# EUR-Lex - 52011DC0667 - EN

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# 52011DC0667

**COMMISSION OPINION on the application for accession to the European Union by the Republic of Croatia /* COM/2011/0667 final */**

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COMMISSION
OPINION

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 consolidation, 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.

(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.

[1]               COM(2004) 257 final.