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30 NOVEMBER 2015. - An Act to approve the Agreement on the Participation of the Republic of Croatia in the European Economic Area and three related agreements, and the Final Act, made in Brussels on 11 April 2014 and 5 November 2014 (1)(2)(3)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Agreement relating to the participation of the Republic of Croatia in the European Economic Area and three related agreements, and the Final Act, which took place in Brussels on 11 April 2014 and 5 November 2014, will come out their full and full effect.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, 30 November 2015.
PHILIPPE
By the King:
Minister of Foreign and European Affairs,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: 54-1247
Full report: 26/10/2015
(2) See Decree of the Flemish Community/ Flemish Region of 30 October 2015 (Moniteur belge of 26 November 2015), Decree of the French Community of 21 April 2016 (Moniteur belge of 4 May 2016), Decree of the German-speaking Community of 25 April 2016 (Moniteur belge of 9 June 2016), Decree of the Walloon Region of 9 June 2016 (Moniteur belge of 17 June 2016), Ordonnance of the
(3) List of related States
List of related States

FORME AGREEMENT OF LETTERS CONCERNING THE PROVISIONAL APLICATION OF THE AGREEMENT RELATING TO THE PARTICIPATION OF THE REPUBLIC OF CROATIA FOR EUROPEAN ECONOMIC SPACE AND THE PROVISIONAL ADVISORY ADDITIONAL PROTOCOL AGAINST THE EDIUM
A. Letter from the European Union to Iceland
Ma'am, sir,
Referring to the agreement on the participation of the Republic of Croatia in the European Economic Area (hereinafter referred to as the "EEE Enlargement Agreement") and to three related agreements, I have the honour to inform you that the European Union is ready to apply the EEA Enlargement Agreement, on a provisional basis, as from the day following that of the completion of the last exchange
I would be grateful if you could confirm Iceland's agreement on this provisional application.
Please accept, ma'am, sir, the assurance of my highest consideration.
B. Letter from Iceland to the European Union
Ma'am, sir,
I have the honour to acknowledge receipt of your letter of this day and to confirm Iceland's agreement on its content as follows:
"Referring to the agreement on the participation of the Republic of Croatia in the European Economic Area (hereinafter referred to as the "EEE Enlargement Agreement") and to three related agreements, I have the honour to inform you that the European Union is ready to apply the EEA Enlargement Agreement, on a provisional basis, from the day following that of the completion of the last exchange "
Please accept, ma'am, sir, the assurance of my highest consideration.
A. Letter from the European Union to the Principality of Liechtenstein
Ma'am, sir,
Referring to the Agreement concerning the participation of the Republic of Croatia in the European Economic Area (hereinafter referred to as the "EEE Enlargement Agreement") and to three related agreements, I have the honour to inform you that the European Union is ready to apply the EEA Enlargement Agreement, on a provisional basis, as from the day following that of the completion of the last exchange
I would be grateful if you could confirm the agreement of the Principality of Liechtenstein on this interim application.
Please accept, ma'am, sir, the assurance of my highest consideration.
B. Letter from the Principality of Liechtenstein to the European Union
Ma'am, sir,
I have the honour to acknowledge receipt of your letter of this day and to confirm the agreement of the Principality of Liechtenstein on its content as follows:
"Referring to the agreement on the participation of the Republic of Croatia in the European Economic Area (hereinafter referred to as the "EEE Enlargement Agreement") and three related agreements, I have the honour to inform you that the European Union is ready to apply the EEA Enlargement Agreement, on a provisional basis, as from the day following that of the completion of the last exchange "
Please accept, ma'am, sir, the assurance of my highest consideration.
A. Letter from the European Union to the Kingdom of Norway
Ma'am, sir,
Referring to the agreement on the participation of the Republic of Croatia in the European Economic Area (hereinafter referred to as the "EEE Enlargement Agreement") and to three related agreements, I have the honour to inform you that the European Union is prepared to apply, on a provisional basis, the EEA Enlargement Agreement and the following Protocol:
- Additional protocol to the agreement between the Kingdom of Norway and the European Union concerning a Norwegian financial mechanism for the period 2009-2014,
from the day following that of the completion of the last exchange of letters on the provisional application between the European Union and Iceland, Liechtenstein and Norway, provided that the Kingdom of Norway is prepared to do the same.
I would be grateful if you could confirm the agreement of the Kingdom of Norway on this provisional application.
Please accept, ma'am, sir, the assurance of my highest consideration.
B. Letter from the Kingdom of Norway to the European Union
Ma'am, sir,
I have the honour to acknowledge receipt of your letter of this day and to confirm the agreement of the Kingdom of Norway on its content as follows:
"As regards the agreement on the participation of the Republic of Croatia in the European Economic Area (hereinafter referred to as the "EEE Enlargement Agreement") and three related agreements, I have the honour to inform you that the European Union is prepared to apply, on a provisional basis, the EEA Enlargement Agreement and the Protocol thereto:
- Additional protocol to the agreement between the Kingdom of Norway and the European Union concerning a Norwegian financial mechanism for the period 2009-2014,
from the day following that of the completion of the last exchange of letters on the provisional application between the European Union and Iceland, Liechtenstein and Norway, provided that the Kingdom of Norway is prepared to do the same. "
Please accept, ma'am, sir, the assurance of my highest consideration.
