# EUR-Lex - 52013PC0057 - EN

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# 52013PC0057

**Proposal for a COUNCIL DIRECTIVE adapting certain directives in the field of transport policy, by reason of the accession of Croatia /* COM/2013/057 final - 2013/0036 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The proposal for a Council Directive adapting
certain directives in the field of transport policy is necessitated by the
upcoming accession of the Republic of Croatia to the European Union.

The Treaty concerning the accession of the Republic of Croatia to the European Union[1]
was signed by all Member States of the European Union and the Republic of Croatia at Brussels on 9 December 2011.

Article 3 (3) of the Treaty of Accession
provides that it shall enter into force on 1 July 2013 provided that all the
instruments of ratification have been deposited before that date.

Article 3(4) of the Treaty of Accession of the Republic of Croatia enables the institutions of the Union to adopt before accession measures referred
to, inter alia, in Article 50 of the Act concerning the conditions of accession
of the Republic of Croatia[2].
These measures shall enter into force only subject to and on the date of the
entry into force of the Treaty of Accession.

Article 50 of the Act of Accession provides that where acts of the institutions adopted prior to
accession require adaptation by reason of accession, and the necessary
adaptations have not been provided for in this Act or its Annexes, the Council
or the Commission (if the original acts were adopted by the Commission) shall
adopt the necessary acts.

Point 2 of the Final Act[3] refers
to the political agreement on a set of adaptations to be adopted by the
institutions which was reached between the Member States and Croatia in the
context of the approval of the Treaty of Accession; the High Contracting
Parties of the Treaty of Accession invited the Council and the Commission to
adopt these adaptations before accession in accordance with Article 50 of the
Act of Accession, completed and updated where necessary to take account of the
evolution of the law of the Union.

The present proposal covers all Council
directives as well as European Parliament and Council directives which require
technical adaptation by reason of the accession of Croatia in the field of
transport policy – corresponding to negotiation chapter 14.

This proposal is part of a series of proposals
for Council directives by the Commission to the Council which regroup the
technical adaptations to Council directives as well as European Parliament and
Council directives corresponding to negotiation chapters into separate
proposals for different Council directives. This structure is designed to
facilitate the transposition of the directives concerned by Member States into their
respective legal orders. The package of proposals for legal acts which the
Commission has transmitted to the Council is composed of this series of
proposals for Council directives on the one hand, as well as of a proposal for
a single Council regulation which covers the relevant European Parliament and
Council regulations and decisions as well as the relevant Council regulations
and decisions on the other hand. This is in line with the approach which was
taken in the past in view of the accession of Bulgaria and Romania[4].

It is foreseen that all the legal acts included
in this package will be published in the Official Journal of the European
Union at the same date.

The present proposal and the other proposals
included in this package will take into account technical adaptations to the acquis
which were published in the Official Journal of the European Union until 1
September 2012. The reasons for this are to provide sufficient time for the
legislative processes involved on the one hand, and for the fulfilment of the ensuing
transposition and notification obligations by Member States as regards
directives on the other hand. Adaptations which may be necessary to the acquis
published in the Official Journal of the European Union after 1 September 2012
will be foreseen in the relevant acts themselves or done at a later stage
through the appropriate procedure. In addition, the Commission intends to
informally provide a list of such legislation to Member States in early July
2013.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

As this proposal is of a purely technical
nature and does not involve any political choices, consultations with
interested parties or impact assessments would not have made sense.

3.           LEGAL ELEMENTS OF THE PROPOSAL

The legal basis for this proposal is Article 50
of the Act concerning the conditions of accession of the Republic of Croatia.

The principles of subsidiarity and
proportionality are fully respected. The action of the Union is necessary under
the principle of subsidiarity (Article 5 (3) TEU) because it concerns technical
adaptations to legal acts which were enacted by the Union. The proposal
respects the principle of proportionality (Article 5 (4) TEU) because it does
not go beyond what is necessary to reach the objective pursued.

4.           BUDGETARY IMPLICATION

The proposal has no budgetary implications.

2013/0036 (NLE)

Proposal for a

COUNCIL DIRECTIVE

adapting certain directives in the field
of transport policy, by reason of the accession of Croatia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union,

Having regard to the Treaty of Accession of
the Republic of Croatia, and in particular Article 3(4) thereof,

Having regard to the Act of Accession of
the Republic of Croatia, and in particular Article 50 thereof,

Having regard to the proposal from the
Commission,

Whereas:

(1)       Pursuant to Article 50 of
the Act of Accession, where acts of the institutions adopted prior to accession
require adaptation by reason of accession, and the necessary adaptations have
not been provided for in the Act of Accession or its Annexes, the Council,
acting by qualified majority on a proposal from the Commission, shall, to this
end, adopt the necessary acts, if the original act was not adopted by the
Commission.

