is replaced by the following text:
“Article 391
The Member States that exempt the transactions referred to in Articles 371, 375, 376 and 377, Article 378, paragraph 2, Article 379, paragraph 2, and Articles 380 to 390quater, may grant the subject-matter the power to opt for the taxation of such transactions. » .
(g) The title of Appendix X (also in the table of contents) is replaced by the following title:
"LIST OF OPERATIONS RELATING TO THE OJECT OF DEROGATIONS IN ARTICLES 370 AND 371 AND ARTICLES 375 A 390quater".
9. LIBERTE, SECURITY AND JUSTICE
32006 R 0562: Regulation (EC) No 562/2006 of the European Parliament and the Council of 15 March 2006 establishing a Community Code for the Crossing of Borders by Persons (Schengen Border Code) (OJ L 105 of 13.4.2006, p. 1):
The following article is inserted:
« Article 19bis
By derogation from the provisions of these Regulations relating to the establishment of border crossing points, and up to the entry into force of a Council decision on the application of all the provisions of the Schengen acquis in Croatia, in accordance with Article 4, paragraph 2, of the act of accession or until such regulation is amended to include provisions governing border control at the common border crossing points, the date of At these common border crossing points, the border guards of one party carry out entry and exit controls on the territory of the other party. All entry and exit controls carried out by Croatian border guards must be carried out in accordance with the acquis of the Union, including with regard to the obligations of the Member States with respect to international protection and non-refoulement. Relevant bilateral agreements establishing common border crossing points are, if necessary, amended to that effect. » .
10. ENVIRONMENT
I. Horizontal legislation
1. 32003 L 0087: Directive 2003/87/EC of the European Parliament and the Council of 13 October 2003 establishing a system for the exchange of greenhouse gas emission quotas in the Community and amending Council Directive 96/61/EC (OJ L 275 of 25.10.2003, p. 32):
(a) With regard to the inclusion of all flights between two aerodromes located on Croatian territory, as well as all flights between an aerodrome located on Croatian territory and an aerodrome located in a country outside the EEA (hereinafter referred to as "additional air activities"), the following provisions apply:
(i) by derogation from Article 3quater, paragraph 2, the period referred to in Article 13, paragraph 1 and beginning at 1er January 2013 starts 1er January 2014 for additional air activities;
(ii) by derogation from Article 3quater, paragraph 4, the Commission shall determine, at the end of the procedure referred to in the same provision, the historical emissions of aviation for additional air activities within six months from the date of accession;
(iii) by derogation from Article 3 quinquies, paragraph 2, from 1er January 2014, the percentage of the quotas to be auctioned for additional air activities is the portion of the quotas that remain after calculating the number of quotas to be issued free of charge under Article 3 sexies, paragraph 3, point d), and the number of quotas to be set aside in a special reservation under Article 3 septies;
(iv) by derogation from Article 3 quinquies, paragraph 3, the aviation emissions allocated for additional air activities are decided by the Commission for the 2010 reference year on the basis of the best available data. The number of quotas to be auctioned by the Member States whose total aviation emissions are attributed to those of flights from a Croatian aerodrome is adjusted from 1er July 2013, in order to repay Croatia the auction fees for these emissions;
(v) by derogation from Article 3 sexies, paragraph 1, the year of surveillance for additional air activities is 2012 and any request for allocation of quotas is submitted to the competent Croatian authorities by 31 March 2013;
(vi) by derogation from Article 3 sexies, paragraph 2, Croatia shall submit to the Commission requests for additional air activities by 1er July 2013;
(vii) by derogation from Article 3 sexies, paragraph 3, the Commission shall adopt, by 30 September 2013, a decision on the aspects referred to in its items (a) to (e), concerning additional air activities;
(viii) by derogation from article 3 sexies, paragraph 3, point (d), with respect to additional air activities, the number of quotas to be issued free of charge shall be calculated by multiplying the reference referred to in point (e) by the sum of the tons-kilometres recorded in the applications submitted to the Commission in accordance with article 3sexies, paragraph 2, adjusted to take into account the average evolution of the EEC levels of the air operations The repository may, if necessary, be subject to a uniform correction factor to be applied by the Commission;
(ix) by derogation from article 3 sexies, paragraph 3, with respect to additional air activities, the reference referred to in point (e) is the same as that calculated for air activities covered by the ESCWA from 1er January 2012;
(x) by derogation from Article 3 sexies, paragraph 5, the date of issuance of quotas for additional air activities is 28 February 2014;
(xi) by derogation from Article 3 septies, with respect to additional air activities, any reference to the second calendar year of the period beginning in 2013 is a reference to 2014 and any reference to the third calendar year of that period is a reference to 2015;
(xii) by derogation from article 14, paragraph 3, with respect to additional air activities, the date fixed is 1er July 2013;
(xiii) by derogation from Article 18bis, paragraph 1, the reassignment of the administrative responsibilities of the air operators to Croatia shall take place during the year 2014, after the operator's compliance with the 2013 obligations, unless a different date is agreed between the former responsible authority and Croatia, following an application by the air operator within six months of the publication by the Commission of an update of the operators holding In this case, reassignment will take place no later than 2020 for the exchange period beginning in 2021;
(xiv) by derogation from Annex I, item 6, the additional air activities are included from 1er January 2014.