AGREEMENT RELATING TO THE PARTICIPATION OF THE REPUBLIC OF CROATIA TO EUROPEAN ECONOMIC SPACE
EUROPEAN UNION,
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
hereinafter referred to as "member states of the European Union",
IsLAND,
THE PRINCIPLE OF LIECHTENSTEIN,
THE ROYAUME OF NORWAY,
Hereafter referred to as "FTA states",
hereafter jointly referred to as "current Contracting Parties",
and
THE REPUBLIC OF CROATIA,
CONSIDERING that the treaty relating to the accession of the Republic of Croatia to the European Union (hereinafter referred to as the "accession contract") was signed in Brussels on 9 December 2011;
CONSIDERANT que, en vertu de l'article 128 de l' accord sur l'Espace économique européen, signé à Porto le 2 mai 1992, tout Etat européen demande, si il becomes a member of the Community, à participer à l' accord sur l'Espace économique européen (ci-après dit "accord EEE");
CONSIDERING that the Republic of Croatia has requested to become a Contracting Party to the EEE Agreement;
CONSIDERING that the terms and conditions of such participation must be agreed between the current Contracting Parties and the requesting State,
WHEREAS to conclude the following agreement:
ARTICLE 1
1. The Republic of Croatia becomes a Contracting Party to the EEE Agreement and is referred to as the "new Contracting Party".
2. As from the entry into force of this Agreement, the provisions of the EEE Agreement, as amended by the decisions of the EEA Joint Committee adopted before 30 June 2011, are binding on the new contracting party under the same conditions as for the current contracting parties and in accordance with the terms and conditions established by this Agreement.
3. The annexes to this Agreement shall be an integral part of this Agreement.
ARTICLE 2
1. ADAPTATIONS APPROACH TO THE PRINCIPAL TEXT OF THE EEE CABORD
(a)Preamble:
(i) the following is added to the list of contracting parties after the French Republic:
"The REPUBLIC OF CROATIA,"
(ii) the words "The REPUBLIC OF" in front of HONGRIE are deleted;
(iii) the words "LA REPUBLIQUE DE" in front of MALTE are added;
(b) Article 2:
(i) item (f) is deleted;
(ii) the following text is added after item (e):
"(f) means "the act of accession of 9 December 2011", "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, signed in Brussels on 9 December 2011. ";
(c) Article 117:
The text of section 117 is replaced by the following text:
"The provisions governing financial mechanisms are set out in Protocols 38 and 38 bis, the addendum to Protocol 38bis, Protocol 38ter and the addendum to Protocol 38ter. ";
(d) Article 129:
(i) in paragraph 1, the second paragraph shall be replaced by the following:
"After the enlargements of the European Economic Area, the versions of this Agreement in Bulgarian, Croatian, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak, Slovenian and Czech languages are equally authentic."
(ii) in paragraph 1, the third paragraph shall be replaced by the following:
"The texts of the acts referred to in the annexes also make faith in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech as published in the Official Journal of the European Union, and these acts are published in the Official Journal of the European Union, and these acts are published in the official languages of the European Union ".
2. ADAPTATIONS TO PROTOCOL A CORD EEE
(a) Protocol 4 on rules of origin is amended to read:
(i) Annex IVa (Text on invoice) is amended to read:
(aa) the following text is inserted before the Italian version of the statement on invoice:
"Croatian Version
Izvoznik proizvoda obuhvacenih ovom ispravom (carinsko ovlastenje br ... ⁽¹⁾) izjavljuje da su, osim ako je drukcije izricito navedeno, ovi proizvodi... ⁽²⁾ preferencijalnog podrijetla.";
ii) Annex IVb (Text of the statement on invoice EUR-MED) is amended to read:
aa) the following text is inserted before the Italian version of the statement on EUR-MED invoice:
"Croatian Version
Izvoznik proizvoda obuhvacenih ovom ispravom (carinsko ovlastenje br ... ⁽¹⁾) izjavljuje da su, osim ako je drukcije izricito navedeno, ovi proizvodi ... ⁽²⁾ preferencijalnog podrijetla.
- cumulation applied with .......... (name of country/country)
- no cumulation applied ⁽³⁾";
(b) the following text is added to Protocol 38ter:
"ADDENDUM TO PROTOCOL 38 TER CONCERNING THE FINANCIAL MECANISM OF THE EEA APPLICABLE TO THE REPUBLIC OF CROATIA
ARTICLE 1
1. Protocol 38ter applies mutatis mutandis to the Republic of Croatia.
2. Notwithstanding paragraph 1, the first sentence of Article 3, paragraph 3, of Protocol 38ter does not apply.
3. Notwithstanding paragraph 1, section 6 of Protocol 38ter does not apply. No reassignment to another recipient State shall apply in the case of unspent credits from Croatia.
