TABLE OF CONTENTS

1........... Introduction. 4

2........... Political criteria. 5

3........... Economic criteria. 10

3.1........ The existence of a functioning market economy. 10

3.2........ Capacity to cope with competitive pressure and market forces within the Union. 12

4........... Commitments and requirements arising from the accession negotiations. 13

4.1........ Chapter 1: Free movement of goods. 14

4.2........ Chapter 2: Freedom of movement for workers. 15

4.3........ Chapter 3: Right of establishment and freedom to provide services. 15

4.4........ Chapter 4: Free movement of capital 16

4.5........ Chapter 5: Public procurement 17

4.6........ Chapter 6: Company law.. 18

4.7........ Chapter 7: Intellectual property law.. 19

4.8........ Chapter 8: Competition policy. 19

4.9........ Chapter 9: Financial services. 20

4.10...... Chapter 10: Information society and media. 21

4.11...... Chapter 11: Agriculture and rural development 22

4.12...... Chapter 12: Food safety, veterinary and phytosanitary policy. 23

4.13...... Chapter 13: Fisheries. 24

4.14...... Chapter 14: Transport policy. 25

4.15...... Chapter 15: Energy. 26

4.16...... Chapter 16: Taxation. 27

4.17...... Chapter 17: Economic and monetary policy. 28

4.18...... Chapter 18: Statistics. 28

4.19...... Chapter 19: Social policy and employment 29

4.20...... Chapter 20: Enterprise and industrial policy. 30

4.21...... Chapter 21: Trans-European networks. 31

4.22...... Chapter 22: Regional policy and coordination of structural instruments. 31

4.23...... Chapter 23: Judiciary and fundamental rights. 32

4.24...... Chapter 24: Justice, freedom and security. 37

4.25...... Chapter 25: Science and research. 41

4.26...... Chapter 26: Education and culture. 42

4.27...... Chapter 27: Environment and climate change. 43

4.28...... Chapter 28: Consumer and health protection. 45

4.29...... Chapter 29: Customs union. 46

4.30...... Chapter 30: External relations. 47

4.31...... Chapter 31: Foreign, security and defence policy. 47

4.32...... Chapter 32: Financial control 48

4.33...... Chapter 33: Financial and budgetary provisions. 49

1. Introduction

Accession negotiations with Croatia were closed in June 2011. After the Commission’s favourable opinion, the European Parliament’s assent and the Council decision on the admission of Croatia, the Accession Treaty was signed on 9 December 2011. Croatia will become a Member of the European Union on 1 July 2013, subject to the Accession Treaty being ratified by all Member States. As an acceding country, Croatia has active observer status during the interim period before accession.

In the course of the negotiations, Croatia has agreed to a number of commitments, which have to be implemented by the date of accession, at the latest, unless specific transitional arrangements have been agreed.

Article 36 of the Act of Accession requires the Commission to closely monitor all commitments undertaken by Croatia in the accession negotiations, focusing in particular on competition policy, judiciary and fundamental rights, and freedom, security and justice. Moreover, as an integral part of its regular monitoring tables and reports the Commission is to issue six-monthly assessments up to accession on the implementation of Croatia’s commitments in these areas. The Commission adopted a Monitoring Report on Croatia’s accession preparations in April 2012[1] and Croatia developed an action plan to follow up on its recommendations. The Act further provides for the Commission to present a Comprehensive Monitoring Report to the European Parliament and the Council in autumn 2012.

In line with Article 36 of the Act of Accession, this Comprehensive Monitoring Report assesses the progress made by Croatia in its preparations for accession in the period October 2011 to September 2012, provides an overall assessment of the level of preparedness for membership and highlights the areas in which further efforts are necessary in order for Croatia to be ready for membership on 1 July 2013.

Furthermore, Article 36 of the Act of Accession provides that if issues of concern are identified during the monitoring process and not remedied by Croatia, the Commission will, if necessary, address early warning letters to the Croatian authorities and may propose to the Council that all appropriate measures be taken even before accession. In addition, as in the previous enlargement, the Act of Accession contains a general economic safeguard clause, an internal market safeguard clause and a safeguard clause on justice, freedom and security.

The report contains three main parts:

– The first part briefly describes the situation with regard to compliance with the political criteria.

– The second part describes the situation with regard to compliance with the economic criteria.

– The third part gives an overview of where Croatia stands in terms of fulfilling all of the commitments and requirements arising from the accession negotiations for each acquis chapter, both in terms of legislation and implementation, as well as the overall level of preparedness for each acquis chapter.

This assessment is based on information gathered and analysed by the Commission, including input provided by Croatia, and information shared by Member States and international and civil society organisations in their regular contacts with the Commission. The assessment is also based on the Commission’s findings in its updated Monitoring Tables, a working tool aimed at following up in detail on all of Croatia’s commitments in the context of the negotiations.

Through this report, the Commission also aims to assist Croatia in its further preparations for membership.

In this context, Croatia must ensure that the EU acquis is translated into Croatian. Of the nearly 144 000 pages of acquis, Croatia has already translated about 114 000 pages. However, about 50% of these already translated pages have still to be revised by the national authorities before they can be submitted to the EU institutions.

Croatia should further increase its capacity to ensure the completion of the translation and revision of the acquis in time for accession. The Commission calls on the Croatian authorities to maintain focus on this issue, which is essential in order to ensure legal certainty in the implementation of EU legislation. With regard to financial assistance, the 2012 Instrument for Pre-accession Assistance (IPA) programmes totalled € 156 million. This assistance is focused on institution-building and preparing for implementation of the EU’s common agricultural policy and cohesion policy. In addition, Croatia continued to benefit from regional and horizontal programmes.

Overall, Croatia has demonstrated that the decentralised implementation system under the IPA functions satisfactorily, although some delays were encountered in implementation. The Court of Auditors issued a report on EU pre-accession assistance in Croatia in February 2012. The findings of the Court will be followed up by the Commission and addressed in bi-annual reports by Croatia. Croatia has submitted to the Commission its request to waive ex ante controls by the date of accession, in accordance with the provisions in the Accession Treaty. A transition facility has been agreed for the first year following accession to strengthen judicial and administrative capacity.

The Commission has drawn conclusions regarding Croatia in its separate Communication on Croatia’s state of preparedness for EU membership[2], based on the technical analysis contained in this report.

2. Political criteria

This section examines Croatia’s compliance with the Copenhagen political criteria, which require stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. It also monitors regional cooperation, good neighbourly relations with enlargement countries and Member States, and compliance with international obligations, such as cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY).

Issues relating to the judiciary, corruption and human rights are dealt with in more detail under Chapter 23 – Judiciary and fundamental rights, which also addresses cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) and war crimes.

Parliament / Election issues

Parliamentary elections were held in December 2011 and a new government appointed thereafter. Elections took place in a pluralistic environment and were administered in an efficient and transparent manner. However, improvements are necessary with regard to maintenance of the voters’ list and work has been initiated in this respect. This needs to be addressed as a matter of urgency, with a view to local elections and the election of Croatia’s members to the European Parliament scheduled for spring 2013.

Public administration

The implementation of the State Administration Reform Strategy (2008-2011) has been finalised. No follow up strategy has been developed. The Civil Service Human Resources Development Strategy (2010-2013) is being implemented. Amendments to the Civil Service Act entered into force, providing for increased mobility among civil servants. The process of harmonising the relevant sectoral legislation with the General Administrative Procedures Act has continued and almost reached completion. The legal framework on salaries, necessary to ensure merit-based promotion and reward mechanisms and to attract and retain qualified personnel, still remains to be finalised.

The administrative capacity to implement and monitor public administration reform requires further attention, in particular at local level. Further efforts are needed with regard to training staff of the Ministry of Public Administration and other line ministries, in particular with a view to their role in the future management of the Structural Funds. The State School for Public Administration needs to be further strengthened. Increased efforts are required to strengthen administrative capacity for the future implementation of cohesion policy and to develop a mature project pipeline.

Further efforts are needed to improve the professionalism of the public service. Efficient implementation of the relevant legal framework is necessary in order to continue building a modern, reliable, transparent and citizen-oriented public administration. In view of the recent substantial restructuring of the public administration, and taking into account the additional responsibilities of EU membership, Croatia should address without delay the administrative capacity constraints identified in this Comprehensive Monitoring Report and ensure that the completion of preparations for EU membership is not affected.

Judicial system (See also Chapter 23 – Judiciary and fundamental rights)

Implementation of the judicial reform strategy and action plan has continued, along with efforts to strengthen the independence, accountability, impartiality and professionalism of the judiciary. The reformed State Judicial Council (SJC) and State Prosecutorial Council (SPC) have continued to function independently. Both bodies have continued to appoint judicial officials based on transparent, uniform and objective criteria. Efforts are needed to improve their functioning especially in order for them to carry out their increased tasks. Improvements are needed in the procedures leading to the selection and assignment of new judges and prosecutors. Croatia has continued to implement various measures aiming at improving the efficiency of the judiciary. While the backlog of old criminal cases continues to fall, the number of old civil cases has increased over the last 18 months. This general trend of increase of unresolved cases, mainly civil, commercial, misdemeanours and enforcement cases is a matter of concern. The merger of courts as part of the court rationalisation process is continuing, as is the functional rationalisation of the state prosecutor’s offices. The revised enforcement system needs to be adopted and implemented in order to lead to further concrete results.