(b) Without prejudice to the above-mentioned exemptions, Croatia implements the necessary legislative, regulatory and administrative provisions to ensure that it is able to comply with this directive throughout 2013 from the date of accession.
2. 32010 R 0920: Commission Regulation (EU) No. 920/2010 of 7 October 2010 concerning a standardized and secure registry system in accordance with European Parliament and Council Directive 2003/87/EC and Decision No. 280/2004/EC of the European Parliament and Council (OJ L 270 of 14.10.2010, p. 1):
Sections 16, 29, 41, 46 and 54, and Annex VIII, concerning air activities, apply to Croatia from 1er January 2014.
II. AIR QUALITY
32008 L 0050: Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 concerning ambient air quality and clean air for Europe (OJ L 152 of 11.6.2008, p. 1).
(a) By derogation from Appendix XIV, the reference year referred to in point A, first paragraph, is the second year following the end of the year of Croatia's accession. The average exposure indicator for this reference year is the average concentration of the membership year and the next two years.
(b) By derogation from Appendix XIV, point B, the exposure reduction objective is calculated based on the average exposure indicator for the reference year, which is the second year after the end of the year of Croatia's accession.
III. MANAGEMENT OF BUSINESS
31999 L 0031: Council Directive 1999/31/EC of 26 April 1999 on waste disposal (OJ L 182 of 16.7.1999, p. 1):
(a) By derogation from items (a), (b) and (c) of section 5, paragraph 2, first paragraph, the requirement to reduce the quantity of biodegradable municipal waste released to 75%, 50% and 35% (by weight) of all biodegradable municipal waste produced in 1997 applies in Croatia, in accordance with the deadlines indicated below.
Croatia ensures a gradual reduction in the amount of biodegradable municipal waste released in accordance with the following scheme:
(i) by 31 December 2013, the share of biodegradable municipal waste released is reduced to 75% (by weight) of all biodegradable municipal waste produced in 1997;
(ii) by 31 December 2016, the share of biodegradable municipal waste released is reduced to 50% (by weight) of all biodegradable municipal waste produced in 1997;
(iii) By December 31, 2020, the share of biodegradable municipal waste released is reduced to 35% (by weight) of the total biodegradable municipal waste produced in 1997.
(b) By derogation from section 14, point (c), all existing landfills in Croatia comply, by December 31, 2018, with the exception of those set out in Appendix I, item 1.
Croatia ensures a gradual reduction in the volume of waste dumped at existing non-compliant facilities in accordance with the following annual maximum quantities:
- by 31 December 2013: 1,710,000 tons,
- by 31 December 2014: 1,410 000 tons,
- by December 31, 2015: 1,20,000 tonnes,
- by December 31, 2016: 1,010 000 tons,
- by December 31, 2017: 800,000 tonnes.
At the latest on 31 December of each year, starting in its year of accession, Croatia provides the Commission with a report on the progressive implementation of the Directive and the implementation of the intermediate objectives.

For the consultation of the table, see image
VI. CHEMICALS
32006 R 1907: Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, assessment and authorization of chemical substances, as well as the restrictions applicable to these substances (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Regulation (EEC) No 793/93 of the Council and Regulation (EC) No. 1488/EEC
(a) By derogation from Article 23, paragraphs 1 and 2, and Article 28 concerning the fixing of the time limit for the registration and pre-registration of the substances mentioned therein, importers and producers of articles established in Croatia shall be granted a six-month adaptation period, from the date of accession, for the prior registration of substances benefiting from a transitional regime. The dates of the first two registration periods referred to in Article 23, paragraphs 1 and 2, fall after a twelve-month period from the date of accession.
(b) Sections 6, 7, 9, 17, 18 and 33 do not apply in Croatia for a period of six months, from the date of accession.
(c) By derogation from the transitional provisions for substances set out in Annex XIV, if the last application date falls before the date of accession or if it falls less than six months after the date of accession, Croatia is granted a six-month adaptation period, from the date of accession, to send applications for authorization.

Appendix to ANNEXE V
List (*), provided by Croatia, drugs for which a marketing authorization issued under Croatian legislation prior to the date of accession remains valid until it is renewed in accordance with the acquis of the Union or until 30 June 2017, if the latter maturity is closest
The listing of a drug on this list does not in itself indicate whether or not it is in conformity with the Union's acquis.
(*) See JO C ....

Annex VI
Rural development (see article 35, paragraph 2, of the act of accession)
SUPPLEMENTARY MEASURES FOR RURAL DEVELOPMENT
A. Assistance to semi-substress farms under restructuring
In the rural development legislative framework for the 2014-2020 programming period, with respect to Croatia, special assistance for semi-substress farms is granted, in accordance with the principles set out in section 34 of Council Regulation (EC) No 1698/2005, for applications approved by 31 December 2017, to farmers provided that no other general measures and/or similar assistance are provided for in the new development regulation for 2014-2020.