ARTICLE 2
The additional financial contribution amounts to EUR 5 million for the Republic of Croatia during the period between 1^er July 2013 and April 30, 2014 inclusive; They are made available in a single tranche, for purposes of engagement, from the date of entry into force of the Agreement relating to the participation of the Republic of Croatia in the European Economic Area or an agreement to apply this Agreement on a provisional basis. ";
(c) the text of Protocol 44 is replaced by the following:
"CONCERNING THE MECHANISM OF SAUVEGARDS PREVUS FOR THE ELARGISSING OF EUROPEAN ECONOMIC SPACE
1. Application of Article 112 of the Agreement to the general economic safeguard clause and the safeguards mechanisms contained in certain provisional provisions applicable in the field of free movement of persons and road transport
Section 112 of the Agreement also applies to situations specified or covered by:
(a) the provisions of Article 37 of the Accession Act of 16 April 2003, Article 36 of the Accession Act of 25 April 2005 and Article 37 of the Accession Act of 9 December 2011, and
(b) the safeguard mechanisms contained in the interim provisions under the headings "Transition Period" of Annex V (Free movement of workers) and of Annex VIII (Development Law), item 30 (Directive 96/71/EC of the European Parliament and of the Council) of Annex XVIII (Health and Safety at Work, Labour Law and Equal Treatment of Men and Women), item 26c (rule (rule 537)
2. Backup clause on the domestic market
The general decision-making procedure provided for in the agreement also applies to decisions taken by the Commission of the European Communities pursuant to Article 38 of the Accession Act of 16 April 2003, Article 37 of the Accession Act of 25 April 2005 and Article 38 of the Accession Act of 9 December 2011. ".
ARTICLE 3
1. All the changes made to the acts adopted by the institutions of the European Union integrated in the EEE agreement that arise from 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 Community of Atomic Energy (hereafter referred to as the "Agreement Act of 9 December 2011")E are incorporated into the Agreement.
2. For this purpose, the following dash is inserted at the points of the annexes and protocols to the EEE agreement containing references to the acts adopted by the institutions of the European Union concerned:
"- 1 2012 J003: 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, adopted on 9 December 2011 (OJ L 112 of 24.4.2012, p. 21). ".
3. If the dash referred to in paragraph 2 is the first dash of the point in question, it is preceded by the reference ", modified by" or ", modified by", as the case may be.
4. Appendix A to this Agreement lists the items in the annexes and protocols to the EEA Agreement in which the text referred to in paragraphs 2 and 3 is introduced.
5. Where, as a result of the participation of the new contracting party, acts incorporated in the EEA agreement prior to the date of entry into force of this Agreement require modifications that are not provided for in this Agreement, these shall be processed in accordance with the procedures set out in the EEA Agreement.
ARTICLE 4
1. The provisions contained in the Act of Accession of 9 December 2011 referred to in Appendix B to this Agreement are incorporated in the EEA Agreement and are an integral part of it.
2. Any provision of interest to the EEA agreement referred to in the Accession Act of 9 December 2011 or adopted on the basis of that Act but not mentioned in Appendix B to this Agreement shall be dealt with in accordance with the procedures set out in the EEA Agreement.
ARTICLE 5
Any party to this Agreement may submit to the EEA Joint Committee any questions relating to the interpretation or application of the Agreement. The EEA Joint Committee reviews it with a view to finding an acceptable solution to preserve the proper operation of the EEA Agreement.
ARTICLE 6
1. This Agreement shall be ratified or approved by the present Contracting Parties and the new Contracting Party in accordance with their own procedures. Instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
2. It comes into force on the day after the deposit of the last instrument of ratification or approval of a current Contracting Party or the new Contracting Party, provided that the following Protocols thereto come into force on the same day:
(a) Additional protocol to the agreement between the Kingdom of Norway and the European Union on a Norwegian financial mechanism for the period 2009-2014 following the participation of the Republic of Croatia in the European Economic Area;
(b) Additional protocol to the agreement between the European Economic Community and Iceland following the accession of the Republic of Croatia to the European Union; and
(c) Additional protocol to the agreement between the European Economic Community and the Kingdom of Norway following the accession of the Republic of Croatia to the European Union.
ARTICLE 7
This Agreement, written in a single copy, in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, Icelandic and Norwegian, all texts being equally authentic, is deposited with the General Secretariat of the Council of the European Union
ANNEX A
List referred to in Article 3 of the Agreement
PART I. -- ACTS IN THE ACCORD EEE MODIFIE by the Accession Act of 9 December 2011
The dash referred to in Article 3, paragraph 2, shall be inserted at the following points of the Annexes and Protocols to the EEA Agreement:
in Annex II (Technical Regulations, Standards, Tests and Certification), Chapter XXVII ( Spiritual beverages):
Council item 3 (UNECE Regulation No. 1601/91)
Appendix VII (Recognition of Professional Qualifications):
item 1 (Directive 2005/36/EC of the European Parliament and the Council)
Appendix XVII (Intellectual Property):
point 6A (EC) No. 1610/96 of the European Parliament and the Council)
Appendix IX (Financial Services):
agenda item 14 (Directive 2006/48/EC of the European Parliament and the Council)
Appendix XX (Environment):
point 21al (Directive 2003/87/EC of the European Parliament and the Council).