Anti-corruption policy (See also Chapter 23 – Judiciary and fundamental rights)

An adequate legal and institutional framework remains in place and a track record of implementation continues to be developed. Law enforcement bodies remain proactive, especially on higher-level cases. Local-level corruption needs attention, particularly in public procurement. Croatia has improved its track record of strengthened prevention measures by means of a number of legal instruments. However, Croatia has not fully implemented the conflict of interest legislation and has overturned the previous provisions on the criteria for membership of supervisory and management boards of public companies. Some initial steps have been taken for the setting up of the Conflict of Interest Commission, with the publication of the request for expression of interests for the selection of the Commission’s members. The Commission needs to be established and start operating without delay. The scope and implementation of access to information legislation requires attention. As regards the financing of political parties and election campaigns, the State Electoral Commission, the supervisory body, was strengthened and the new rules from 2011 were applied without major difficulties, with only a few shortcomings identified.

Human rights and the protection of minorities (See also Chapter 23 – Judiciary and fundamental rights)

Human rights continue to be generally well respected. The general Ombudsman and specialised ombudspersons continue to play an important role in human rights protection. However, there has been no proper follow-up of the Ombudsman’s recommendations. The gay pride events in Split and Zagreb took place without major incidents, with strong commitment from the Croatian government to their smooth organisation. Lesbians, gays, bisexual and trans-gender (LGBT) people still face discrimination and even threats and attacks.

Protection of minorities has continued to improve, through the continued implementation of measures including the Constitutional Act on the Rights of National Minorities. However, the minority employment in the state administration and judiciary remains below the level required by the act. In line with the Constitution, eight representatives of national minorities were elected in the parliamentary elections of December 2011. Croatia needs to foster a spirit of tolerance towards minorities, in particular Croatian Serbs and to take measures to protect those who may still be subjected to threats or acts of discrimination, hostility or violence. The Roma minority faces particularly difficult living conditions, and challenges remain in the areas of education, social protection, health care, employment and access to personal documents.

The situation with regard to refugee return issues has improved and the implementation of the housing care programmes continues, although at a slower pace. Conditions for sustainable refugee return need to be further developed.

Freedom of expression, including freedom and pluralism of the media is provided for in Croatian law and is generally respected. A new law on the public broadcaster was adopted in July 2012. Continued efforts are needed to ensure the independence of the public service broadcaster and to increase its transparency.

ICTY and war crimes (See also Chapter 23 - Judiciary and fundamental rights)

Croatia continues to cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY). Croatia has continued to process war crimes cases including the priority cases identified at the national and regional level linked to the 2011 strategy on impunity. More cases were transferred to the specialised chambers. However, efforts to address impunity for war crimes should be intensified, as the majority of crimes have yet to be successfully prosecuted. Measures need to be taken to facilitate the attendance of witnesses at trial, especially in cases relocated to specialised chambers.

Regional cooperation

Croatia has continued the dialogue with neighbouring countries in order to address open bilateral issues. The Declaration of the Croatian Parliament of October 2011 on promoting European values in south-east Europe emphasised Croatia’s firm commitment to supporting the other countries of the region on their path to EU integration.

Croatia continued to engage in cooperation on war crimes at bilateral and regional level and cooperation between judicial authorities, in particular prosecutors, continued to be good. Discussions are ongoing with Serbia on a cooperation agreement, aimed also at addressing the potentially negative implications of the Law on invalidation of certain legal acts of the judicial bodies of the Former Yugoslav National Army, the former Socialist Federal Republic of Yugoslavia and of the Republic of Serbia adopted in October 2011.

Croatia has continued to contribute actively to the Sarajevo Declaration Process. A ministerial declaration was signed in November 2011 in Belgrade renewing political commitment to bringing this chapter to a close. An international donors’ conference was held in April 2012 in Sarajevo to secure funding for a durable solution for all refugees in the region who were displaced as a result of the armed conflicts in the former Yugoslavia in the 1990s. Croatia needs to allocate the necessary additional funding.

The unresolved fate of missing persons from the conflicts in the 1990s remains a humanitarian concern in the Western Balkans. As of August 2012, there were still approximately 13,250 people missing from the conflicts in the region. Of these, some 9,550 were related to the conflict in Bosnia and Herzegovina, approximately 1,900 to the conflict in Croatia and over 1,800 to the conflict in Kosovo*. In the past year approximately 1,100 remains were identified at regional level. A comprehensive process to review the cases of missing persons needs to be carried out as an important step in the reconciliation process in the region.

Bilateral relations with other enlargement countries and neighbouring EU Member States

Relations with other enlargement countries and neighbouring EU Member States are continuing to improve. A number of bilateral and regional issues, including succession issues, remain to be addressed.

The second informal meeting of the Presidents of Croatia, Serbia and the Bosnia and Herzegovina Presidency took place in February 2012, focusing on the fight against organised crime and economic cooperation.

Croatia continues to have good relations with Albania and the former Yugoslav Republic of Macedonia.

Relations with Bosnia and Herzegovina have intensified. A number of meetings have taken place to address the implications for bilateral relations of Croatia’s accession to the EU. In this context, discussions have continued with regard to the outstanding issues on border management, with limited progress. The local border traffic agreement and the agreement on free transit through the port of Ploče, in Croatia, and the Neum corridor, in Bosnia and Herzegovina, should be aligned with the EU acquis and ready before accession (See Chapter 24 – Justice, freedom and security). Urgent attention should be paid to complete preparations for border inspection posts (See Chapter 12 – Food safety, veterinary and phytosanitary policy). Limited progress was achieved in resolving outstanding issues, including property issues and border demarcation. The Croatian government has announced its intention to initiate the procedure for the ratification of the 1999 Border Agreement.

Croatia continues to have good relations with Montenegro. The temporary agreement on Prevlaka continues to function smoothly. There has been no further progress in the procedure for submitting the border demarcation to the International Court of Justice.

Relations with Serbia are stable, regardless of a number of outstanding issues (border demarcation, missing persons). The two countries are working on a bilateral agreement on war crimes prosecution, aiming at addressing potentially negative implications of the Law on invalidation of certain legal acts of the judicial bodies of the former Yugoslav National Army, the former Socialist Federal Republic of Yugoslavia and the Republic of Serbia, which has been challenged by the Croatian President at the Constitutional Court. There have been no tangible results with regard to border demarcation concerning the Danube. The Serbian government submitted its written pleadings supporting its counter-suit against Croatia before the International Court of Justice on genocide allegations in November 2011. A Protocol on the return to Croatia of cultural assets taken during the war in the 1990s was signed, thus resolving an outstanding bilateral issue.

Relations with Kosovo have been further developed. High-level visits continue to take place.

Relations with Turkey continue to be good and high-level meetings between the two countries were held.

Croatia continues to have good relations with neighbouring EU Member States Hungary and Italy.

Relations with Slovenia continued to improve. The procedure on the international border arbitration between Croatia and Slovenia has started. The Arbitral Tribunal held its first procedural meeting on 13 April 2012, when it was decided that the parties’ first memorials would be simultaneously submitted on 11 February 2013, the counter-memorials would be simultaneously submitted on 11 November 2013, and a hearing would be held in the spring of 2014. Concerning the Ljubljanska Banka case (guarantee of foreign currency deposits), Croatia has reconfirmed its commitment to resuming negotiations under the auspices of the Bank for International Settlements. Two experts have been nominated by the parties with the aim of finding a mutually acceptable way forward to resolve the issue.

As in previous years, Croatia continues to fulfil the political criteria for membership. In all areas covered by the political criteria (stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities) work has continued and results are becoming tangible. Further efforts are needed to continue strengthening the rule of law, by improving public administration and the justice system and by fighting and preventing corruption effectively. Croatia needs to intensify its efforts to address impunity for war crimes. In the area of human rights and the protection of minorities, further efforts are needed. Croatia needs to continue to foster a spirit of tolerance towards minorities, in particular Croatian Serbs. The Roma minority continues to face particularly difficult living conditions. Regional cooperation and bilateral relations with neighbouring EU Member States and other enlargement countries have continued to improve. A number of bilateral issues remain to be addressed.

3. Economic criteria

In examining economic developments in Croatia, the Commission’s approach was guided by the conclusions of the European Council in Copenhagen in June 1993, which stated that membership of the Union requires the existence of a functioning market economy and the capacity to cope with competitive pressure and market forces within the Union.