B. Producer groups
In the rural development legislative framework for the programming period 2014-2020, with respect to Croatia, special assistance to facilitate the creation of producer groups and their administrative functioning is granted, in accordance with the principles defined in Article 35 of Regulation (EC) No 1698/2005 of the Council, to producer groups officially recognized by the Croatian competent authority no later than 31 December 2017, provided that no other general measures and/or similar development are provided
C. Leader
In the rural development legislative framework for the 2014-2020 programming period, with respect to Croatia, the Feader's minimum contribution to the rural development programme as a Leader is set at an average level representing at least half of the percentage of the budget that will be applicable to other EU Member States, in case such a requirement is set.
D. Supplementary direct payments
1. Assistance may be granted to operators who may benefit from additional national direct payments or assistance under section 132 of Council Regulation (EC) No. 73/2009.
2. The amount of assistance provided to an operator for the years 2014, 2015 and 2016 must not exceed the difference between:
(a) the level of direct payments applicable to Croatia for the year concerned in accordance with section 121 of Council Regulation (EC) No. 73/2009; and
(b) 45% of the level of direct payments applicable to the Union in its composition as at 30 April 2004 for the year concerned.
3. The Union's contribution to the support given to Croatia under this sub-section D for each of the years 2014, 2015 and 2016 does not exceed 20% of its respective annual allocation for the Feader.
4. The Union's contribution rate for supplementary direct payments does not exceed 80%.
E. Instrument for Pre-Accession Assistance - Rural Development
1. Croatia may continue to enter into contracts or make commitments under the IPARD Program under Commission Regulation (EC) No. 718/2007 of 12 June 2007 pursuant to Council Regulation (EC) No. 1085/2006 establishing an instrument of pre-accession assistance (IAP) (30) until it begins to enter into contracts or make commitments under the relevant Rural Development Regulations. Croatia informs the Commission of the date on which it begins to enter into contracts or to make commitments under the relevant rural development regulations.
2. The Commission shall adopt the necessary measures for this purpose in accordance with the procedure referred to in Article 5 of Regulation (EU) No. 182/2011 of the European Parliament and of the Council. To this end, the Commission is assisted by the IAP Committee referred to in Article 14, paragraph 1, of Council Regulation (EC) No. 1085/2006.
F. Ex post evaluation of the IPARD programme
In the rural development legislative framework for the 2014-2020 programming period, with respect to the implementation of the IPARD programme for Croatia, expenditures related to the ex post evaluation of the IPARD programme provided for in Article 191 of Commission Regulation (EC) No 718/2007 may be eligible for technical assistance.
G. Modernization of farms
In the legislative framework for rural development for the period of programming 2014-2020, with respect to Croatia, the maximum intensity of assistance for the modernization of farms is 75 per cent of the amount of eligible investments for the implementation of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of water from nitrate pollution from agricultural sources (31) within a maximum period of four years from the date of accession,
H. Compliance
In the rural development legislative framework for the 2014-2020 programming period, with respect to Croatia, the management regulatory requirements set out in Schedule II of Commission Regulation (EC) No 73/2009 applicable during this programming period are met in accordance with the following schedule: the requirements set out in item A of Schedule II apply from 1er January 2014; the requirements referred to in item B of Schedule II apply from 1er January 2016; and the requirements set out in item C of Schedule II apply from 1er January 2018.

ANNEX VII
Specific commitments made by the Republic of Croatia during the accession negotiations (see article 36, paragraph 1, second paragraph, of the act of accession)
1. Continue to ensure the effective implementation of its judicial reform strategy and its accompanying action plan.
2. Continue to strengthen the independence, accountability, impartiality and professionalism of the judiciary.
3. Continue to improve the effectiveness of the judicial system.
4. Continue to improve the processing of national war crimes cases.
5. Continue to record concrete results through effective, effective and impartial investigations, prosecutions and court decisions in the field of combating organized crime and corruption at all levels, including at high levels, and in sensitive sectors such as public procurement.
6. Continue to improve its assessment in terms of strengthening preventive measures in the fight against corruption and conflicts of interest.
7. Continue to strengthen the protection of minorities, including the effective implementation of the Constitutional Law on the Rights of National Minorities.
8. Continue to resolve outstanding issues posed by the return of refugees.
9. Continue to improve the protection of human rights.
10. Continue to cooperate fully with the International Tribunal for the Former Yugoslavia.

Annex VIII
Commitments undertaken by the Republic of Croatia with regard to the restructuring of the shipbuilding sector (see Article 36, paragraph 1, third paragraph, of the act of accession)

For the consultation of the table, see image
Croatia agreed to restructure the shipyards by privatizing them as part of a competitive bidding. The restructuring plans for these shipyards were presented by the bidders and accepted by the Croatian competition agency and the Commission. The restructuring plans will be integrated into the respective privatization contracts between Croatia and the buyers of the shipyards.