PART II OTHER MODIFICATIONS TO ANNEX TO THE EACH AGREEMENT
The following amendments are made to the annexes to the EEA Agreement:
Annex II (Technical Regulations, Standards, Tests and Certification - Part II):
in chapter XV, item 12a (Directive 91/414/EEC), the terms "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
in chapter XVII, item 7 (directive 94/62/EC of the European Parliament and the Council), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
in chapter XVII, item 8 (directive 94/63/EC of the European Parliament and the Council), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
in chapter XXV, item 3 (Directive 2001/37/EC of the European Parliament and the Council), the words "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
Annex V (Free movement of workers):
under the title "PERIODE DE TRANSITION", the words "or, if any, the accession protocol of 25 April 2005" are deleted;
Appendix VIII (Development Law):
under the title "PERIODE DE TRANSITION", the words "or, if any, the accession protocol of 25 April 2005" are deleted;
Appendix IX (Financial Services):
at item 31b (Directive 97/9/EC of the European Parliament and the Council), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
Appendix XI (Electronic Communications, Audiovisual Services and Information Society):
at point 5 cm (Directive 2002/22/EC of the European Parliament and the Council), the terms "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
Annex XII (Free movement of capital):
under the title "PERIODE DE TRANSITION", the words "or, if any, the accession protocol of 25 April 2005" are deleted;
Appendix XIII (Transport):
at item 15a (Council Directive 96/53/EC), the words "or, if any, the accession protocol of 25 April 2005" are deleted;
at item 18a (Directive 1999/62/EC of the European Parliament and the Council), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
at item 19 (Council Directive 96/26/EC), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
to item 26c (Regulation (EEC) No. 3118/93 of the Council), the words "or, if any, of the accession protocol of 25 April 2005" are deleted;
Appendix XV (State Aids):
under the title "SECTORIELLES APTATIONS", the words "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
under the title "PERIODE DE TRANSITION", the words "or, if any, the accession protocol of 25 April 2005" are deleted;
Appendix XVII (Intellectual Property):
under the title "SECTORIELLES APTATIONS", the words "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
Annex XVIII (Health and Safety at Work, Labour Law and Equal Treatment of Men and Women):
at item 30 (Directive 96/71/EC of the European Parliament and the Council), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
Appendix XX (Environment):
at point 1f (Directive 2008/1/EC of the European Parliament and the Council), the terms "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
at item 7a (Council Directive 98/83/EC), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
to item 13 (Council Directive 91/271/EEC), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
at point 19a (Directive 2001/80/EC of the European Parliament and the Council), the terms "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
at item 21ad (Council Directive 1999/32/EC), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
at item 32d (Council Directive 1999/31/EC), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted;
at item 32(f) (Directive 2000/76/EC of the European Parliament and the Council), the terms "or, if applicable, of the accession protocol of 25 April 2005" are deleted;
at item 32fa (Directive 2002/96/EC of the European Parliament and Council), the terms "or, if any, of the accession protocol of 25 April 2005" are deleted.
Annex B
List referred to in Article 4 of the Agreement
The annexes and protocols to the EEA Agreement are amended to read:
Annex I (Veterinary and phytosanitary matters):
1. In Chapter I, Part 1.1, item 4 (Council Directive 97/78/EC), the following text is inserted before the text of the adaptation:
"The provisional provisions set out in the annexes to the Act of Accession of 9 December 2011 with respect to Croatia (annex V, chapter 5, section IV) are applicable. "
2. In Chapter I, Part 6.1, item 16 (Regulations (EC) No 852/2004 of the European Parliament and the Council), the following text is inserted after the text on interim provisions:
"The provisional provisions set out in the appendices to the 9 December 2011 accession to Croatia (annex V, chapter 5, section II) are applicable. "
3. In Chapter I, Part 6.1, Item 17 (Regulations (EC) No 853/2004 of the European Parliament and the Council), the following text is inserted after the text on the interim provisions and before the text of the adaptation:
"The provisional provisions set out in the appendices to the 9 December 2011 accession to Croatia (annex V, chapter 5, section II) are applicable. "
4. In chapter I, section 9.1, item 8 (Council Directive 1999/74/EC), the following text is inserted after the text of the provisional provisions:
"The provisional provisions set out in the appendices to the 9 December 2011 accession to Croatia (annex V, chapter 5, section I) are applicable. "
5. In chapter III, part 1, item 10 (Council Directive 2002/53/EC), the following text is inserted after the text of the provisional provisions and before the text of the adaptation:
"The provisional provisions set out in the Annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 5, section III) are applicable. "
6. In chapter III, part 1, item 12 (Council Directive 2002/55/EC), the following text is inserted after the text of the provisional provisions and before the text of the adaptation:
"The provisional provisions set out in the Annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 5, section III) are applicable. "
Annex II (Technical regulations, standards, tests and certification):
1. In chapter XII, item 54zr (Council Directive 2001/113/EC), the following text is added:
"The provisional provisions set out in the annexes to the 9 December 2011 accession agreement with respect to Croatia (annex V, chapter 4, section I, item 1) are applicable. "
2. In chapter XIII, item 15q (Directive 2001/83/EC of the European Parliament and the Council), the following text is inserted after the text on the interim provisions and before the text of the adaptation:
"The provisional provisions set out in the Annexes to the Accession Act of 9 December 2011 with respect to Croatia (Appendix V, Chapter 1) are applicable. "
3. In chapter XV, point 12zc (rules (EC) No 1907/2006 of the European Parliament and the Council), the following text is inserted before the text of the adaptation:
"The provisional provisions set out in the Annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 10, section VI) are applicable. "
Annex V (Free movement of workers):
Under the title "PERIODE DE TRANSITION", the following text is inserted between the text relating to the interim provisions and the text relating to the backup mechanisms:
"The provisional provisions set out in the Annexes to the Accession Act of 9 December 2011 with respect to Croatia (Appendix V, Chapter 2) are applicable. "
Annex VIII (Development Law):
Under the title "PERIODE DE TRANSITION", the following text is inserted between the text relating to the interim provisions and the text relating to the backup mechanisms:
"The provisional provisions set out in the Annexes to the Accession Act of 9 December 2011 with respect to Croatia (Appendix V, Chapter 2) are applicable. "
Annex XII (Free movement of capital):
The following text is inserted after the text in the title "PERIODE DE TRANSITION":
"The provisional provisions set out in the Annexes to the Accession Act of 9 December 2011 with respect to Croatia (Appendix V, Chapter 3) are applicable. "
Annex XIII (Transport):
At paragraph 53a (rules (EEC) No. 3577/92 of the Commission), the following text is inserted before the text of the adaptation:
"The provisional provisions set out in the Annexes to the Accession Act of 9 December 2011 with respect to Croatia (annex V, chapter 7, point 1) are applicable.
