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EN
Brussels, 30 June 2011
12332/11
PRESSE 219
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The thirteenth meeting oI the Accession ConIerence with Croatia at Ministerial level was
held today in Brussels to allow EU and Croatia to close accession negotiations. In light oI
the positions oI the Parties, and oI the considerable progress made with preparations in all
areas under negotiation, the Accession ConIerence closed the last Iour negotiating
chapters, namely Chapter 8 - Competition Policy, Chapter 23 - Judicial and Fundamental
Rights, Chapter 33 - Financial and Budgetary Provisions and Chapter 35 - Other Issues. In
addition, the ConIerence conIirmed at Ministerial level the closure oI Chapter 13 -
Fisheries.
Today's meeting marked the successIul completion oI a negotiating process that has lasted
more than Iive years since accession negotiations were opened in October 2005.
The European Union delegation was headed by Janos Martonyi, Hungary's Minister Ior
Foreign AIIairs. Commissioner SteIan Fle represented the European Commission.
The Croatian delegation was led by Gordan Jandrokovic, Deputy Prime Minister and
Minister oI Foreign AIIairs and European Integration.
Details on the chapters closed are provided below:
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The negotiations on Chapter 8 - Competition Policy were opened on 30 June 2010. At that
time, the EU noted that, in order Ior the chapter to be provisionally closed, Croatia would
have, !"#$% &'!&, to continue to build its administrative capacity and to demonstrate a
satisIactory enIorcement record; to complete the legislative alignment with the EU &()*!+;
to adopt an updated national restructuring programme Ior the steel sector and to ensure Iull
respect oI the EU state aid rules in the shipbuilding sector.
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At today's meeting, the EU commended Croatia Ior decisive progress allowing Ior the
closure oI this chapter. In this regard, the EU noted that Croatia has taken important
measures to increase its administrative capacity, which can now be considered as
suIIicient. The EU also noted the positive trend in the antitrust and mergers enIorcement
record, which is considered as satisIactory, and encouraged Croatia to continue its eIIorts.
Concerning state aid, the EU considered that Croatia's administrative capacity to ensure the
implementation oI the State aid acquis is satisIactory, noted that Croatia has reached a
satisIactory enIorcement record and encouraged Croatia to continue its eIIorts in this area.
Moreover, the ConIerence agreed that the Accession Treaty will include two protocols
regarding the restructuring oI the Croatian shipbuilding industry and steel sector
respectively, whose implementation will be monitored closely.
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The negotiations on Chapter 23 - Judiciary and Fundamental Rights were also opened on
30 June 2010. At that time, the EU noted that, in order Ior the chapter to be provisionally
closed, Croatia would have, !"#$% &'!&: to update its Judicial ReIorm Strategy and Action
Plan and ensure eIIective implementation; to strengthen the independence, accountability,
impartiality and proIessionalism oI the judiciary; to improve the eIIiciency oI the judiciary;
to improve the handling oI domestic war crimes cases; to establish a track record oI
substantial results in the Iight against organised crime and corruption at all levels including
high level corruption, and in vulnerable sectors such as public procurement; to establish a
track record oI strengthened prevention measures in the Iight against corruption and
conIlict oI interest; to strengthen the protection oI minorities, and to settle outstanding
reIugee return issues and to improve the protection oI human rights. The European Union
also underlined that Iull cooperation with the International Criminal Tribunal Ior the
Iormer Yugoslavia remained a requirement Ior Croatia's progress throughout the accession
process.
The EU welcomed the various measures taken and plans to be IulIilled by Croatia
pertaining to all aspects oI this chapter and the eIIorts undertaken aimed at completing the
legislative Iramework. The EU underlined the importance oI Croatia continuing to develop
its track record oI implementation across the board, thereby Iurther demonstrating that the
reIorms introduced continue delivering concrete results. The EU will monitor Croatia's
preparations Ior membership very closely, including the Iull implementation oI
commitments and all other expected necessary measures until accession.
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The negotiations on Chapter 33 - Financial and Budgetary Provisions were opened on 19
December 2007. At that time, the EU noted that, in order Ior the chapter to be
provisionally closed, Croatia would have, !"#$% &'!&, to increase its administrative capacity
and prepare procedural rules to ensure it will be able, Irom accession, to correctly
calculate, Iorecast, account Ior, collect, pay, control and report to the EU on own resources
in line with the &()*!+.
At today's meeting, the EU noted that its position was based on the Commission
Communication oI 29 October 2009 and in accordance with the Council conclusions oI 7
December 2009 on a Iinancial package Ior the accession negotiations with Croatia.