The restructuring plans submitted for each of these shipyards state that the following fundamental conditions must be met during the restructuring process:
- any State aid received by these shipyards since 1er March 2006 should be recorded as restructuring assistance. Shipyards provide a contribution to the restructuring plan derived from their own resources, which must be real, without State aid and which represents at least 40% of the total costs of restructuring;
- the overall production capacity must be compared to levels 1er June 2011 and move from 471 324 TBC to 372 346 TBC. Shipyards reduce their production capacity no later than 12 months after the signing of the privatization contract. The reduction of capacity is implemented by the permanent closure of holds, by the allocation of holds for specifically military production within the meaning of Article 346 of the TFEU and/or by a reduction of surface. TBCs are the production measurement units calculated according to the applicable OECD rules;
- the total annual production of shipyards is limited to 323,600 TBC for a period of ten years from 1er January 2011. The production of shipyards will be limited to the following levels (32):
- 3 MAJ: 109 570 TBC
- Brodotrogir: 54,955 TBC
- Brodosplit and BSO: 132 078 TBC
- Kraljevica: 26 997 TBC
Shipyards may agree to review their production limits. On the basis of binding agreements, they can expressly establish which part of their production quota (expressed in TBC) they yield to each other. The total annual production limit of 323,600 TBC shall be met;
- the restructuring plans also specify a number of other measures that each shipyard will implement to ensure a return to long-term sustainability.
Any subsequent modification of these plans is in accordance with the fundamental conditions in the restructuring process listed above and is submitted to the Commission for approval.
Shipyards do not receive any new rescue or restructuring assistance before a period of at least ten years from the date of signing of the privatization contract. At the time of Croatia's accession, the Commission orders that Croatia return any assistance to the rescue or reorganization granted in violation of that provision, plus compound interests.
The restructuring plans that have been accepted by the Croatian competition agency and the Commission will be integrated into the respective privatization contracts that will be concluded between Croatia and the buyers of the shipyards. Privatization contracts are submitted to the Commission for approval and signed prior to Croatia's accession.
The Commission closely monitors the implementation of the restructuring plans and the compliance with the conditions set out in this annex concerning the level of State aid, its own contribution, capacity reductions, limited production and measures taken to ensure a return to sustainability.
This follow-up is carried out every year of the restructuring period. Croatia fully complies with the monitoring provisions. In particular:
- Croatia shall provide the Commission with semi-annual reports on the restructuring of the beneficiary sites by 15 January and 15 July of each year, until the end of the restructuring period;
- the reports contain all the information necessary to follow up on the restructuring process, its own contribution, capacity reduction, production limitation and measures taken to ensure a return to sustainability;
- Croatia submits reports on the annual production of the shipyards being restructured no later than 15 July of each year, until the end of 2020;
- Croatia requires shipyards to disclose all relevant data that, in other circumstances, may be considered confidential. The Commission ensures that confidential information specific to each shipyard is not disclosed.
The Commission may, at any time, decide to appoint an independent expert to evaluate the results of the follow-up, undertake any necessary research and report to it. Croatia will cooperate fully with the independent expert appointed by the Commission and ensure that the independent expert has full access to all the information necessary to carry out the tasks entrusted to it by the Commission.
At the time of Croatia's accession, the Commission directs Croatia to return any rescue or restructuring assistance granted since 1er March 2006 at a particular shipyard, plus compound interest, if:
- the contract of privatization of this shipyard has not yet been signed or does not fully resume the conditions set out in the restructuring plan accepted by the Croatian competition agency and the Commission; or
- the shipyard did not provide a contribution from its own real resources, without state aid, which represents at least 40% of the restructuring costs; or
- the reduction of the overall capacity of production was not implemented within 12 months of the signing of the privatization contract. In this case, the return of aid is only required from shipyards that have not reached the following capacity reductions:
- 3 MAJ: 46 543 TBC
- Brodotrogir: 15 101 TBC
- Brodosplit and BSO: 29 611 TBC
- Kraljevica: 9,636 TBCs; or
- the overall production limitation for companies (i.e. 323,600 TBC) was exceeded in one of the calendar years between 2011 and 2020. In this case, the return of aid is required from shipyards that have exceeded their production limits (if any, as amended by a legally binding agreement with another shipyard).

Annex IX
Commitments made by the Republic of Croatia with regard to the restructuring of the steel industry (see article 36, paragraph 1, third paragraph, of the act of accession)
By letter dated 23 May 2011, Croatia informed the Commission that it had received a debt recognition from steel producer CMC Sisak d.o.o., corresponding to the assistance to the restructuring received by this company during the period 1er March 2002 to February 28, 2007, increased interest (33) State aid received, without compound interests, is 19 117 572.36 HRK.
In the case of Croatia's accession, in the event that the total amount of this assistance, plus the compound interest, would not have been refunded by CMC Sisak d.o.o., the Commission orders Croatia to return any rescue and restructuring assistance granted to that company since 1er March 2006, plus compound interest.

