L 112 Official Journal

ISSN 1977-0677 Official Journal L 112 of the European Union Volume 55 English edition Legislation 24 April 2012 Contents Documents concerning the accession of the Republic of Croatia to the European Union ★ Commission Opinion of 12 October 2011 on the application for accession to the European Union by the Republic of Croatia . 3 ★ European Parliament legislative resolution of 1 December 2011 on the accession to the European Union of the Republic of Croatia (14409/2011 ‒ C7-0252/2011 ‒ 2011/0805(NLE)) (Consent) . 5 ★ Decision of the Council of the European Union of 5 December 2011 on the admission of the Republic of Croatia to the European Union . 6 Table of Contents . 7 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 Italian Republic, 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, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Croatia concerning the accession of the Republic of Croatia to the European Union . 10 Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community . 21 ANNEX I — List of conventions and protocols to which the Republic of Croatia accedes upon accession (referred to in Article 3(4) of the Act of Accession) . 35 ANNEX II — List of provisions of the Schengen acquis as integrated into the framework of the European Union and the acts building upon it or otherwise related to it, to be binding on, and applicable in, the Republic of Croatia as of accession (referred to in Article 4(1) of the Act of Accession) . 36 (Continued overleaf) Price: EUR 7 Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other acts are printed in bold type and preceded by an asterisk. EN Contents (continued) ANNEX III — List referred to in Article 15 of the Act of Accession: adaptations to acts adopted by the institutions . 41 ANNEX IV — List referred to in Article 16 of the Act of Accession: other permanent provisions . 60 ANNEX V — List referred to in Article 18 of the Act of Accession: transitional measures . 67 ANNEX VI — Rural development (referred to in Article 35(2) of the Act of Accession) . 87 ANNEX VII — Specific commitments undertaken by the Republic of Croatia in the accession negotiations (referred to in Article 36(1), second subparagraph, of the Act of Accession) . 88 ANNEX VIII — Commitments undertaken by the Republic of Croatia on the restructuring of the Croatian shipbuilding industry (referred to in Article 36(1), third subparagraph, of the Act of Accession) 89 ANNEX IX — Commitments undertaken by the Republic of Croatia on the restructuring of the steel sector (referred to in Article 36(1), third subparagraph, of the Act of Accession) . 91 Protocol on certain arrangements concerning a possible one-off transfer of assigned amount units issued under the Kyoto Protocol to the United Nations Framework Convention on Climate Change to the Republic of Croatia, as well as the related compensation . 92 Final Act . 95 I. Text of the Final Act . 97 II. Declarations . 106 III. Exchange of Letters between the European Union and the Republic of Croatia on an information and consul tation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession . 108 EN DOCUMENTS concerning the accession of the Republic of Croatia to the European Union 24.4.2012 EN Official Journal of the European Union L 112/3 COMMISSION OPINION of 12 October 2011 on the application for accession to the European Union by the Republic of Croatia THE EUROPEAN COMMISSION, Having regard to the Treaty on European Union, and in particular Article 49 thereof, Whereas: (1) Any European state which respects the values of the European Union and is committed to promoting them may apply to become a member of the Union. The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. (2) The Republic of Croatia has applied to become a member of the European Union. (3) In its opinion of 20 April 2004 on Croatia ( 1 ), the Commission has already expressed its views on certain essential aspects of the issues arising in connection with this application. (4) The European Council meeting in Copenhagen in June 1993 laid down the conditions for eligibility that guide the accession process and the Commission's regular assessments of Croatia's readiness for membership. The political criteria require Croatia to ensure the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; these requirements are now enshrined in the Treaty on European Union and the Charter of Fundamental Rights of the European Union. The economic criteria require the existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union. The acquis criterion refers to the ability to take on the obligations of membership arising from the Treaties and the Union's legislation, the acquis, including adherence to the aims of political, economic and monetary union. The Union's capacity to absorb new members, while maintaining the momentum of European integration, is also an important consideration in the general interest of both the Union and the candidate country. (5) The Stabilisation and Association Process conditionality for the Western Balkan countries was defined by the Council on 31 May 1999 and includes cooperation with the International Criminal Tribunal for the Former Yugoslavia, and regional cooperation. (6) In December 2006, the European Council agreed that an enlargement strategy based on consoli dation, conditionality and communication, combined with the Union’s capacity to integrate new members, forms the basis for a renewed consensus on enlargement. (7) The conditions of admission and the adjustments to the Treaties were negotiated in a Conference between the Member States and Croatia. These negotiations were conducted in line with the negotiating framework, which provides for strict conditionality at the stage of opening and closing chapters. The negotiations were completed on 30 June 2011, and the agreed provisions are fair and proper. (8) In joining the European Union, Croatia accepts, without reserve, the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community including all their objectives and all decisions taken since their entry into force, as well as the options taken in respect of the development and strengthening of the European Union and that Community. ( 1 ) COM(2004) 257 final. L 112/4 EN Official Journal of the European Union 24.4.2012 (9) It is an essential feature of the legal order introduced by these Treaties that certain of their provisions and certain acts adopted by the institutions are directly applicable, that the law of the Union takes precedence over any national provisions which might conflict with it, and that procedures exist for ensuring the uniform interpretation of the law of the Union. Accession to the European Union implies recognition of the binding nature of these rules, observance of which is indispensable to guarantee the effectiveness and unity of the law of the Union. (10) The Commission considers that Croatia meets the political criteria and expects Croatia to meet the economic and acquis criteria and to be ready for membership by 1 July 2013. Membership requires the continued respect of the values on which the Union is founded as well as the commitment to promoting them. (11) Croatia has reached a high level of preparedness for membership. The Commission calls on Croatia to maintain its efforts to align with the acquis and further strengthen its administrative capacity, including through sustainable progress of its public administration reform. The Commission will continue to monitor closely Croatia's fulfilment of all the commitments undertaken in the accession negotiations, including those which must be achieved before the date of accession, and its continued preparations to assume the responsibilities of membership upon accession. Monitoring will focus in particular on commitments undertaken by Croatia in the area of the judiciary, the fight against corruption, and fundamental rights, in the area of justice, freedom, and security, including border management, as well as in the area of competition policy. If issues of concern are identified during the monitoring process and are not remedied by Croatia, the Commission will, when necessary, address early warning letters to the Croatian authorities and may propose to the Council to take all appropriate measures already prior to accession. The Commission also reserves the right to invoke the various safeguard clauses set out in the Accession Treaty as well as the specific mechanism for State aid to the Croatian shipbuilding and steel industries. (12) The Commission calls on the Croatian authorities to complete the translation and revision of the acquis before the date of accession in order to ensure legal certainty in the implementation of EU legislation.

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