With regard to the safeguards mechanisms mentioned in the interim provisions referred to in the preceding paragraphs, PROTOCOL 44 CONCERNING PREVUS SAUVEGARD MECHANISMS FOR THE ELARGISSING OF EUROPEAN ECONOMIC SPACE is applicable. "
Annex XV (State Aids):
The following text is added under the title "ADAPTATIONS SECTORIELLES":
"The provisions relating to the current aid regimes set out in Chapter 2 (Competition Policy) of Appendix IV of the Accession Act of 9 December 2011 apply between the contracting parties. "
Annex XVII (Intellectual property):
The following text is added under the title "ADAPTATIONS SECTORIELLES":
"The specific mechanisms provided for in Chapter 1 (Intellectual Property Law) of Annex IV of the Accession Act of 9 December 2011 apply between the Contracting Parties. "
Annex XVIII (Health and occupational safety, labour law and equal treatment of men and women):
At item 30 (Directive 96/71/EC of the European Parliament and the Council), the following text is inserted between the text on interim provisions and the text on safeguards:
"The provisional provisions set out in the Annexes to the Accession Act of 9 December 2011 with respect to Croatia (Appendix V, Chapter 2) are applicable. "
Annex XX (Environment):
1. At item 7a (Council Directive 98/83/EC), the following text is inserted after the text of the provisional provisions:
"The provisional provisions set out in the annexes to the Act of Accession of 9 December 2011 with respect to Croatia (annex V, chapter 10, section IV, point 2) are applicable. "
2. At item 13 (Council Directive 91/271/EEC), the following text is inserted after the text of the provisional provisions and before the text of the adaptation:
"The provisional provisions set out in the annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 10, section IV, point 1) are applicable. "
3. At point 19a (Directive 2001/80/EC of the European Parliament and the Council), the following text is inserted after the text on the interim provisions and before the text of the adaptation:
"The provisional provisions set out in the annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 10, section V, point 2) are applicable. "
4. At item 21ab (Council Directive 1999/13/EC), the following text is added:
"The provisional provisions set out in the annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 10, section V, point 1) are applicable. "
5. At point 21al (Directive 2003/87/EC of the European Parliament and the Council), the following text is inserted before the text of the adaptation:
"The provisional provisions set out in the annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 10, section I, point 1) are applicable. "
6. At item 32d (Council Directive 1999/31/EC), the following text is inserted after the text of the provisional provisions:
"The provisional provisions set out in the Annexes to the Agreement of 9 December 2011 with respect to Croatia (annex V, chapter 10, section III) are applicable. "
FINAL ACT
Plenipotentiaries:
THE EUROPEAN UNION, hereinafter referred to as "European Union",
and:
BELGIUM,
DE LA REPUBLIQUE DE BULGARIE,
DE LA REPUBLIQUE TCHEQUE,
DANEMARK,
DE LA REPUBLIQUE FEDERALE D'ALLEMAGNE,
DE LA REPUBLIQUE D'ESTONIE,
IRELAND,
DE LA REPUBLIQUE HELLENIQUE,
THE SPANISH ROYAL,
OF THE FRENCH REPUBLIC,
OF THE ITALIAN REPUBLIC,
DE LA REPUBLIQUE DE CHYPRE,
DE LA REPUBLIQUE DE LETTONIE,
DE LA REPUBLIQUE DE LITUANIE,
OF LUXEMBOURG,
HUNGARY,
DE LA REPUBLIQUE DE MALTE,
DU ROYAUME DES PAYS-BAS,
DE LA REPUBLIQUE D'AUTRICHE,
DE LA REPUBLIQUE DE POLOGNE,
OF THE PORTUGAISE REPUBLIC,
OF THE ROMANIA,
DE LA REPUBLIQUE DE SLOVENIE,
DE LA REPUBLIQUE SLOVAQUE,
DE LA REPUBLIQUE DE FINLANDE,
SUEDE ROYAUME,
DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD,
Contracting Parties to the Treaty establishing the EUROPEAN UNION, hereafter referred to as "EU Member States",
Plenipotentiaries:
Island,
THE PRINCIPLE OF LIECHTENSTEIN,
THE ROYAUME OF NORWAY,
Hereafter referred to as "FTA states",
all Contracting Parties to the Agreement on the European Economic Area concluded in Porto on 2 May 1992 (hereinafter referred to as "EEE Agreement"), hereafter referred to as "current Contracting Parties", and
Plenipotentiaries:
REPUBLIC OF CROATIA,
hereafter referred to as "new Contracting Party",
gathered in Brussels, this [DATE] of the year [ANNEE], for the signing of the agreement on the participation of the Republic of Croatia in the European Economic Area, adopted the following texts:
I. Agreement on the participation of the Republic of Croatia in the European Economic Area (hereinafter referred to as "agreement");
II. The following texts are annexed to the agreement:
Appendix A: list referred to in Article 3 of the Agreement,
Appendix B: list referred to in Article 4 of the Agreement.
