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24.4.2012 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.

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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.
(13) One of the objectives of the European Union is to deepen the solidarity between its peoples while
respecting their history, their culture and their traditions.
(14) The enlargement of the European Union, through the accession of Croatia, will contribute to
strengthening stability, freedom and prosperity in Europe. Croatia is expected to continue to play
an active role in regional cooperation in the Western Balkans. The Commission welcomes Croatia's
declaration on promoting European values in South-East Europe and in particular Croatia's
commitment that bilateral issues should not obstruct the accession process of candidate countries.
Croatia's accession confirms the EU's commitment to the European perspective of all the Western
Balkan countries,
HEREBY DELIVERS A FAVOURABLE OPINION:
on the accession to the European Union of the Republic of Croatia.
This opinion is addressed to the Council.
Done at Brussels, 12 October 2011.
For the Commission
For the Commission
tefan FLE
The President
Member of the Commission in charge of
José Manuel BARROSO
Enlargement

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Document Outline

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