3.1. The existence of a functioning market economy

Economic policy essentials

Croatia’s Pre-accession Economic Programme (PEP) for 2012-2014, submitted in March 2012, presented a comprehensive, though optimistic, macroeconomic and fiscal framework for economic policies. The government plans to consolidate public finances by reining in expenditures while stimulating economic growth through infrastructure-oriented investments by publicly owned companies. Monetary policy continues to be conducted within the framework of exchange rate stability vis-à-vis the euro. The consensus on the fundamentals of a market economy was maintained.

Macroeconomic stability

In 2011, annual GDP is estimated to have stagnated (-0.0%) in real terms compared to 2010. GDP still declined in the first quarter, then started to expand in the second and third quarters, before contracting again in the final quarter. Final domestic demand continued to contract in 2011, particularly due to a further drop in investment activity (-7.2%). Private consumption was slightly positive (+0.2%), but this was partly offset by lower public consumption (-0.3%). The level of real GDP was held up by inventory accumulation, which contributed 1.1 percentage points to growth. Net exports added 0.4 percentage points to GDP growth as exports of goods and services expanded faster than imports. GDP per capita in purchasing power terms remained unchanged from 2010 at 61% of the EU-27 average.

The renewed output decline accelerated in the first seven months of 2012. Following a 0.4% contraction in the fourth quarter of 2011, GDP declined by 1.3% year-on-year in the first quarter and by 2.2% in the second quarter of 2012. In July, the monthly indicators of economic activity were all sharply lower in real year-on-year terms: retail sales by -5.1%, industrial production by -5.5% and construction output by -9.7%. The current account deficit narrowed from 1.1% of GDP in 2010 to 0.9% in 2011 before widening again in the first quarter of 2012. Like in the preceding year, Croatia’s trade performance in 2011 indicated a lack of international competitiveness. Market share was lost as exports of goods and services increased by 2.0% in volume terms while the weighted export market grew by 5.4%. Imports of goods and services in volume terms increased by 1.2% although domestic demand contracted by 0.6%. Inflows of foreign direct investment were € 1 billion, which was far below the pre-recession level, but 3 times higher than in 2010. Gross external debt declined slightly from a revised 105% of GDP at the end of 2010 to 103% at the end of 2011 before returning to 105% in mid-2012. Gross international reserves increased from 24.1% of GDP at the end of 2010 to 25.2% at the end of 2011 and further to 26.1% at the end of July 2012 helped by a large foreign-bond issue by the government in April. Despite a significant stock of international reserves, the high level of gross external debt remains a key vulnerability of the Croatian economy.

The labour market continued to deteriorate in 2011. Unemployment was high at 13.5%, a 1.7 percentage point increase on the previous year. Employment fell by 3.2%. The rising trend of unemployment continued into 2012. In July the registered unemployment rate was 0.7 percentage points higher year-on-year. There has only been little progress in reducing the structural weaknesses of Croatia’s labour market, which are reflected in low employment and participation rates and high rates of youth and long-term unemployment. In 2011, the employment rate declined to 52.4%, the participation rate fell to 60.8%, while youth unemployment increased to 36.1%.

Consumer price inflation increased from 1.1% in 2010 to 2.3% in 2011, mainly as a result of higher international prices for energy and food commodities and their pass-through to related domestic prices. A small depreciation of the domestic currency contributed also to the rise in the price level. Due to the slack in resource utilisation, not least in the labour market, underlying inflationary pressures have remained low on the domestic side. However, a 2 percentage point increase in the general VAT rate and increases in administered energy prices have pushed up the year-on-year increase of consumer prices to 2.8% in the first eight months of 2012.

Monetary policy succeeded in preserving exchange rate and financial stability. It remained oriented towards a tightly managed kuna/euro exchange rate with little variability, but without a formal peg to the euro. This monetary framework anchors inflation expectations and reduces exchange rate-related credit risks in the highly euroised economy. The kuna appreciated by 1.4% against the euro between the beginning of October 2011 and 19 September 2012. In this period, the central bank stabilized the kuna/euro rate by selling € 724.4 million and by buying € 58.1 million in the foreign exchange market. On two occasions the central bank supported the domestic currency by raising the reserve requirement rate for banks, but was able to reverse most of these increases when the kuna was strengthening. Foreign exchange liquidity was expanded by lowering the rate of minimum required foreign exchange currency claims of banks relative to their foreign currency liabilities. Overall, monetary policy was able to maintain an appropriately accommodative stance in a context of persisting recessionary conditions.

Fiscal policy has, to some extent, contained the negative budgetary consequences of the continuing recession. In 2011 total expenditures of general government were held unchanged year-on-year in nominal terms as stipulated by the Croatian parliament in August 2010. The share of social transfers in total expenditures was reduced somewhat, but huge scope remains for increasing the efficiency of public spending through better targeting of social support. Total revenues declined by 0.6%, mainly as a result of changes in the tax legislation in the preceding year. Net borrowing by general government increased from a revised 5.0% of GDP in 2010 to 5.1% of GDP in 2011. This outcome is significantly below the budgeted deficit (5.6% of GDP) mainly because realised public investment expenditure was 0.5 percentage points of GDP below budget. General government consolidated gross debt increased from 42.2% of GDP at the end of 2010 to 50.5% at the end of June 2012 (excluding outstanding state guarantees and the debt of the State Development Bank). A tax reform in February 2012 included an increase in the general VAT rate from 23% to 25% and a reduction in the employers’ contribution to the compulsory health insurance from 15% to 13%. The Ministry of Finance projects a general government fiscal deficit of 3.9% of GDP in 2012. Revenues are budgeted to increase by 1.7% while expenditures are projected to decrease by 1.2%. In the first half of 2012, net borrowing of general government amounted to 2.0% of projected full-year GDP. The Ministry’s current budgeting is based on the optimistic assumption of stagnating real GDP in 2012. Overall, the budgetary process continued to show weaknesses. The efficiency of public spending needs to be enhanced in order to ensure medium-term fiscal sustainability.

Interplay of market forces

The private sector’s share of GDP and employment has remained at around 70% of the overall economy. In the twelve months to the end of June 2012, the Government Asset Management Agency (GAMA) reduced its holdings from 693 to 649 companies. The proceeds of the sales were relatively modest since many of the companies were liquidated in the process. GAMA’s remaining portfolio consists predominantly of highly indebted and often loss-making companies. Overall, little progress has been made towards reducing the large role of the state in the economy.

Market entry and exit

The legal framework for companies entering and leaving the market did not change significantly in the reporting period. The average number of active legal entities in 2011 was 9.4% lower than in 2010. The investment climate remained hampered by difficulties in obtaining the necessary licences, building permits and other authorisations; by uncertainties arising from changes in the legal environment; and by the lack of certainty and uniformity of public administration decisions and the length of the related procedures, particularly at local level. A large number of non-tax fees at national and local levels continue to be a significant burden for entrepreneurs although their number and rates have been reduced. Overall, lengthy procedures and numerous non-tax fees hamper business start-ups and the business environment in general.

Legal system

The weaknesses of the judicial system continue to hinder the effective enforcement of creditor and property rights. The length of court proceedings remains generally excessive and problems persist with the enforcement of court decisions. Investors still face problems regarding the registration of property. The business environment continues to suffer from inefficiencies in the public administration.

Financial sector development

The financial sector continued to be dominated by banks, which held 75% of the total assets of financial intermediaries at the end of June 2012. Market concentration has remained moderate, with the four largest banks continuing to hold about two thirds of total banking assets. Banking sector assets were 1.9% higher year-on-year at the end of July 2012 and amounted to 122% of GDP. The sector has remained stable and well capitalised with the capital adequacy ratio increasing to 20.2% at the end of June 2012. Bank profitability has generally remained depressed since 2009. There was a slight improvement in the return on equity for banks in 2010 and 2011 followed by a renewed decrease in the first half of 2012. The quality of bank loans continued to deteriorate, with the share of non-performing loans in total loans rising by 1.4 percentage points year-on-year to 13.3% at the end of June 2012. The largely unhedged foreign exchange liabilities of the non-financial private sector remain a significant risk.

3.2. Capacity to cope with competitive pressure and market forces within the Union

Existence of a functioning market economy

Croatia is a functioning market economy. The monetary policy stance has remained appropriate given the existing constraints imposed by the very high level of external debt while fiscal policy has contained the rise of the budget deficit under recessionary conditions.

Human and physical capital

Further steps were taken to improve the quality of education at all levels. The government continued its programme of active labour market policy measures, but rigidities in the labour market remain a major challenge.

Investment fell for a third consecutive year in 2011, again mainly due to a drop in construction activity. As a share of GDP, investment declined from 21.6% in 2010 to 19.8% in 2011. Foreign direct investments, particularly greenfield investments, remained scarce. The 30 public-sector investment projects (mainly in energy, tourism, water management and transport infrastructure) which the government announced in late 2010 have not materialised. The new government’s Investment Cycle Plan schedules investments by publicly-owned companies, mainly through public-private partnerships and with funds from international financial institutions. These projects focus predominantly on energy, infrastructure and education.