PROTOCOL RELATING TO CERTAINMENTS PROVISIONS CONCERNING UNIC CESSION TO THE REPUBLIC OF CROATIA OF QUANTITIES IN DELIVERY IN THE TIME OF THE KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATIC CHANGES IN THE COMPENSATION
THE HIGH CONTRACTING PARTIES,
NOTING that, in the light of the historical circumstances of Croatia, it was agreed that it would be willing to assist Croatia through a single assignment of assigned quantity units issued under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (hereinafter referred to as the Kyoto Protocol),
NOTING that such an assignment would be made only once, would not create a precedent and would reflect the unique and exceptional character of the situation of Croatia,
SOULIZING that Croatia should compensate for any transfer of this type by adapting its obligations under Decision No. 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort to be made by Member States to reduce their emissions of greenhouse gases in order to meet the Community's commitments to reduce these emissions to 2020 (34) so as to ensure the environmental integrity by avoiding a 2020 increase
CONVENUES OF PROVISIONS WHICH MAY:
PART I
TRANSFERT
ARTICLE 1
This Part applies to measures relating to a possible single assignment to Croatia of a number of assigned amount units (AAUs) issued under the Kyoto Protocol.
ARTICLE 2
No assignment is made unless Croatia renounces the appeal it has filed against the decision of the enforcement board of the Compliance Committee of the Kyoto Protocol, in accordance with any rule and time limit governing the withdrawal of appeals, prior to the commencement of the Durban Conference on the UNFCCC (28 November - 9 December 2011).
Any assignment is subject to the conclusion of the team of experts under the UNFCCC which, after the adjustment period, would establish that Croatia has failed to fulfil its commitments under Article 3 of the Kyoto Protocol.
No assignment shall be made unless Croatia endeavours, to the extent possible, to comply with its commitments under Article 3 of the Kyoto Protocol, including the full use of absorption units from land use, land-use change and forestry.
ARTICLE 3
Any decision on the assignment of UQA is adopted in accordance with the review procedure referred to in Article 5 of Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 establishing the general rules and principles relating to the modalities of control by the Member States of the exercise of the enforcement powers by the Commission (35). The Commission is assisted by the Climate Change Committee established by Article 9 of Decision No. 280/2004/EC of the European Parliament and the Council of 11 February 2004 on a mechanism to monitor greenhouse gas emissions in the Community and to implement the Kyoto Protocol (36). It is a committee within the meaning of Regulation (EU) No. 182/2011 of the European Parliament and the Council. In the absence of an opinion, the decision is not adopted.
The AAUs to be donated are exempt from the amount of AAU referred to in Article 2 of Commission Decision 2006/944/EC of 14 December 2006 establishing the respective amounts of emissions attributed to the European Community and to each of its member States under the Kyoto Protocol in accordance with Council Decision 2002/358/EC (37).
Any possible assignment may not exceed a total quantity greater than 7,000 000 UQA.
PART II
COMPENSATION
ARTICLE 4
This Part applies to the compensation to be provided by Croatia in the event of an AAU assignment under Part I provisions.
ARTICLE 5
1. Croatia compensates each AAU that is assigned to it by adapting, in accordance with this article, its obligations under European Parliament and Council Decision No. 406/2009/EC.
In particular, the equivalent amount expressed in carbon equivalent tonnes of any assigned AAU is deducted, in accordance with this article, from the annual emission quotas of Croatia, once determined under Article 3, paragraph 2, of Decision No. 406/2009/EC of the European Parliament and the Council.
2. The Commission publishes the figures for the annual emission quotas of Croatia resulting from the deduction made in accordance with paragraph 1.

FINAL ACT
I. TEXT OF THE FINAL ACT
1. Plenipotentiaries:
OF HIS MAJEST THE ROI OF BELGES,
DU PRESIDENT DE LA REPUBLIQUE DE BULGARIE,
DU PRESIDENT DE LA REPUBLIQUE TCHEQUE,
I'm sorry.