(2)       The Final Act of the
Conference which drew up the Treaty of Accession indicated that the High
Contracting Parties had reached political agreement on a set of adaptations to
acts adopted by the institutions required by reason of accession and invited
the Council and the Commission to adopt these adaptations before accession,
completed and updated where necessary to take account of the evolution of the
law of the Union.

(3)       Directives 91/440/EEC[5], 91/672/EEC[6], 92/106/EEC[7], 1999/37/EC[8], 1999/62/EC[9], 2003/59/EC[10], 2006/87/EC[11], and 2006/126/EC[12] should therefore be amended
accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directives 91/440/EEC, 91/672/EEC,
92/106/EEC, 1999/37/EC, 1999/62/EC, 2003/59/EC, 2006/87/EC, and 2006/126/EC shall be amended as set out in the Annex.

Article 2

1.           Member States shall adopt
and publish, by the date of accession of the Republic of Croatia to the
European Union at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions.

They shall apply those provisions from the date
of accession of the Republic of Croatia to the European Union.

When Member States adopt those provisions, they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
determine how such reference is to be made.

2.           Member States shall
communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force
subject to, and as from the date of the entry into force of the Treaty of
Accession of the Republic of Croatia.

Article 4

This Directive is addressed to the Member
States.

Done at Brussels,

For
the Council

The
President

ANNEX

TRANSPORT POLICY

A.           ROAD TRANSPORT

1.           31992
L 0106: Council Directive 92/106/EEC of 7 December 1992 on the
establishment of common rules for certain types of combined transport of goods
between Member States (OJ L 368, 17.12.1992, p. 38):

In Article 6(3), the following is inserted
after the entry for France:

–
'Croatia:

godišnja naknada za
uporabu javnih cesta koja se plaća pri registraciji motornih i
priključnih vozila;'

2.           31999 L 0037:
Council Directive 1999/37/EC of 29 April 1999 on the registration
documents for vehicles (OJ L 138, 1.6.1999, p. 57):

(a)
In Annex I, point II.4, in the second
indent, the following is inserted after the entry for France:

'HR:   Croatia'.

(b)
In Annex I, point III.1.A (b), the
following is inserted after the entry for France:

'HR    Croatia'.

(c)
In Annex II, point II.4, in the second
indent, the following is inserted after the entry for France:

'HR:   Croatia'.

(d)
In Annex II, point III.1.A (b), the
following is inserted after the entry for France:

'HR    Croatia'.

3.           31999
L 0062: Directive 1999/62/EC of the European Parliament and of the
Council of 17 June 1999 on the charging of heavy goods vehicles for
the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42):

In Article 3(1), the following is inserted
after the entry for France:

'- Croatia:

godišnja naknada za
uporabu javnih cesta koja se plaća pri registraciji motornih i

priključnih
vozila,'.

4.           32003
L 0059: Directive 2003/59/EC of the European Parliament and of the
Council of 15 July 2003 on the initial qualification and periodic training
of drivers of certain road vehicles for the carriage of goods or passengers,
amending Council Regulation (EEC) No 3820/85 and Council Directive
91/439/EEC and repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003,
p. 4):

(a)
In Annex II, point 2 (c), the following is
inserted between the entries for France and Ireland:

'HR:      Croatia'.

(b)
In Annex II, point 2 (e), the following
is inserted after the entry in French:

'kvalifikacijska
kartica vozača'

(c)
In Annex II, point 2, below the words 'side 2 contains',
the second subparagraph of point (b) is replaced by the following:

'If a Member State wishes to word these entries
in a national language other than one of the following languages: Bulgarian,
Spanish, Czech, Danish, German, Estonian, Greek, English, French, Croatian,
Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese,
Romanian, Slovak, Slovenian, Finnish and Swedish, it shall draw up a bilingual
version of the card using one of the abovementioned languages, without
prejudice to the other provisions of this Annex.'

5.           32006
L 0126: Directive 2006/126/EC of the European Parliament and of the
Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18):

(a)
In Annex I, point 3, below the words 'Page 1
shall contain', point (c) is replaced by the following:

'(c) the distinguishing sign of the Member
State issuing the licence, printed in negative in a blue rectangle and
encircled by twelve yellow stars; the distinguishing signs shall be as follows:

B: || Belgium

BG: || Bulgaria

CZ: || The Czech Republic

DK: || Denmark

D: || Germany

EST: || Estonia

GR: || Greece

E: || Spain

F: || France

HR: || Croatia

IRL: || Ireland

I: || Italy

CY: || Cyprus

LV: || Latvia

LT: || Lithuania

L: || Luxembourg

H: || Hungary

M: || Malta

NL: || The Netherlands

A: || Austria

PL: || Poland

P: || Portugal

RO: || Romania

SLO: || Slovenia

SK: || Slovakia

FIN: || Finland

S: || Sweden

UK: || The United Kingdom

(b)
In Annex I, point 3, below the words 'Page 1
shall contain', point (e) is replaced by the following:

