. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/360
18 March 2002
(02-1402)
Council for Trade in Goods Original:  English
ROAD TRANSIT OF HAZARDOUS MATERIALS IN CROATIA
Communication from the Republic of Croatia
The following communication, dated 15 March 2002, has been received from the Permanent
Mission of the Republic of Croatia.
_______________
Following the communication by Slovenia, circulated in documents G/C/W/346 and
G/C/W346Add.1 respectively, the Government of the Republic of Croatia would like to clarify to the
WTO Members the policy objectives which led up to the introduction of the measures, as well as to
explain their nature under the provisions of the GATT 1994 and other WTO Agreements.
The road traffic in Croatia has significantly increased in recent years as a result of a growing
number of motor vehicles and opening of the new transit corridors from the states of the region, which
reached their independence in the past decade.  On the other hand, the road infrastructure has not
followed these economic processes and needs. The total length of Croatian roads is 27.840 kilometres
with 470 kilometres accounting fo r motorways or two-lane two-wa y toll roads, which are the only
roads convenient for heavy traffic. In addition, some newly established transit corridors pass nearby
national parks (road Zagreb - Split – possible transit corridor to B-H) while the Adriatic tourist road
(possible transit corridor to Montenegro – FRY) passes through tourist centres along the Adriatic
coast.
The increase of road traffic, accidents of vehicles transporting hazardous materials with
significant environmental impact, as well as deceptive practices connected with inter alia , black
marketeering of crude oil and oil products led to the need to find a systematic solution to the problem
of hazardous materials' transportation in Croatia.
Therefore, the Ministry of the Interior adopted the Rules of Procedure Amending the Rules of
Procedure on Methods of Transporting Hazardous Materials in Road Transport of 8th January 2002,
which temporarily banned the transit of crude oil and oil products through the territory of Croatia. The
Rules of Procedure applied only to road transit, and did not affect any other means of transport.
After additional assessment of all aspects of the issue, the Croatian Government decided to
improve the system of transport of hazardous materials, and consequently the Ministry of the Interioramended the above mentioned Rules of Procedure on 24
th January 2002, thus authorising the road
transit of crude oil and oil products through the territory of Croatia, but introduced the obligation to
comply with the measures determined by the competent bodies of the Croatian Government.
These measures were published in the Official Gazette prior to their entry into force and they
include:
- corridors for transit of hazardous materials (of classes 1,2,3,6.1, 7 and 8)
- border crossings for import, export and transit of hazardous materials
Above-mentioned measures apply to all imports and export to or from Croatia and transit
through Croatia, irrespective of the origin of goods or owner of the vehicle. In case the goods areG/C/W/360
Page 2
imported for the Croatian market, when goods are customs cleared and all the charges are being paid,
the vehicle, irrespective of its owner or the origin of goods, can deliver the shipment directly by road
anywhere in Croatia, in accordance with its transport documentation. Such a procedure is in
accordance with Arti cle III of the GATT 1994, thus fully complying with the national treatment.
The corridors determined for the transit of hazardous materials through Croatia are the best
quality roads with proper infrastructure in case of accidents, which was necessary for the protection of
the environment and increase of road transport safety.  Due to the overall conditions of Croatian
roads, designated roads contribute to safety of transport, thus avoiding risk of accidents. In 2001, there
were 14 accidents involving vehicles transporting oil and oil derivatives, most of them happened on
the roads other than those currently designated as transit routes. Therefore, the necessity to divert
transport of hazardous goods through designated roads is based on Article XX of the GATT 1994, and
such measures do not create unnecessary obstacles to international trade as they were introduced withthe intention to fulfil legitimate objectives which are the protection of environment and prevention of
deceptive practices in the sense of the TBT Agreement.
The introduction of these measures has not led to reduced or prevented road transit through
the Croatian territory, which is justified in the data of the number of vehicles transporting oil and oilderivatives in transit by road through customs offices Zagreb, Osijek and Rijeka, i.e. 1303 vehicles in
February 2001 in comparison with 2025 vehicles in February 2002. These data illustrate an increase
of 55.4%.
The data received from Customs Directorate and the Ministry of the Interior demonstrate that
carriers got used to these new provisions and that average waiting time for the border procedures, as
well as the border charges remained more or less the same, thus not hampering carrier’s regular
activities. Simultaneously, maritime and railway transit have increased.
It is only worth mentioning that the corridors de fined for the transit of hazardous materials are
the most convenient routes for international road transit in the sense of Article V:2 of the GATT. No
new measures were introduced for other means of tran sport. In addition, in the sense of Article V:3 of
the GATT, Croatia requires that the traffic in transit through its territory be entered at the proper
customs house. The data illustrates that the transit is not subject to any unnecessary delays or
restrictions, as the time necessary at the border crossing has not changed from the time the measures
have been adopted. No new fees have been introduced. All charges and regulations imposed by
Croatia in transit to or from the territories of other parties are reasonable, having regard to theconditions of the traffic. The determined corridors are the most convenient international roads for
international transit. It is the truth that some traditional routes were changed, but Croatian carriers
have to use these same routes when transporting hazardous material including crude oil and oil
products.
Croatia believes that all the information provided in this communication prove that Croatia is
not violating its terms of accession to the WTO, neither that Slovenia’s benefits under the GATT 1994
are being nullified or impaired in the meaning of Article XXIII of the GATT 1994. Croatia is fully
honouring all its commitments related to free transit of goods and normal flow of trade.
The Croatian Government is ready to discuss w ith all interested parties, including Slovenia,
the technical details of the measures. However, to this end, the willingness of all interested parties is
needed. At the meeting of 25
th February 2002 with the Slovenian side, such consultations were agreed
and the meeting is arranged for 18th March 2002. This is in line with Croatian Government’s
continued efforts to attain mutual understanding on this issue with its partners including Slovenia, incompliance with international and European practice.
__________