THE PRESIDENT OF THE GERMANY FEDERAL REPUBLIC,
THE PRESIDENT OF THE REPUBLIC OF ESTONIA,
THE PRESIDENT OF IRELAND,
OF THE CHAIRMAN OF THE HELLEN REPUBLIC,
THE SPANISH ROI,
OF THE PRESIDENT OF THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
OF THE PRESIDENT OF THE
DU PRESIDENT DE LA REPUBLIQUE DE CHYPRE,
DU PRESIDENT DE LA REPUBLIQUE DE LETTONIE,
OF THE PRESIDENT OF THE REPUBLIC OF LITUANIA,
THE LUXEMBOURG GRAND-DUC,
DU PRESIDENT DE LA REPUBLIQUE DE HONGRIE,
DU PRESIDENT DE MALTE,
DE SA MAJESTE LA REINE DES PAYS-BAS,
DU PRESIDENT FEDERAL DE LA REPUBLIQUE D'AUTRICHE,
DU PRESIDENT DE LA REPUBLIQUE DE POLOGNE,
OF THE PRESIDENT OF THE PORTUGAISE REPUBLIC,
DU PRESIDENT DE LA ROUMANIE,
OF THE PRESIDENT OF THE SLOVENIA REPUBLIC
OF THE PRESIDENT OF THE SLOVATIC REPUBLIC,
OF THE CHAIRMAN OF THE FINLAND REPUBLIC,
DU GUVERNEMENT DU ROYAUME DE SUEDE,
AND IRELAND OF THE NORD,
The Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Slovenia, the Republic of Lithuania, the Republic of
It was found that the following texts were drawn up and arrested in the Conference between the Member States of the European Union and the Republic of Croatia on the accession of the Republic of Croatia to the European Union:
I. the Treaty between the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Italy, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Great Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of
II. the act relating to the conditions of accession to the European Union of the Republic of Croatia and to the adaptations of the Treaty on the European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community (hereinafter referred to as "the act of accession");
III. the texts listed below annexed to the act of accession:
A. Annex I: List of conventions and protocols to which the Republic of Croatia adheres at the time of accession (see Article 3, paragraph 4, of the act of accession),
Annex II: List of the provisions of the Schengen acquis incorporated in the framework of the European Union and the acts based on or related to it, which are binding and applicable in the new Member States upon accession (see Article 4, paragraph 1, of the act of accession),
Annex III: List referred to in Article 15 of the act of accession: adaptation of acts adopted by institutions,
Appendix IV: List referred to in Article 16 of the Accession Act: Other Standing Provisions,
Appendix V: List referred to in Article 18 of the Agreement: Transitional Measures,
Annex VI: Rural development (see Article 35, paragraph 2, of the act of accession),
Annex VII: Specific commitments made by the Republic of Croatia during the accession negotiations (see article 36, paragraph 1, second paragraph, of the act of accession),
Annex VIII: Commitments made by the Republic of Croatia with respect to the restructuring of the shipbuilding sector (see article 36, paragraph 1, third paragraph, of the act of accession),
Annex IX: Commitments made by the Republic of Croatia with respect to the restructuring of the steel industry (see article 36, paragraph 1, third paragraph, of the act of accession);
B. Protocol on certain provisions concerning a possible single assignment to the Republic of Croatia of assigned units issued under the Kyoto Protocol to the United Nations Framework Convention on Climate Change and its compensation;
C. the texts of the Treaty on the European Union, of the Treaty on the Functioning of the European Union and of the Treaty establishing the European Atomic Energy Community and of the Treaties that have amended or supplemented them, including the Treaty relating to the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, the Treaty on the Accession of the Hellenic Republic,
2. The High Contracting Parties have reached a political agreement on a series of adaptations which, as a result of accession, must be made to acts adopted by the institutions, and they invite the Council and the Commission to adopt, prior to accession, these adaptations supplemented and updated, as appropriate, to take into account the evolution of the law of the Union, in accordance with Article 50 of the Treaty of Accession, as mentioned in paragraph 3
3. The High Contracting Parties undertake to communicate to the Commission and to each other Contracting Party all necessary information to be communicated for the purposes of the application of the act of accession. Where applicable, this information is provided sufficiently in time prior to accession, so as to allow the full application of the act of accession, from the date of accession, particularly with respect to the functioning of the internal market. In this context, it is essential that the measures adopted by the Republic of Croatia be notified promptly in accordance with Article 47 of the act of accession. The Commission may inform the Republic of Croatia of the time at which it considers it appropriate to have received or transmitted specific information.
Prior to the date of signature, the High Contracting Parties received a list setting out the information obligations in the veterinary field.
4. The Plenipotentiaries took note of the statements made and annexed to the present Final Act: [List of declarations to be completed]
A. Joint statement by current member States
Joint statement on the full application of the Schengen acquis
B. Joint statement by various current member States
Joint statement by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Croatia
C. Joint statement by current member States and the Republic of Croatia
Joint Declaration on the European Development Fund
D. Statement by the Republic of Croatia
Statement by the Republic of Croatia on the transitional regime for the liberalization of the Croatian agricultural land market
5. The Plenipotentiaries took note of the exchange of letters between the European Union and the Republic of Croatia concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession; this exchange of letters is annexed to this final act.
Done in Brussels, 9 December 2011.
II. DECLARATIONS
A. COMMON DECLARATION OF ACTUAL MEMBERS
Joint statement on the full application of the Schengen acquis
It is understood that the procedures established for the future full and complete application by the Republic of Croatia of all the provisions of the Schengen acquis - as they will be inserted in the Treaty relating to the accession of Croatia to the Union (hereinafter referred to as the Treaty of Accession of Croatia) - do not prejudge the decision that will be taken by the Council for the purposes of the full and complete application of the provisions of the
The decision of the Council on the full implementation of the provisions of the Schengen acquis in Bulgaria and Romania will be taken on the basis of the procedure provided for in this regard in the Treaty of Accession of Bulgaria and Romania to the Union and in accordance with the conclusions of the Council of 9 June 2011 on the completion of the assessment process concerning the degree of preparation of Bulgaria and Romania for the implementation of the provisions of the Schengen acquis
The procedures established for the future full and complete application by Croatia of all the provisions of the Schengen acquis - as they will be inserted in the Treaty of Accession of Croatia - do not create a legal obligation in any other context than that of the Treaty of Accession of Croatia.