Sector and enterprise structure

The services sector increased its share of total gross value added slightly, from 69.3% in 2010 to 69.7% in 2011. The share of industry rose from 18.4% to 18.8% while the share of agriculture, forestry and fishing fell from 5.5% to 5.4%. These gains were made at the expense of construction, whose share of total gross value added further declined, from 6.8% in 2010 to 6.1% in 2011. Small and medium-sized enterprises (SMEs) continued to account for around 50% of GDP, their share of total exports amounted to around 40%, and they employ more than 63% of all employed people. The government continued to support SMEs through the Croatian Agency for SMEs (HAMAG Invest) and the State Development Bank (HBOR).

State influence on competitiveness

State aid amounted to 2.8% of GDP in 2010 and preliminary data indicate that it was in the range of 2.6–2.8% of GDP in 2011. Sector-specific aid, including for agriculture and fisheries, represented 87% of overall State aid in 2010, with the remainder going to horizontal aid (research and development, employment, SMEs, environmental protection, training, etc.). There has been little change in the share of horizontal aid in total State aid in the period 2008-2010.

Trade integration

Croatia is an open economy with total trade in goods and services accounting for around 82% of GDP in 2011, up from 77% in 2010. The EU has continued to be Croatia’s largest trading partner. Its shares of total Croatian exports and imports of goods remained relatively stable in 2011 at 60% and 62% respectively. 91% of all FDI stocks stemmed from EU Member States. Overall, integration with the EU in the areas of trade and investment remained high.

The kuna depreciated slightly in real effective terms in 2011. The depreciation amounted to 2.4% year-on-year on the basis of consumer prices, 1.4% on the basis of producer prices, and 0.9% on the basis of unit labour costs. Unit labour costs decreased due to rising labour productivity. Overall, standard indicators point, on balance, to a slight improvement in Croatia’s international price competitiveness in 2011.

4. Commitments and requirements arising from the accession negotiations

This section examines Croatia’s ability to take on the obligations of membership — that is, the acquis as expressed in the Treaties, the secondary legislation and the policies of the Union. It also analyses Croatia’s administrative capacity to implement the acquis. The analysis is structured in accordance with the list of 33 acquis chapters. In each sector, the Commission’s assessment covers progress achieved during the reporting period and summarises Croatia’s overall level of preparedness for accession and the respect of commitments taken in the accession negotiations. Where appropriate, reference is made to transitional arrangements agreed during accession negotiations.

4.1. Chapter 1: Free movement of goods

Croatia has largely aligned its legislation as regards the general principles. It has almost completed implementing its action plan for compliance with Articles 34 to 36 of the Treaty on the Functioning of the European Union (TFEU). Urgent attention must be paid to the requirements imposed by Croatia for additional intermediate storage of imported petroleum products, which constitute a measure having an effect equivalent to quantitative restrictions, not in line with the acquis.

As regards horizontal measures, Croatia has largely aligned its legislation with the acquis. A further revision of the Act on technical requirements for products and on conformity assessment is necessary for further alignment the Croatian legislation with the acquis.

As regards standardisation, the Croatian Standards Institute (HZN) has transposed nearly all European standards (ENs). The HZN was chosen as a notification body for the implementation of the Agreement on Technical Barriers to Trade (WTO/TBT).

As regards conformity assessment, the Croatian legislation is advanced but needs some further amendments to align it with the new legislative framework.

In the field of accreditation, European cooperation for Accreditation (EA) completed in December 2011 the re-assessment of the Croatian Accreditation Agency (HAA) with a successful outcome. At the 18 April 2012 meeting of the EA MAC (Multi-Lateral Agreement Council) it was decided that the HAA remains an EA MLA signatory in all accreditation fields (calibration, testing, inspection and certification management systems, products and persons). So far the HAA has accredited a total number of 314 bodies and publishes a list of these with the detailed scope of their accreditation on the official website (www.akreditacija.hr).

Alignment with the acquis in the area of metrology is advanced, but finishing the transfer of responsibility for scientific metrology to the National Metrology Institute (NMI) remains the main outstanding issue in this field.

Alignment with the acquis in the field of market surveillance is well advanced. The State Inspectorate’s enforcement measures have been improved. The State Inspectorate ensured coordination between market surveillance institutions and carried out eight joint inspection programmes.

Legislative alignment has further advanced as regards the ‘Old Approach’ product legislation, where a number of regulations have been adopted such as on chemicals and good laboratory practice in pharmaceuticals. Further efforts are needed to achieve full alignment in particular as regards data exclusivity in pharmaceutical products, veterinary medicinal products and pre-packaging. Further efforts are needed to build up the necessary administrative capacity to ensure proper implementation of the legislation. Croatia continues to provide periodic reports to the Commission on the implementation of the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems.

In accordance with the transitional arrangement granted, Croatia is committed to upgrading market authorisations for medicinal products granted before accession, to comply with the level of quality, efficacy and safety stipulated by the Directive on medicinal products, at the latest four years after accession.

Croatia has further advanced as regards alignment with the ‘New and Global Approach’ product legislation. Safety of toys regulation has been adopted. Further efforts are still needed, particularly on construction products, civil explosives, eco-design requirements for energy-related products, gas appliances, measuring instruments, non-automatic weighing instruments, pressure equipment, simple pressure vessels and medical devices.

Croatia has further advanced in aligning its legislation in the area of procedural measures, and alignment is almost complete. The transposition of Directive 98/34/EC on the provision of information in the field of technical standards and regulations has yet to be completed. Croatia has transposed the acquis governing acquisition and possession of weapons in June 2012.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of free movement of goods and is expected to be in a position to implement the acquis as of accession. Further efforts are required, in particular in the field of horizontal measures, as well as New and Old Approach product legislation, in order to ensure that Croatia completes its preparations for membership by the date of accession. Urgent attention must be paid to the requirements imposed by Croatia for additional intermediate storage of imported petroleum products.

4.2. Chapter 2: Freedom of movement for workers

In the field of access to the labour market, Croatia has completed alignment with the acquis. A transitional arrangement has been agreed whereby for the first two years following accession, current Member States will apply national measures, or bilateral agreements, to regulate the access of Croatian workers to their labour markets. These arrangements may continue for up to a maximum of seven years. Croatia may apply equivalent measures to any current Member State applying restrictions.

In the area of future participation in the EURES (European Employment Services) network, Croatia is well prepared. Preparations have continued with a view to connecting the Croatian Employment Service to the European Job Mobility Portal.

In the area of coordination of social security systems, Croatia is well prepared. Administrative capacity is being strengthened. Training has been provided to staff of the state administration on topics such as pension insurance, health insurance and family benefits. The required estimate of the additional financial costs of health care to be taken into account in internal budgetary planning is still pending.

Preparations in relation to the European Health Insurance Card (EHIC) are reaching completion. A Regulation on EHIC was adopted in December 2011 determining the period of validity of the card (one year for all insured persons, if necessary longer for posted workers and their family members), the form of the card (it will be issued as a separate card), and all other necessary details needed for its issuance.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of freedom of movement for workers and is in a position to implement the acquis as of accession.

4.3. Chapter 3: Right of establishment and freedom to provide services

In the area of the right of establishment and freedom to provide cross-border services Croatia has largely aligned its legislation with the acquis. The main principles of the Services Directive have been transposed into a horizontal law, while several sector-specific legislative alignments are pending.

Preparations for the functioning of the Point of Single Contact (PSC) have progressed and need to continue in order to have a fully operational PSC before accession.

Continuous efforts are needed to strengthen the administrative capacity of all institutions working on implementing the Services Directive and on improving their cooperation with the relevant ministries. The Section for Internal Market Service Development at the Ministry of Economy currently employs 4 people out of 7 persons. The Section is constantly undertaking training activities for its own staff and the staff of other relevant institutions working on services, in particular those of the Croatian Chamber of Economy, i.e. staff working on the PSC.

Legislative alignment in the area of postal services is almost completed. However, the recent administrative practice raises some concerns as to its compatibility with the postal acquis, notably on the regulatory treatment of value added services. Further legislative efforts are still needed to ensure full transposition of the Third Postal Directive. The national regulator, the Croatian Post and Electronic Communications Agency (HAKOM), has continued to strengthen its overall administrative capacity and regulatory expertise. In particular, it is currently actively working on a cost accounting separation method and on a manual for accounting separation. This is of utmost importance in view of regulatory significance of separate cost accounts and recently raised concerns about unjustified pricing practices by the national postal operator.The Croatian Post, the designated universal service provider, adopted a new business plan for 2012, to prepare for full liberalisation of the postal services market. Work on a new central logistic centre for the public operator is advancing. Further efforts are needed to modernise the national postal operator, to fully establish separate cost accounting and to ensure adequate supervision by the regulator.