'(e) the words "European Union model"
in the language(s) of the Member State issuing the licence and the words
"Driving Licence" in the other languages of the Union, printed
in pink to form the background of the licence:

Свидетелство
за
управление
на МПС

Permiso de Conducción

Řidičský
průkaz

Kørekort

Führerschein

Juhiluba

Άδεια
Οδήγησης

Driving Licence

Permis de conduire

Vozačka dozvola

Ceadúas Tiomána

Patente di guida

Vadītāja
apliecība

Vairuotojo
pažymėjimas

Vezetői engedély

Liċenzja
tas-Sewqan

Rijbewijs

Prawo Jazdy

Carta de Condução

Permis de conducere

Vodičský preukaz

Vozniško dovoljenje

Ajokortti

Körkort;'.

(c)
In Annex I, point 3, below the words "Page
2 shall contain", the second paragraph of point (b) is replaced by the
following:

'If a Member State wishes to make the entries
in a national language other than one of the following languages: Bulgarian, Croatian,
Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek,
Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian,
Slovak, Slovenian, Spanish or Swedish, it will draw up a bilingual version of
the licence using one of the aforementioned languages, without prejudice to the
other provisions of this Annex.'.

B.           TRANSPORT BY RAIL

31991 L 0440: Council Directive 91/440/EEC of 29 July 1991 on the development of
the Community's railways (OJ L 237, 24.8.1991, p. 25):

In Annex I, the following is inserted in
the list of ports after the entry for France:

'HRVATSKA

Ploče

Pula

Rijeka

Split

Šibenik

Zadar'

C.           TRANSPORT BY INLAND
WATERWAY

1.           31991
L 0672: Council Directive 91/672/EEC of 16 December 1991 on the
reciprocal recognition of national boatmasters' certificates for the carriage
of goods and passengers by inland waterway (OJ L 373, 31.12.1991,
p. 29):

In Annex I, under the heading 'GROUP B', the
following is added:

'Republic of Croatia:

–
Svjedodžba o
stručnoj osposobljenosti/Befähigungszeugnis

Zapovjednik - vrsta
A/Schiffsführer – Klasse A

(Certificate of professional qualification – Boatmaster type A)

–
Svjedodžba o
stručnoj osposobljenosti/Befähigungszeugnis

Zapovjednik - vrsta
B/Schiffsführer – Klasse B

(Certificate of professional qualification – Boatmaster type B)

(in accordance with the Ordinance on the professional titles and
qualifications of boatmen, Official Gazette No. 73/09)'

2.           32006
L 0087:
Directive 2006/87/EC of the European Parliament
and of the Council of 12 December 2006 laying down technical requirements for
inland waterway vessels and repealing Council Directive 82/714/EEC (OJ L 389, 30.12.2006, p. 1):

(i) Annex I is amended as follows:

(a)
In Chapter 2, Zone 3, the following is inserted
after the entry for France:

'Republic of Croatia

Danube: from rkm
1295+500 to rkm 1433

River Drava: from rkm 0 to rkm 198+600

River Sava: from rkm 211 to rkm 594

River Kupa: from rkm 0 to rkm 5+900

River Una: from rkm 0 to rkm 15'

(b)
In Chapter 3, Zone 4, the
following is inserted after the entry for France:

'Republic of Croatia

All other waterways not listed in Zone 3'.

(ii) Annex IX is amended as follows:

(a)
In Part I, Chapter 4, Article 4.05, point 1, the
following entry is inserted in the list:

'25 = Croatia'.

(b)
In Part III, Chapter 1, Article 1.06, point 2,
the following entry is inserted in the list:

'25 = Croatia'.

(c)
in Part IV, Chapter 1, Article 1.06 , point 2,
the following entry is inserted in the list:

'25 = Croatia'.

[1]               OJ L 112, 24.4.2012, p. 10.

[2]               OJ L 112, 24.4.2012, p. 21.

[3]               OJ L 112, 24.4.2012, p. 95.

[4]               OJ L 363, 20.12.2006, p. 1.

[5]               OJ L 237, 24.8.1991, p. 25.

[6]               OJ L 373, 31.12.1991, p. 29.

[7]               OJ L 368, 17.12.1992, p. 38.

[8]               OJ L 138, 1.6.1999, p. 57.

[9]               OJ L 187, 20.7.1999, p. 42.

[10]               OJ L 226, 10.9.2003, p. 4.

[11]               OJ L 389, 30.12.2006, p. 1.

[12]               OJ L 403, 30.12.2006, p. 18.