B. JOINT DECLARATION OF OTHER BUSINESS
Joint statement by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Croatia
In paragraph 12 of the transitional measures on the free movement of workers, under Directive 96/71/EC, in Annex V, section 2, of the act of accession, the Federal Republic of Germany and the Republic of Austria, in agreement with the Commission, understand that, where appropriate, the terms "some regions" may also be understood as covering the entire national territory.
C. JOINT DECLARATION OF ACTUAL MEMBERS AND THE REPUBLIC OF CROATIA
Declaration on the European Development Fund
Following its accession to the Union, the Republic of Croatia will join the European Development Fund as soon as the new multi-year financial framework for cooperation comes into force and will contribute as of 1er January of the second calendar year following the date of its accession.
D. DECLARATION OF THE REPUBLIC OF CROATIA
Statement by the Republic of Croatia on the transitional regime for the liberalization of the Croatian agricultural land market
Considering the transitional regime with regard to the acquisition of agricultural land in the Republic of Croatia by natural and legal persons of the EU and EEA, as set out in Annex V of the act of accession,
in view of the provision that states that the Commission, at the request of Croatia, makes a decision regarding the extension for an additional three years of the seven-year transitional period if there is sufficient evidence that, at the expiry of the seven-year transitional period, there will be serious imbalances or a threat of serious imbalance in the Croatian agricultural land market,
the Republic of Croatia declares that, if the transitional period is extended, as noted above, it will work to take the necessary steps to liberalize the acquisition of agricultural land in the areas specified before the expiry of the three-year period.

III. CHANGE OF LETTERS BETWEEN EUROPEAN UNION AND THE REPUBLIC OF CROATIA CONCERNING A PROCEDURE FOR INFORMATION AND CONSULTATION FOR THE ADOPTION OF DECISIONS AND OTHER MEASURES TO PEND THE PERIODE PRECEDING THE ADHESION
Letter No. 1
Sir,
I have the honour to refer to the issue of an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period prior to your country's accession to the European Union, which had been raised in the framework of the accession negotiations.
I hereby confirm that the European Union is in a position to accept such a procedure, in the terms set out in the annex to this letter. This procedure could be applied with respect to the Republic of Croatia from the date on which the Accession Conference declares that the accession negotiations have been completed.
I would be grateful if you could confirm your government's agreement on the content of this letter.
Please accept, sir, the assurance of my highest consideration.

Annex
Information and consultation procedure
for the adoption of certain decisions and other measures to be taken
during the period prior to accession
I.
1. In order to ensure the proper information of the Republic of Croatia, any proposal, communication, recommendation or initiative to adopt a legal act of the European Parliament and of the Council, the Council or the European Council shall be brought to the attention of Croatia after being transmitted to the Council or the European Council.
2. The consultations take place at the motivated request of Croatia, which explicitly mentions its interests as a future member of the Union and presents its observations.
3. Management decisions should not, in general, give rise to consultations.
4. Consultations are held in an interim committee composed of representatives of the Union and Croatia. Unless there is a reasoned objection from the Union or Croatia, consultations may also take place in the form of an electronic exchange of messages, particularly with regard to common foreign and security policy.
5. On the Union side, the members of the Interim Committee are members of the Committee of Permanent Representatives or those designated for that purpose. Where appropriate, members of the interim committee may be members of the Political and Security Committee. The Commission is adequately represented.
6. The interim committee is assisted by a secretariat, which is that of the membership conference, which is renewed for this purpose.
7. Consultations shall normally take place as soon as the preparatory work at the Union level for the adoption of the acts referred to in paragraph 1 has given rise to common guidelines for the effective planning of such consultations.
8. If consultations persist serious difficulties, the issue may be raised at the ministerial level, at the request of Croatia.
9. The above provisions apply mutatis mutandis to the decisions of the Board of Governors of the European Investment Bank.
10. The procedure set out in the above points also applies to any decision that Croatia intends to make and that could have an impact on the commitments resulting from its future membership of the Union.
II.
11. The Union and Croatia shall take the necessary measures to ensure that the accession of the latter to the agreements or conventions and protocols referred to in Article 3, paragraph 4, and Article 6, paragraphs 2 and 5, of the act relating to the conditions of accession of the Republic of Croatia and to the adaptations of the treaties on which the European Union is founded, hereafter referred to as "the act of accession", shall intervene, to the extent possible, at the same time as may be entered into force.