The Plenipotentiaries of the present Contracting Parties and those of the new Contracting Party have adopted the following joint declarations annexed to this Final Act:
1. Joint declaration on the early entry into force or provisional application of the agreement on the participation of the Republic of Croatia in the European Economic Area;
2. joint declaration on the expiry date of the interim provisions;
3. joint declarations concerning the application of the rules of origin after the entry into force of the agreement on the participation of the Republic of Croatia in the European Economic Area;
4. Joint statement on Liechtenstein's sectoral adaptation in the field of free movement of persons;
5. Joint statement on priority areas referred to in Protocol 38ter;
6. joint statement on financial contributions.
The Plenipotentiaries of the current Contracting Parties and those of the new Contracting Party have taken note of the declaration referred to below and annexed to this Final Act:
General Joint Statement of EFTA States.
They further agreed that, at the latest at the entry into force of the Agreement, the EEE Agreement, as amended by the Protocol on Adaptation of the Agreement on the European Economic Area and the entire texts of each of the decisions of the EEA Joint Committee, must be drafted and authenticated by the representatives of the current Contracting Parties and those of the new Croatian Contracting Party.
They take note of the additional protocol to the agreement between the Kingdom of Norway and the European Union concerning a Norwegian financial mechanism for the period 2009-2014 following the participation of the Republic of Croatia in the European Economic Area, also annexed to this final act.
They also take note of the additional protocol to the agreement between the European Economic Community and Iceland following the accession of the Republic of Croatia to the European Union, annexed to this final act.
They also take note of the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway following the accession of the Republic of Croatia to the European Union, also annexed to this Final Act.
They point out that the above-mentioned protocols were agreed upon on the assumption that participation in the European Economic Area remains unchanged.
COMMON DECLARATIONS OF THE ACTUAL CONTRACTING PARTIES AND THE NEW PART CONTRACTING TO THE ACCORD COMMON DECLARATION ON THE ENVIRONMENT OR THE PROVISIONAL APPOINTMENT OF THE AGREEMENT RELATING TO THE PARTICIPATION OF THE CROATIAN REPUBLIC
The parties underline the importance of an early entry into force or a provisional application of the agreement on the participation of the Republic of Croatia in the European Economic Area to ensure the proper functioning of the European Economic Area and to enable Croatia to benefit from the fact that it participates in the European Economic Area.
COMMUN DECLARATION RELATING TO THE EXPIRATION DATE OF PROVISIONS
The parties confirm that the interim provisions of the accession treaty are included in the EEE agreement and end on the date on which they would expire if the enlargement of the European Union and that of the EEA had taken place simultaneously on 1^er July 2013.
COMMUN DECLARATION CONCERNING THE APPLETIONMENT OF ORIGINAL REGLES THE ENVIRONMENTAL RELATING TO THE PARTICIPATION OF THE REPUBLIC OF CROATIA TO EUROPEAN ECONOMIC SPACE
1. The evidence of the origin regularly issued by an EFTA State or the new contracting party under a preferential agreement between the EFTA States and the new contracting party or the unilateral national legislation of a EFTA State or the new contracting party is considered to be evidence of the preferential origin of the EEA, provided that:
(a) proof of origin and transport documents were issued no later than the day before the date of accession of the new Contracting Party to the European Union;
(b) proof of origin shall be submitted to Customs authorities no later than four months after the entry into force of the agreement.
Where goods have been declared for importation, from a State of the EFTA or the new Contracting Party, in the new Contracting Party or a State of the EFTA before the date of accession of the new Contracting Party to the European Union, in the context of preferential agreements then in force between a State of the EFTA and the new Contracting Party, the evidence of the origin granted retroactive
2. The EFTA states, on the one hand, and the Republic of Croatia, on the other hand, are authorized to maintain the authorizations by which the status of "approved exporter" has been granted in the framework of agreements between the EFTA states, on the one hand, and the Republic of Croatia, on the other, provided that approved exporters apply the rules of origin of the EEA.
EFTA states and the Republic of Croatia are required to replace these authorizations with new authorizations issued under the conditions set out in Protocol 4 of the European Economic Area Agreement, no later than one year after the date of entry into force of the Agreement.
3. Requests for a posteriori control of the evidence of origin granted under the preferential agreements and agreements referred to in paragraphs 1 and 2 above shall be accepted by the competent customs authorities of the EFTA States and the new contracting party for a period of three years after the issuance of the evidence of the origin concerned and may be established by those authorities for a period of three years after acceptance of the proof of origin.