Croatia is on track to meeting its commitments in the field of mutual recognition of professional qualifications. Croatia has considerably aligned its legislation with the EU acquis for the four sectorial professions of doctors, dental practitioners, nurses responsible for general care and midwives. Few issues, notably regarding the nurses responsible for general care and midwives and some minor legal drafting issues regarding basic medical doctors and medical specialists, still remain to be addressed before accession.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of the right of establishment and freedom to provide services and is expected to be in a position to implement the acquis as of accession. Further efforts are needed particularly for alignment with the Services Directive and in the field of mutual recognition of professional qualifications in order to ensure that Croatia completes its preparations for membership by the date of accession.

4.4. Chapter 4: Free movement of capital

Preparations are almost completed in the field of payment systems, but some further legislative alignment is needed to ensure direct application of the cross-border payment Regulation.

As regards the fight against money laundering, preparations are almost completed. The Croatian Financial Intelligence Unit (FIU) and other supervisory bodies continued their training activities for the reporting entities. The Financial Inspectorate strengthened its administrative capacity with the recruitment of 6 new employees. Croatia still has to keep up its efforts in this area. The administrative capacity of all bodies dealing with anti-money laundering should be further strengthened. Croatia should continue to co-ordinate criminal and financial investigations. Croatia has stepped up efforts in identifying money laundering offences, resulting in increased number of investigations. There is good level of interagency cooperation. Special attention is needed with respect to designated non-financial business and professionals (DNFBP).

In the area of free movement of capital Croatia has achieved a good level of alignment with the acquis. Further attention must be paid to the amendments to the Act on the Privatisation of INA and the Act on the Privatisation of Telecom concerning special government rights and to the amendments of the provisions for acquisition of land in areas covered by the Nature Protection Act to explicitly eliminate existing restrictions.

In accordance with the transitional arrangement granted, Croatia is committed to removing restrictions on the acquisition of agricultural land by EU/EEA nationals at the latest before the seventh year after accession.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of the free movement of capital and is expected to be in a position to implement the acquis as of accession. Further efforts are required, in particular as regards amendments to the Acts on the Privatisation of INA and of Telecom as well as the Nature Protection Act and the continued implementation of the action plan against money laundering, in order to ensure that Croatia completes its preparations for membership by the date of accession.

4.5. Chapter 5: Public procurement

Legislative alignment as regards the general principles has further advanced and is almost complete. The new Public Procurement Act (PPA) entered into force in January 2012 and a number of implementing acts were adopted. The defence procurement act was adopted and in force since August 2012. The Act on the establishment of the State Commission for supervision of public procurement procedures needs to be amended in order to be harmonised with the new PPA Croatia has decided to draft a new law on Concessions. The sector regulating legislation needs to be aligned with the law once adopted. Efforts need to focus primarily on the implementation of the new PPA, especially at local level, also with a view to the future management of the Structural Funds.

Croatia has further advanced as regards the award of public contracts; administrative capacity needs to be enhanced to ensure appropriate implementation. New Act on Public Private Partnership was adopted on 6 July; full alignment of the final text with the acquis remains to be confirmed. The new e-Notices platform has been in operation since January 2012 but a strategy on e-procurement together with a concrete Action Plan have to be prepared and implemented.

With regard to administrative capacity, the Department for the Public Procurement System (DPPS) at the Ministry of Economic Affairs has continued to steer enforcement of the PPA. The Department for the Public Procurement System (DPPS) at the Ministry of Economic Affairs together with the other key institutions in the sector continued the work to improve the transparency and accountability of the system. Sustained effort is needed to ensure coordination in the sector and efficient prevention of corruption, fraud and irregularities in public procurement. Following the adoption of the new PPA, intensive training activities were organised involving civil servants, economic operators and contracting authorities at central and local level. Their capacities still need to be enhanced further, especially with regard to avoiding conflicts of interest in public procurement procedures, corruption, fraud and irregularities.

In the area of concessions, the administrative capacity of the Ministry of Finance needs to be enhanced by further developing the professional skills not only of its staff but also of concession grantees. The Concessions and Public Private Partnerships (PPP) Service has been established following the adoption of the new Decree on the internal structure and functions of the Ministry of Finance. The Concessions and PPP Service comprises a department for registration of concessions and a department for PPPs. Seven of the 13 planned employees have been recruited. Sustained efforts are needed to maintain coordination between the Ministry of Finance and the Agency for Public Private Partnerships (APPP) to ensure efficient implementation of concessions and PPP projects in the country. Additional efforts are needed in order to stimulate private sector investments through PPPs.

The APPP continued to improve its capacity to evaluate and approve PPP project proposals, tender documents and final draft contracts pursuant to the provisions of the PPP Act. New methodological tools have to be devised and further efforts invested, especially in building up the capacities of economic operators to develop high-quality projects and effectively apply the PPP guides and manuals.

As regards the remedies system, the legislative alignment has advanced moderately. The functioning of the State Commission for supervision of public procurement procedures needs to be enhanced. The State Commision needs to improve its internal organisation and structure. Even if most of the registered cases were solved during the 12-month period, the growing numer of appeals, the increasing length of time required for issuing the Commission’s decisions (70 days instead of the mandatory 15 days), and the lack of a legally binding statute and rules on internal organisation cause some concern. Further efforts are needed in order to improve the quality of the decisions taken, especially with a view to the preparations for future Structural Funds management and given the key role of the State Commission as the main supervisory body in the area of remedies after accession.

The State Office for Central Public Procurement achieved good results in implementing the centralised public procurement procedures. Its current staffing is 16. Further efforts are needed to improve its efficiency.

Conclusion

Croatia is meeting the requirements and commitments arising from the accession negotiations in the field of public procurement and is expected to be in a position to implement the acquis as of accession. Further efforts are required, in particular for implementation of the new public procurement act, especially at local level, also with a view to the future management of the structural funds, in order to ensure that Croatia completes its preparations for membership by the date of accession. Improvements concerning the system of remedies are required. Administrative capacity of different bodies in the public procurement area should be strengthened.

4.6. Chapter 6: Company law

In the field of company law, Croatia’s legislation is largely in line with the acquis. Some inconsistencies still have to be addressed, in particular with regard to shareholders’ rights.

In the field of corporate accounting, legislation is largely in line with the acquis. The Croatian Financial Reporting Standards Board continues to publish translations of the International Accounting Standards, the International Financial Reporting Standards (IFRS) and interpretations of the International Financial Reporting Interpretations Committee (IFRIC).

In the field of auditing, legislation is largely in line with the acquis. The Audit Public Oversight Committee (APOC) and the Quality Assurance Team (QAT) performed satisfactorily over the period. The QAT within the Croatian Audit Chamber is fully functional with five full-time staff members.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of company law and is in a position to implement the acquis as of accession.

4.7. Chapter 7: Intellectual property law

Croatia has aligned its legislation in the field of copyright and neighbouring rights and industrial property rights.

With regard to enforcement, in September 2011, a Memorandum of Understanding on cooperation between the Office for Harmonisation in the Internal Market (OHIM) and the State Intellectual Property Office (SIPO) was signed, followed by the signature of two further cooperation agreements on specific activities relating to trademarks. New joint information website of the enforcement bodies was launched in April 2012.

As regards intellectual property, further emphasis needs to be placed on developing the capacity of the police and prosecutors to handle more complex cases and on raising public awareness of intellectual property rights. The State Intellectual Property Office (SIPO) has sufficient administrative capacity.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of intellectual property law and is in a position to implement the acquis as of accession.

4.8. Chapter 8: Competition policy

Croatia has largely aligned its legislation in the fields of anti-trust and mergers and of State aid. It has also kept up its efforts to build a positive enforcement record. Croatia’s Competition Agency (CCA) is fully operational and functionally independent; it carries out its duties in line with the legislation in force. A proper system of merger and State aid control is in place.

In the field of anti-trust and mergers, since 1 October 2011, the CCA issued 29 decisions and 25 opinions. The CCA continued to provide the government with assessments of draft laws and other expert opinions.

In the field of State aid, the CCA took 30 decisions, of which 13 involved aid schemes and 17 concerned individual aid measures.

With regard to Croatia’s reporting obligations in the steel sector, the first reports were submitted to the Commission on 15 December 2011 and 18 June 2012 in line with the requirements agreed during the negotiations.

Sisak has yet to reimburse the aid received. In October 2011, the owners decided to close and sell the steel mill, resulting in production being completely halted. The owners of CMC Sisak sold the steel mill to a new investor, the Italian group Danieli.

The reports also provide updated information on the bankruptcy proceedings concerning the other steel mill, Željezara Split.

With regard to Croatia’s obligations to report on the shipbuilding industry, on 16 January 2012 it submitted the first six-monthly report on the restructuring of the Croatian shipyards in difficulty as required by Annex VIII of the Act of Accession. The report contains data on the measures taken to return to viability, aid used, own contribution and production capacity, following the methodology for monitoring implementation by Croatia agreed with the Commission. The report also provides details on the agreements regulating property law in the context of expropriation in the maritime domain. On 16 July 2012 Croatia submitted its second six monthly report on the restructuring of the Croatian shipbuilding industry. In addition, Croatia submitted the first Report on the Annual Output of the Shipyards under Restructuring.