12. With regard to the negotiation, with the co-contracting parties, of the protocols referred to in Article 6, paragraph 2, second paragraph, of the act of accession, the representatives of Croatia are associated with the work as observers, along with the representatives of the current Member States.
13. Some of the non-preferential agreements concluded by the Union and whose validity period exceeds the date of accession may be subject to adaptations or adjustments to take into account the enlargement of the Union. These adjustments or adjustments will be negotiated by the Union by involving representatives of Croatia in accordance with the procedure referred to in paragraph 12.
III.
14. Institutions establish in a timely manner the texts referred to in Article 52 of the act of accession. To this end, Croatia shall promptly transmit the translations of these texts to institutions.

Letter No. 2
Sir,
I have the honour to acknowledge receipt of your letter as follows:
"I have the honour to refer to the issue of an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period prior to your country's accession to the European Union, which had been raised in the framework of the accession negotiations.
I hereby confirm that the European Union is in a position to accept such a procedure, in the terms set out in the annex to this letter. This procedure could be applied with respect to the Republic of Croatia from the date on which the Accession Conference declares that the accession negotiations have been completed.
I would be grateful if you could confirm your government's agreement on the content of this letter. » .
I have the honour to confirm my government's agreement on the content of this letter.
Please accept, sir, the assurance of my highest consideration.
___
Notes
(1) OJ L 114 of 30.4.2002, p. 6.
(2) OJ L 317 of 15.12.2000, p. 3.
(3) OJ L 209 of 11.8.2005, p. 27, OJ L 287 of 28.10.2005, p. 4 and OJ L 168M of 21.6.2006, p. 33.
(4) OJ L 287 of 4.11.2010, p. 3.
(5) OJ L 1 of 3.1.1994, p. 3.
(6) OJ L 79 of 22.3.2002, p. 42.
(7) OJ L 210 of 31.7.2006, p. 82.
(8) OJ L 248 of 16.9.2002, p. 1.
(9) OJ L 170 of 29.6.2007, p. 1.
(10) OJ L 277 of 21.10.2005, p. 1 and OJ L 286M of 4.11.2010, p. 26.
(11) OJ L 55 of 28.2.2011, p. 13.
(12) OJ L 26 of 28.1.2005, p. 3.
(13) OJ L 299 of 16.11.2007, p. 1.
(14) OJ L 55 of 28.2.2011, p. 13.
(15) OJ L 56 of 4.3.1968, p. 1.
(16) OJ L 239 of 22.9.2000, p. 13.
(17) OJ L 239 of 22.9.2000, p. 19.
(18) Until such agreement is reached, only to the extent that it applies provisionally.
(19) OJ L 83 of 27.3.1999, p. 1.
(20) OJ L 171 of 23.6.2006, p. 35, and OJ L 326M of 10.12.2010, p. 70.
(21) OJ L 209 of 11.8.2005, p. 1
(22) OJ L 35 of 13.2.1996, p. 1.
(23) OJ L 265 of 26.9.2006, p. 18.
(24) OJ L 136 of 30.4.2004, p. 1.
(25) OJ L 257 of 19.10.1968, p. 13. Last amended Directive by the 2003 Accession Act (OJ L 236 of 23.9.2003, p. 33) and repealed with effect on 30 April 2006 by Directive 2004/38/EC of the European Parliament and the Council (OJ L 158 of 30.4.2004, p. 77).
(26) OJ L 316 of 2.12.2009, p. 1.
(27) OJ L 316 of 2.12.2009, p. 27.
(28) OJ L 316 of 2.12.2009, p. 65.
(29) OJ L 54 of 26.2.2011, p. 1.
(30) OJ L 170 of 29.6.2007, p. 1.
(31) OJ L 375 of 31.12.1991, p. 1.
(32) The annual production of a given shipyard is calculated as follows: the start of production of a ship is the expected date of cutting of the steel and the end of production is the expected date of delivery of the ship as shown in the contract with the purchaser (or the expected date of delivery of the ship incomplete when its construction is shared between two shipyards). The number of TBCs corresponding to a vessel is equally divided between the different calendar years covering the period of production. The total production of a shipyard in a given year is calculated by adding the number of TBCs produced in the year in question.
(33) To be calculated in accordance with sections 9 to 11 of Regulation (EC) No 794/2004 of the Commission of 21 April 2004 concerning the implementation of Regulation (EC) No 659/1999 of the Council on the modalities for the application of Article 93 of Treaty EC (OJ L 140 of 30.4.2004, p. 1), last amended by Regulation (EC) No 1125/2009 of the Commission (OJ L 308 of 24.11.2009, p.
(34) OJ L 140 of 5.6.2009, p. 136.
(35) OJ L 55 of 28.2.2011, p. 13.
(36) OJ L 49 of 19.2.2004, p. 1.
(37) OJ L 358 of 16.12.2006, p. 87. Decision amended by Commission decision 2010/778/EU (OJ L 332 of 16.12.2010, p. 41).

Treaty on the accession of the Republic of Croatia to the European Union with final act, declarations and exchange of letters, made in Brussels on 9 December 2011