COMMUN DECLARATION SUR L'ADAPTATION SECTORIELLE DU LIECHTENSTEIN SUR LE DOMAINE DE LA LIBRE CIRCULATION DES PERSONNES
The current Contracting Parties and the new Contracting Party,
- Referring to the sectoral adaptations for Liechtenstein in the field of the free movement of persons under Annexes V and VIII of the EEA Agreement introduced by the decision of the Joint Committee of EEE No. 191/1999 and amended by the agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary,
- observing the current high demand from nationals of EU member states and EFTA states to obtain the right of residence in Liechtenstein, which exceeds the net immigration rate defined in the above-mentioned sectoral adaptations,
- considering that Croatia's participation in the EEA entails for a greater number of nationals the right to invoke the free movement of persons as set out in the EEA agreement,
agree to take due account of this factual situation as well as the unchanged absorption capacity of Liechtenstein during the review of sectoral adaptations provided for in Annexes V and VIII of the EEA Agreement.
COMMUN DECLARATION SUR LES SECTEURS PRIORITAIRES MENTIONNES IN THE PROTOCOLE 38TER
The current Contracting Parties and the new Contracting Party recall that all priority areas as defined in Article 3 of Protocol 38ter shall not be covered in the case of Croatia.
COMMON DECLARATION ON FINANCIAL CONTRIBUTIONS
The current contracting parties and the new contracting party agree that the various financial contribution terms agreed upon in the scope of the EEA are not a precedent for the period following their expiry on 30 April 2014.
OTHER DECLARATIONS OF THE OFFICE OF THE PARTIES CONTRACTING TO THE GENERAL COMMUNITY OF THE EFTAES
The States of the EFTA take note of the declarations, which present interest in the EEA agreement, attached to the final act of 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, Malta, the Republic of Cyprus,
The EFTA states point out that statements, which are of interest to the EEA Agreement, attached to the Final Act of the Treaty referred to in the preceding paragraph, cannot be interpreted or applied in a manner contrary to the obligations of the current Contracting Parties and the new Contracting Party arising from this Agreement or the EEA Agreement.
ADDITIONAL PROTOCOL AGAINST THE NORWAY ROYAL AND EUROPEAN UNION CONCERNING A NORWAY FINANCIAL MECANISM FOR THE 2009-2014 PERIODE CONSECUTIF À LA PARTICIPATION DE LA REPUBLIQUE DE CROATIE A L'ESPACE ECONOMIQUE EUROPEEN
EUROPEAN UNION
and
THE ROYAUME OF NORWAY,
VU the agreement between the Kingdom of Norway and the European Union concerning a Norwegian financial mechanism for the period 2009-2014,
VU the agreement on the participation of the Republic of Croatia in the European Economic Area,
WHEREAS to include the Republic of Croatia in the existing Norwegian financial mechanism for the period 2009-2014,
AND CONCLUDING THE PROTOCOL PRESENT,
ARTICLE 1
1. The agreement between the Kingdom of Norway and the European Union on a Norwegian financial mechanism for the period 2009-2014, hereinafter referred to as "agreement", applies mutatis mutandis to the Republic of Croatia.
2. Notwithstanding paragraph 1, paragraphs 2 and 3 of Article 3 of the Agreement do not apply.
3. Notwithstanding paragraph 1, section 6 of the agreement does not apply. No reassignment to another recipient State applies in the case of unspent credits from the Republic of Croatia.
ARTICLE 2
The additional financial contribution amounts to EUR 4.6 million for the Republic of Croatia during the period between 1^er July 2013 and April 30, 2014 inclusive; They shall be made available, in a single instalment, for the purpose of undertaking, from the date of entry into force of the Agreement relating to the participation of the Republic of Croatia in the European Economic Area or an agreement to apply this Agreement and this Protocol on an interim basis.
ARTICLE 3
This Protocol shall be ratified or approved by the parties in accordance with their own procedures. Instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
It comes into force on the day after the deposit of the last instrument of ratification or approval, provided that the instrument of ratification or approval of the agreement relating to the participation of the Republic of Croatia in the European Economic Area has also been deposited.
ARTICLE 4
This protocol, written in a single copy, in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Norwegian, all texts being equally authentic, is deposited with the General Secretariat of the Council of the European Union,
ADDITIONAL PROTOCOL AGAINST THE ECONOMIC COMMUNITY EUROPEAN AND ADVISORY ISLAND AGAINST THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION
EUROPEAN UNION
and
IsLAND
VU the agreement between the European Economic Community and Iceland, signed in Brussels on 22 July 1972, hereafter referred to as "agreement", and the regime currently applicable to the trade of fish and fish products between Iceland and the Community,
VU the additional protocol to the agreement between the European Economic Community and Iceland on specific provisions applicable to imports in the European Union of certain fish and fish products for the period 2009-2014,
VU the accession of the Republic of Croatia to the European Union,
VU the agreement on the participation of the Republic of Croatia in the European Economic Area,
VU the current regime applicable to trade in fish and fish products between Iceland and the Republic of Croatia,
DECIDENT to jointly determine the adaptations to the agreement following the accession of the Republic of Croatia to the European Union,
AND CONCLUDING THE PROTOCOL PRESENT,
ARTICLE 1
The texts of the agreement, the annexes and protocols, which are an integral part of it, as well as the final act and the declarations annexed thereto, are written in the Croatian language, and these texts are equally authentic as the original texts. The Board approved the Croatian text.