In March 2012, the bid for the shipyard Brodosplit was accepted. Its restructuring plan had to be revised in light of the changes that occurred after the original acceptance of the plan in February 2011, namely the substantial increase of the aid received by the yard. According to the Act of Accession, the Commission must accept any amendments to the restructuring plans. The Commission accepted the revised plan on 16 August 2012. Croatia has indicated that the privatisation contract will be signed without delay. The bids for the shipyards Kraljevica and Brodotrogir were rejected by the government and the bid for the shipyard 3.Maj was withdrawn by the potential investor. The government has decided to initiate bankruptcy proceedings for Kraljevica and to sell Brodotrogir to a new investor. As regards 3. MAJ, Croatia has decided to seek a new privatisation and restructuring arrangement.

As regards existing aid, Croatia has provided the Commission with a list of 11 aid measures that it wishes to be considered as existing aid at the date of accession. Seven of these measures have been included in the Act of Accession. Croatia needs to provide further information on the remaining ones for the Commission to complete its assessment.

Conclusion

Croatia is generally meeting the commitments and requirements arising from the accession negotiations in the field of competition policy and should be in a position to implement the acquis as of accession. Increased efforts must be paid to the signature of the contracts for privatising the shipyards in difficulty.

4.9. Chapter 9: Financial services

In the field of banks and financial conglomerates Croatia has largely aligned its legislation. Further alignment is required to fully implement the latest the Capital Requirements Directive (CRD III). Preparations are pending for the implementation of CRD IV. Croatian National bank experts started to participate in the working bodies of the European Systemic Risk Board and European Banking Authority as observers. In general terms Croatia is well advanced on banking legislation and supervision.

Croatia has largely aligned its legislation in the area of insurances and occupational pensions. Croatia now fully complies with Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision. Preparations for the implementation of the Solvency II Directive are on-going. The Croatian Financial Services Supervisory Agency (HANFA) has been cooperating with the European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority (EIOPA) on technical details regarding the participation of HANFA representatives in the work of both European regulators.

In the area of financial market infrastructure legislative alignment with the acquis is almost completed with the adoption of the legislation aimed at the full implementation of Directive 2009/44/EC on settlement finality. Further efforts are needed to implement Directive 2010/78/EU (Omnibus I).

As regards securities markets and investment services legislative alignment is almost completed. Further efforts are needed to implement the Prospectus Directive 2010/79/EU and the UCITS IV Directive 2009/65/EC.

As regards administrative capacity, both regulators, the Croatian National Bank and HANFA, continued with the educational programmes for their staff and the staff of supervised entities. They also kept up their cooperation with domestic and foreign regulators, in particular from the EU Member States. HANFA increased the number of its employees from 134 to 138. Its internal organisation has been changed through the creation of the new position of Secretary General, to whom executive powers were transferred. Also, the president and members of HANFA’s Management Council were appointed. It remains to be seen how this will affect HANFA’s supervisory function and its independence. Strong administrative capacity of both supervisory institutions needs to be maintained.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of financial services and is in a position to implement the acquis as of accession.

4.10. Chapter 10: Information society and media

Legislative alignment in the field of electronic communications and information and communications technologies (ICT) to allow competition and to achieve a higher level of consumer protection has further advanced and is almost complete. The Act on the fee for the provision of services in mobile communications, re-introduced in January 2012 as a temporary measure, was abolished again in July. At the same time, however, a new Ordinance that entered into force in August 2012 has increased the one-off spectrum licence fee on mobile operators. Implementation of competitive safeguards and market analysis procedures is well advanced. Activities have continued related to the project to develop a cost accounting model. The broadband penetration rate has increased slightly, reaching 26% at the end of 2011. While mobile broadband is well developed by EU standards, the overall broadband take-up by households needs to be improved. A project on broadband services in non-profit areas (islands and mountains) has been launched in order to bring broadband internet access e.g. to schools and hospitals. Measures have also been taken to improve access to electronic communications services for people with disabilities. Croatia needs to focus now to ensure sustainable competition, including improved access to rights-of-way, and to make finalising the cost accounting model one of its priorities. The incumbent continues to retain a strong position in fixed broadband access and in fixed voice markets.

Administrative capacity of the Croatian Post and Electronic Communications Agency (HAKOM) is considered sufficient, with a staff of more than 170. Continuous efforts are needed to further develop the Agency’s strategic and operational capacities.

In the area of information society services, Croatia has completed alignment with the acquis. Amendments to the Electronic Commerce Act were adopted in November 2011 to align with the acquis. A new Strategy for the development of broadband access 2012–2015, along with an implementation plan, was adopted in October 2011 based on the Digital Agenda for Europe (DAE). Establishment of a coordination body involving all stakeholders is ongoing, while the Ministry of Administration has taken over responsibility for information society policy. A Decision establishing eGovernment development goals in the state administration for 2011–2015 was adopted in October 2011. Croatia is advanced in the area of e-health. Croatia plays an active role in many of the related EU initiatives. However, no overall national strategy for developing the information society is in place.

In the field of audiovisual policy, Croatia has completed alignment with the acquis. The Electronic Media Act and the implementing legislation governing the electronic media continue to be applied. A new Croatian Radio and Television Act was adopted in July 2012. Amendments to the Criminal Code adopted in October 2011 confirmed the decriminalisation of defamation. The administrative capacity of the Electronic Media Agency has been strengthened. Continued efforts are needed to ensure the independence of the public service broadcaster and to increase its transparency, in particular through proper implementation of the legislative framework.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of the information society and media and is in a position to implement the acquis as of accession.

4.11. Chapter 11: Agriculture and rural development

In the field of horizontal issues, Croatia has reached a good level of alignment with the acquis and preparations are on track. In accordance with the transitional arrangements agreed, Croatia is committed to prepare for the phasing in of direct payments as of 2013, including direct payments for demined land put into agricultural use. Croatia amended the Act on State Aid to Agriculture and Rural Development, and published the Ordinance on Direct Payments and Rural Development for 2012, although it is only partially aligned with the acquis. Consequently, the 2012 national campaign based on an acquis-compatible direct payments system was launched. Croatia still needs to fully align its legislation on direct payments with the acquis and to implement it to prepare for the 2013 applications for direct payments. Croatia needs to ensure that accreditation of the paying agency is completed by the end of 2012 and that the paying agency is fully functioning in line with the acquis as of January 2013 in order to benefit from reimbursement of direct payments in 2013 from EU budget. The capacity of the Competent Authority needs to be further strengthened. In accordance with transitional arrangements granted, Croatia is committed to use only up to 20% of the annual rural development funds in 2014, 2015 and 2016 to finance complementary national direct payments.

Implementation of the plan for establishing an integrated administration and control system and setting up a paying agency is on track. The capacity of the Paying Agency has been further strengthened by completing the software for the management of EU direct payments and training of staff. The land parcel identification system has been continuously updated. Software for the implementation of rural development measures was developed and will later have to be adapted to the future Croatian Rural Development Programme for 2014-2020. Croatia will need to avoid any delay in restructuring of the regional offices and the recruitment of additional staff.

Croatia continued the farm accountancy data network (FADN) pilot surveys. Under the new act on agricultural advisory services, the implementation of FADN will be ensured by the Croatian Agricultural Extension Institute. Human and financial resources in that sector need further strengthening. Croatia needs to prepare for due reporting of 2013 accounting year data in FADN.

Alignment of legislation in the area of the common market organisation is ongoing. Implementation of the plan to prepare for the application of the Single Common Market Organisation by the time of accession is on track. Croatia adopted several implementing regulations related to the fruit and vegetables, sugar, milk and milk products sectors. Marketing standards for fruit and vegetables are being implemented. Croatia will need to further strengthen human resources in order to meet the EU reporting requirements.

In the area of rural development, preparations are moderately advanced. Croatia continued implementing the Instrument for Pre-Accession Assistance for Rural Development (IPARD). Despite improvements, the absorption capacity needs to be stepped up. In accordance with the transitional arrangement granted, Croatia is committed to continue IPARD during 2013 and to implement a post-accession rural development programme as of 2014. Croatia will need to speed up the preparation of the future rural development programme and partnership contract for the funds covered by the Common Strategic Framework. The development of measures on agri-environment and organic farming as well as the payment scheme for areas facing natural constraints will need special attention. Croatia will need to ensure the continuity of the staff as well as their training.

Alignment in the fields of quality policy and organic farming is advanced. Croatia adopted implementing regulations on aquaculture, the labelling of designations of origin, geographical indications and traditional specialities and published guidelines for their registration. In accordance with the transitional arrangement granted, Croatia is committed to submit applications for the registration at EU level of agricultural products as designations of origin, geographical indications or traditional specialities guaranteed not later than 1 July 2014. In the area of organic farming, Croatia will need to ensure that an efficient control system including supervision by a competent authority is in place as of accession.