Moreover the EU stressed that its position was based on the same principles and
methodology underlying the Iinancial packages agreed with the twelve Member States oI
the IiIth enlargement, and recalled its positions on Iinancial issues regarding Chapter 11
Agriculture and Rural Development and Chapter 22 Regional Policy and Coordination oI
Structural Instruments.
The EU also underlined that its approach aimed to balance the speciIic needs oI Croatia on
the one hand, with an appropriate phasing in oI certain expenditure items on the other.
Based on an accession date Ior Croatia oI 1 July 2013, the Iinancial package outlined in the
EU common position Ioresees total commitment appropriations oI t687.5 million in
current prices Ior Croatia in the second halI oI 2013. Following this period, expenditure Ior
Croatia will be governed by the then applicable &()*!+, including the next Iinancial
Iramework, taking into account the continued phasing-in oI certain expenditure items as
well as ring-Ienced expenditure in 2014 covering a "cash-Ilow Iacility" and a "Schengen
Iacility".
The EU careIully considered Croatia's request Ior the application oI transitional corrective
measures with regard to the payments oI Croatia into the EU budget. The EU recalled that
the own resources &()*!+ will Iully apply to Croatia as Irom accession and stressed that
payments due to the EU budget by Croatia shall be made in accordance with the relevant
&()*!+. In this light, the EU considered that, in order to mitigate the impact oI Iull
application Irom accession oI the own resources rules to Croatia and the time lag between
commitment appropriations and actual payments being made, particularly in the Iirst year
oI accession, a special temporary "cash-Ilow Iacility" should be made available to Croatia
to improve its net budgetary position, namely: t 75 million in 2013 and t 28.6 million in
2014.
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The EU also stressed that the protection oI the EU's Iinancial interests is oI the utmost
importance, and thereIore underlined the importance oI Croatia ensuring, in a timely
manner, that the required capacities and structures Ior the sound management and eIIective
control oI EU Iinancial instruments are in place in accordance with the &()*!+.
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This chapter consists oI 8 items which have come to the negotiations at the very end oI the
process, namely: European Development Fund; Research Fund Ior Coal and Steel;
Arrangements Ior the interim period; Implementation and management oI pre-accession
Iunds in Croatia; Amendments to the statute oI the European Investment Bank;
Arrangement Ior a partial waiving oI entry/exit summary declarations Ior goods crossing
the NeumCorridor; Monitoring and saIeguards; and a Protocol on certain arrangements
concerning a possible one-oII transIer oI Assigned Amount Units issued under the Kyoto
Protocol to Croatia, as well as the related compensation.
Regarding the important issue oI Monitoring and SaIeguards, the EU recalled the
importance it attaches to closely monitoring Croatia's IulIilment oI all the commitments
undertaken in the accession negotiations and its continued preparations to assume the
responsibilities oI membership upon accession. The EU noted that the Commission will be
responsible Ior the monitoring and invited Croatia to cooperate with the Commission in
this regard.
The Commission's monitoring shall Iocus in particular on commitments undertaken by
Croatia in the area oI Judiciary and Fundamental Rights, including the continued
development oI track records on judicial reIorm and eIIiciency, impartial handling oI war
crimes cases, and the Iight against corruption. In addition, the Commission's monitoring
will Iocus on the area oI justice, Ireedom and security, including the implementation and
enIorcement oI EU requirements with respect to external border management, police
cooperation, the Iight against organised crime, and judicial cooperation in civil and
criminal matters, as well as on commitments in the area oI competition policy including
the restructuring oI the shipbuilding industry and the restructuring oI the steel sector.
The Commission shall issue six-monthly assessments up to Croatia`s accession on the
commitments taken by Croatia in these chapters as an integral part oI its regular
monitoring tables and reports.
The Council, acting by qualiIied majority on a proposal Irom the Commission, may take all
appropriate measures iI issues oI concern are identiIied during the monitoring process. The
measures shall be maintained no longer than strictly necessary and, in any case, shall be
liIted by the Council, acting in accordance with the same procedure, when the relevant
issues oI concern have been eIIectively addressed.
The provisions Ior monitoring set out in the EU common position will be inserted in the
Accession Treaty. The Treaty provisions will speciIy that such measures may, iI necessary,
enter into Iorce beIore the date oI the entry into Iorce oI the Treaty itselI.
***
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Given that all negotiating chapters have now been closed and that there are no other issues
open, the Accession ConIerence conIirmed the successIul conclusion oI the accession
negotiations with Croatia, thus Iully implementing the conclusions oI the June European
Council and marking a historic day Ior Croatia and Ior the EU as a whole.
EIIorts will now be directed to completing the draIting oI the Accession Treaty so that it
can be signed by the end oI the year, as agreed at the June European Council.