ARTICLE 2
1. The special provisions applicable to imports into the European Union of certain fish and fish products originating in Iceland are set out in this protocol.
2. The tariff quota volumes provided for in Article 3 of this Protocol cover the ten-month period between Croatia's accession to the European Union and the expiry of the EEA financial mechanism for the period 2009-2014 (1^er July 2013 - 30 April 2014). They are reviewed at the end of this period, taking into account all interests at stake.
3. The tariff quotas shall apply from the date on which the provisional application of this protocol takes effect, in accordance with the procedures set out in section 4, paragraph 3, and for a period of twelve months from that date.
ARTICLE 3
The Union opens the following additional duty-free tariff quotas for products originating in Iceland:
- langoustines (Nephrops norvegicus) frozen (code NC 0306 15 90): 60 tonnes net weight,
- fresh or refrigerated shaved nets (code NC 030449 50): 100 tonnes net.
ARTICLE 4
1. This Protocol shall be ratified or approved by the parties in accordance with their own procedures. Instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
2. It shall enter into force on the day after the deposit of the last instrument of ratification or approval, provided that the instruments of ratification or approval of the following agreements have also been deposited:
(i) Agreement on the participation of the Republic of Croatia in the European Economic Area;
(ii) Additional protocol to the agreement between the European Union and the Kingdom of Norway on a Norwegian financial mechanism for the period 2009-2014 following the participation of the Republic of Croatia in the European Economic Area;
(iii) Additional protocol to the agreement between the European Economic Community and the Kingdom of Norway following the accession of the Republic of Croatia to the European Union.
3. Pending the completion of the procedures referred to in paragraphs 1 and 2 of this Article, this Protocol shall be applied provisionally from the first day of the third month following the filing of the last notification of the parties to that effect.
ARTICLE 5
This protocol is written in a single copy, in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Icelandic, all texts being equally authentic, and is deposited with the General Secretariat of the Council of the European Union,
ADDITIONAL PROTOCOL AGAINST THE ECONOMIC COMMUNITY EUROPEAN AND THE ROYAUME OF NORWAY CONSECUTIF TO THE ADHESION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION
EUROPEAN UNION
and
THE ROYAUME OF NORWAY
VU the agreement between the European Economic Community and the Kingdom of Norway, signed on 14 May 1973, hereinafter referred to as "agreement", and the regime currently applicable to the trade of fish and fish products between Norway and the Community,
VU the additional protocol to the agreement between the European Economic Community and the Kingdom of Norway concerning specific provisions applicable to imports in the European Union of certain fish and fishery products for the period 2009-2014, including its article 1,
VU the accession of the Republic of Croatia to the European Union,
VU the agreement on the participation of the Republic of Croatia in the European Economic Area,
VU the current regime applicable to trade in fish and fishing products between Norway and the Republic of Croatia,
DECIDENT to agree on the adaptations to the agreement following the accession of the Republic of Croatia to the European Union,
AND CONCLUDING THE PROTOCOL PRESENT,
ARTICLE 1
The texts of the agreement, the annexes and protocols, which are an integral part of it, as well as the final act and the declarations annexed thereto, are written in the Croatian language, and these texts are equally authentic as the original texts. The Board approved the Croatian text.
ARTICLE 2
1. The special provisions applicable to imports into the European Union of certain fish and fish products originating in Norway are set out in this protocol.
2. The tariff quota volumes provided for in Article 3 of this Protocol cover the ten-month period between Croatia's accession to the European Union and the expiry of the EEA financial mechanism for the period 2009-2014 (of 1^er July 2013 to 30 April 2014). They are reviewed at the end of this period, taking into account all interests at stake.
3. The tariff quotas shall apply from the date on which the provisional application of this protocol takes effect, in accordance with the procedures set out in section 4, paragraph 3, and for a period of twelve months from that date.
4. The rules of origin applicable to the tariff quotas referred to in Article 3 are those contained in Protocol No. 3 to the agreement.
ARTICLE 3
The Union opens the following additional duty-free tariff quotas:
- herrings, spicy and/or vinegar, in brine (codes NC ex 1604 12 91, ex 1604 12 99): 1,400 tons (net drained weight).
ARTICLE 4
1. This Protocol shall be ratified or approved by the parties in accordance with their own procedures. Instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
2. It shall enter into force on the day after the deposit of the last instrument of ratification or approval, provided that the instruments of ratification or approval of the following agreements have also been deposited:
(i) Agreement on the participation of the Republic of Croatia in the European Economic Area;
(ii) Additional protocol to the agreement between the European Union and the Kingdom of Norway on a Norwegian financial mechanism for the period 2009-2014 following the participation of the Republic of Croatia in the European Economic Area;
(iii) Additional protocol to the agreement between the European Economic Community and Iceland following the accession of the Republic of Croatia to the European Union.
3. Pending the completion of the procedures referred to in paragraphs 1 and 2 of this Article, this Protocol shall be applied provisionally from the first day of the third month following the filing of the last notification of the parties to that effect.
ARTICLE 5
This protocol, written in a single copy, in German, English, Bulgarian, Croatian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Norwegian, all texts being equally authentic, is deposited with the General Secretariat of the Council of the European Union,
Done in Brussels, the 11th of April two thousand fourteen.