Conclusion

Croatia is generally meeting the commitments and requirements arising from the accession negotiations in the field of agriculture and rural development and should be in a position to implement the acquis as of accession. Increased efforts are needed in the area of direct payments and rural development, in order to ensure that Croatia completes its preparations for membership by the date of accession.

4.12. Chapter 12: Food safety, veterinary and phytosanitary policy

Croatia has completed aligning its legislation in the field of general food safety. It moved closer towards full implementation and enforcement of the aligned legislation. Continued efforts will be needed to ensure even implementation over the entire Croatian territory.

Legislative alignment in the field of veterinary policy has further advanced and is almost completed. Croatia has continued with the adoption of implementing legislation. Control capacity has improved as, in addition to official veterinarians, some control bodies employing authorised veterinarians were accredited. The accreditation process is still ongoing. In accordance with the transitional arrangement granted, Croatia can exceptionally maintain and not more than 12 months after accession non-EU compliant cages for laying hens already in lay at the date of accession. Croatia will need to ensure that eggs from such cages are identified with a special mark and are only placed on the Croatian market. Croatia needs to speed up work on building and fitting out the agreed border inspection posts. In accordance with the arrangement agreed, Croatia is committed to operate as of accession a regime for the transiting of products of animal origin through the territory of Bosnia and Herzegovina at Neum (‘Neum corridor’) allowing such consignments to be exempted from required veterinary checks before they re-enter EU territory. Croatia will need to have fully equipped and staffed points of entry to the north and south of the corridor in place as well as effective technical surveillance systems to ensure efficient controls.

Alignment with the acquis in the field of placing on the market of food, feed and animal by-products has further advanced. Croatia continued to implement its plan for upgrading establishments for food and feed of animal origin. Close monitoring of the national upgrading plan remains necessary. In accordance with the transitional arrangement agreed, establishments for milk, meat, fish and animal-by products must comply with the acquis on food safety by the end of 2015. Croatia will need to step up its efforts with a view to setting up intermediate plants for the handling of high-risk animal by-products.

Legislative alignment in the fields of the food safety rules and the specific rules for feed has further advanced and is almost completed. Croatia needs to ensure that sufficient administrative and control capacity is in place.

Legislative alignment in the field of phytosanitary policy has further advanced and is almost completed. Additional implementing legislation has been adopted in the areas of plant health and plant protection products. Croatia needs to keep up its efforts, in particular with regard to setting up border inspection posts and further strengthening administrative capacities. In accordance with the transitional arrangement granted, Croatia is committed to cease by the end of 2014 the marketing of seeds of certain varieties of beet, cereals, oil and fibre plants, fodder plants, vegetables and seed potatoes which have not yet passed the Distinctness, Uniformity and Stability (DUS) examinations. Croatia will need to ensure that such plants and seeds may not be marketed in EU territory during the transitional period.

Croatia will need to ensure alignment of its bilateral veterinary and phytosanitary agreements with the acquis by accession.

Croatia has progressed in alignment with the acquis on genetically modified organisms (GMOs). It has developed new procedures and carried out reporting and monitoring activities. Continuous efforts are still required in this field.

Conclusion

Croatia is generally meeting the commitments and requirements arising from the accession negotiations in the field of food safety, veterinary and phytosanitary policy and should be in a position to implement the acquis as of accession. Increased efforts are needed in the area of the animal by-products sector, the upgrading and the monitoring of establishments, and in particular with regard to border inspection posts. Continued attention needs to be paid to the further strengthening of administrative capacity in this area.

4.13. Chapter 13: Fisheries

In the areas of resource and fleet management, Croatia has generally aligned its legislation with the acquis. Croatia continued adopting implementing legislation in the fields of commercial fishing, fishing licences and data collection. The fisheries monitoring centre is continuing operation. Croatia started preparing the management plans required under the Mediterranean Regulation and in accordance with the transitional arrangement agreed, allowing it to continue certain fishing methods until 30 June 2014. Croatia is progressing in the finalisation of the fleet register and to fully establish the entry-exit scheme. It will need to ensure that commitments are met according to plan in order to enable the necessary fleet data to be transmitted by accession. Croatia will need to speed up the process of phasing out the category of subsistence fisheries in order to complete it by the end of 2014 as agreed under the transitional arrangement.

Legislation is generally aligned in the fields of inspection and control and preparations are progressing. Improvement of the administrative and control capacity continued, but further strengthening is needed, in particular concerning the recruitment of fisheries inspectors at sea and on land. Croatia will need to complete the satellite-based vessel monitoring system.

In the field of structural actions, alignment is moderately advanced. The administrative bodies to implement the European Fisheries Fund are in place. Croatia will need to agree the national strategic plan and prepare the operational programmes without delay. A reliable management and control system ensuring sound and efficient implementation of the operational programmes needs to be set up. Croatia will need to accelerate the preparation for the partnership contract for the funds covered by the Common Strategic Framework and for the implementation of the future European Maritime and Fisheries Fund.

Croatia has generally aligned its legislation with the acquis in the fields of market policy and State aid. Collection of information on species, quantities and prices has been further improved. Croatia will need to step up efforts to establish producers’ organisations and to align marketing standards.

In the area of international agreements, alignment is moderately advanced. Croatia continued to implement all the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) regulating catches, farming and trading. Concerning the General Fisheries Commission for the Mediterranean (GFCM), Croatia continues aligning its national legal framework with GFCM recommendations. It will need to ensure timely alignment with the acquis in this area by the date of accession.

Conclusion

Croatia is generally meeting the commitments and requirements arising from the accession negotiations in the field of fisheries and should be in a position to implement the acquis as of accession. Increased efforts are needed in the area of fleet and resource management, inspection and control and structural policy, in particular as regards the preparation of the management plans, the phasing out of the category of subsistence fisheries and the completion of the satellite based vessel monitoring system.

4.14. Chapter 14: Transport policy

Alignment in the area of road transport is almost completed. Croatia amended its legislationt to ensure compliance with the acquis on driving licences, qualification and training of drivers and road infrastructure safety management. Implementing legislation still needs to be adopted, and the on-going efforts to ensure effective enforcement the road safety acquis need to be further sustained.

Legislative alignment in the field of rail transport is at an advanced level, but efforts will need to be increased in certain areas to fully align with the acquis. The Rail Market Regulatory Agency took steps against the lack of the independence of the infrastructure manager. Furthermore, the financial viability of the infrastructure manager and the passanger operator without support from public funds remains problematic. With respect to the Croatian Railway Safety Agency, an action plan was adopted for strengthening its administrative capacity. However, current staffing level and the available facilities remain inadequate. Necessary ordinances for the functioning of the Agency are still to be adopted, and vehicle authorisation has not yet been transferred from the ministry to the agency. The agency has stepped up its cooperation at EU level, notably with the European Railway Agency. The agency awarded the authorisations for HZ Infrastruktura recently and work on the vehicle register has started. As regards the established of a multi-modal accident investigation body, the law has yet to be adopted and implemented.

As regards inland waterways transport preparations are advanced. Implementation of the River Information System (RIS) in Croatia is ongoing, with construction and installation of equipment to be completed by the date of accession. The RIS is planned to be fully implemented on the Danube River by the date of accession; implementation of the RIS on the entire length of the Sava River has been postponed to 2015 to achieve coordinated RIS implementation with the other countries crossed by this waterway.

Concerning combined transport preparations are advanced, but the relevant law still needs to be revised in order to comply fully with the acquis.

In the area of air transport, alignment with the acquis is well advanced, in particular with regard to implementation of the European Common Aviation Area Agreement and the Single European Sky initiative. Croatia needs to keep up efforts to ensure full alignment of the Civil Action Act and related bylaws with the acquis, as well as make the necessary updates following the establishment of the multi-modal accident investigation body.

With regard to maritime transport preparations are almost complete, as Croatia has established a Vessel Traffic Monitoring and Information System (VTMIS), and the system is planned to be fully operational at the beginning of 2013. The Croatian flag continued to remain in 2011 on the White List of the Paris MoU. Particular attention needs to be paid to ensuring non-discriminatory market access in maritime agreements and establishment of an independent accident investigation body.

With respect to satellite navigation preparations are complete. Following accession Croatia will participate in the Galileo programme as an EU Member State.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of transport policy and is expected to be in a position to implement the acquis by the date of accession. Further efforts are required, in particular to strengthen the administrative capacity and to ensure the independence of the yet to be established joint accident investigation body, in order to ensure Croatia completes its preparations for membership by the date of accession.

4.15. Chapter 15: Energy

In the field of security of supply preparations are advanced. As regards the mandatory 90 days of emergency oil stocks, Croatia has established the reserve targets in line with the acquis. It needs to continue efforts to establish its own storage.

In the field of the internal energy market alignment is moderately advanced. Croatia has adapted implementing legislation to bring it further into line with the acquis. The alignment with the third energy package is significantly delayed compared to Croatia’s original timetable and remains to be achieved. Further efforts are needed to improve competition in the electricity and gas markets, in particular by ensuring the cost-reflectivity of regulated energy tariffs and the predictability and transparency of tariff setting measures. Temporary price caps for eligible customers, which have become a regular practice, remain to be removed. In addition, the energy regulatory authority needs to play a more assertive and independent role, which will require it to be de-politicised. The tariff for the procurement of gas by suppliers to tariff customers needs to be removed.

In the areas of renewable energy sources and energy efficiency, preparations are moderately advanced. Investments have been increasing, but are still below the targets set by the acquis. Although the issue of complicated and lengthy administrative procedures for RES projects has been addressed in 2012 further efforts are needed in this regard. Investments in the transmission and distribution network will also be necessary to accommodate an increasing uptake of intermittent electricity in the system. The Act on Energy End-Use Efficiency and the Act on Physical Planning and Adoption have been amended. Full alignment will require the adoption of implementing legislation, in particular regarding energy performance of building.

In the area of nuclear energy, nuclear safety and radiation protection, Croatia has largely aligned its legislation with the acquis. Implementing legislation relating to the physical security of radioactive sources, nuclear material and nuclear facilities has been enacted. The previous different regulatory authorities, now merged under the State Office for Radiological and Nuclear Safety (SORNS), function as a single entity, but further attention is needed to ensure its independence and to continue improving its administrative capacity. The Euratom Directives on public information and on shipment of radioactive waste and substances have not yet been transposed. A draft national emergency plan for nuclear accidents has been developed and an Emergency Preparedness and Review (EPREV) mission has been carried out by the IAEA. Implementing legislation on certain aspects, such as control of high-activity sealed radioactive sources and orphan sources, has not yet been enacted. Furthermore, Croatia needs to establish a national programme for the management of spent fuel and radioactive waste from generation to disposal, including radioactive waste and spent fuel from the Krško Nuclear Power Plant, which is in compliance with the recently adopted Directive 2011/70/EURATOM.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of energy and is expected to be in a position to implement the acquis as of accession. However, further efforts are required, in particular to align to the third internal energy market package and ensure the development of a competitive market for electricity and gas. Croatia also needs to continue efforts to meet the 2020 requirements regarding the promotion of energy efficiency and renewable energy, as well enhance administrative capacity, especially in the Sector for Energy of the Ministry of Economy, in order to ensure that Croatia completes its preparations for membership by the date of accession.

4.16. Chapter 16: Taxation

Legislative alignment in the field of indirect taxation has further advanced and is almost completed. New legal provisions were adopted on the introduction of an electronic system for supervising movements of excise goods. Legal alignment in the area of excise duties and VAT needs to be completed, with special reference to the scope of the reduced rates, tobacco products, exemptions and special schemes.

In accordance with the transitional arrangement granted, Croatia is committed to remove the exemption from VAT regarding the supply of building land, whether or not built on, by the end of 2014. Similarly, in accordance with the transitional arrangement, Croatia is committed to remove by the end of 2017 the excise duties on cigarettes that are lower than the minimum level set in the acquis.

Legislative alignment in the field of direct taxation has further advanced and is almost completed. In November 2011 and February 2012 legislation implementing the Profit Tax Act was adopted which is in line with the acquis on direct taxation.

Alignment in the field of administrative cooperation and mutual assistance has further advanced and is almost complete. Further efforts to prepare staff of the Central Liaison Office and the Excise Liaison Office for administrative cooperation and mutual assistance tasks are required. An IT application for the exchange of information as regards the acquis on taxation of savings needs to be developed. Further efforts are needed to reduce the backlog of appeals suspending the payment of taxes, as this has a significant impact on the collection of national revenues (and likewise of EU own resources after accession). (See also Chapter 33 — Financial and budgetary provisions)

Alignment in the field of operational capacity and computerisation has further advanced and is almost complete. Both the Tax Administration and the Customs Directorate (in charge of collection of excise duties) updated their business strategies for the period up to and after accession, together with some of the associated sector strategies, e.g. for human resources and IT. Further efforts are required to implement these strategies in practice, especially through developing concrete action plans and further sector strategies for particular core areas (including controls and risk management). The personal identification number (PIN) has been made fully operational and access to the electronic system for declaring taxes has been broadened. Further attention must be given to the need for Croatia to ensure that all relevant IT systems are in place and to be able to exchange information with the EU institutions and other Member States from the day of accession. Efforts need to continue to launch the Excise Movement and Control System (EMCS) at national level in March 2013.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of taxation and is expected to be in a position to implement the acquis as of accession. Alignment with the acquis is almost complete with the exception of some areas of excise duties and VAT. Further efforts are required to ensure that all relevant IT systems are in place and to be able to exchange information with EU institutions and other Member States as from the day of accession, in order to ensure Croatia completes its preparations for membership by the date of accession.

4.17. Chapter 17: Economic and monetary policy

Legislative alignment has been completed in the field of monetary policy.

In the area of economic policy Croatia has further advanced and has almost completed fulfilling the commitments and requirements arising from the accession negotiations. Improvement of the institutional and technical capacity for developing medium-term macroeconomic and fiscal frameworks continued. The Fiscal notification and the Pre-accession Economic Programme (PEP) 2012-2014 was submitted in March 2012 and presented a comprehensive, though optimistic, and consistent macroeconomic and fiscal framework for economic policies. Overall, broad political consensus on the fundamentals of a market economy was maintained.

Implementation of the necessary structural reforms needs to be stepped up. Alignment of fiscal reporting with ESA95 standards needs to be further enhanced.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of economic and monetary policy and is in a position to implement the acquis as of accession.

4.18. Chapter 18: Statistics

Legislative alignment in the field of statistics has further advanced and is almost complete.

The responsibilities of the Croatian Bureau of Statistics (CBS) have increased and it is gradually taking the leading methodological role in the compilation of Excessive Deficit notifications.

Croatia has further advanced in the field of classifications and registers, where the Croatian Bureau of Statistics (CBS) is steadily working on improving the coverage the Statistical register of business entities and the statistical farm register.

Croatia has advanced in the area of sectoral statistics. Publication of the annual GDP data according to the EU requirements has been completed. Increased efforts are needed to provide all data in accordance with the ESA95 transmission programme, a complete GNI Inventory and a complete set of government deficit and debt statistics (EDP).

Concerning agriculture statistics, the 2010 Farm structure survey (FSS) data and Survey on Agricultural Production Methods (SAPM) data were transmitted to Eurostat in April 2012. The use of administrative data in producing agricultural statistics is constantly increasing.

A pilot survey for Intrastat was carried out. Testing the Intrastat methodology and related applications in CBS and in the Customs Administration (CA) is on-going.

Conclusion

Croatia is meeting the commitments and requirements arising from the accession negotiations in the field of statistics and is in a position to implement the acquis as of accession.

4.19. Chapter 19: Social policy and employment

Croatia has largely aligned its legislation in the field of labour law. A new Aliens Act transposing the acquis on posting of workers was adopted in October 2011. Legal alignment still needs to be completed, notably as regards working conditions of mobile workers engaged in interoperable cross-border services in the railway sector and on the European Works Council Directive. Strengthening the administrative capacity of the Wage Guarantee Agency needs to continue. A municipal court for work-related disputes in Zagreb has been operational since January 2012. Training of judges in the area of labour law needs to continue.

Croatia has largely aligned its legislation in the field of health and safety at work. Legal alignment still remains to be completed as regards the Occupational Safety and Health Act. As regards administrative capacity, training of labour inspectors has continued. The number of labour inspectors (111) still falls short of the requirements of the State Inspectorate Act (139).

In the area of social dialogue, Croatia is well prepared. Regular meetings of the Economic and Social Council have continued following the constitution of the new government, with strategic reform issues being debated in plenary. Representativeness criteria for the participation of trade unions in collective bargaining were adopted in July 2012. Two bipartite sectoral councils (social councils for road and railway transport) have been established in addition to the two already established tripartite sectoral councils. Training has been provided for mediators in collective labour disputes. Capacity building of social partners to assume their responsibilities for social dialogue at EU level needs to continue.

As regards employment policy, Croatia is sufficiently prepared. Amendments to the Law on Contributions were adopted in February 2012 with the aim of making the labour market more competitive. An employment incentive package focusing on providing long-term traineeships for young people has been adopted; providing a quality framework in implementation will be essential. Funds for active labour market policies have been increased. The situation on the labour market has further deteriorated, with the young and the long-term unemployed particularly hard hit. So far, effects to make the labour market more dynamic and overcome its structural weaknesses have been limited. Low participation and employment rates still need to be addressed (See Economic criteria). Employment policy also needs to be subject to regular monitoring and evaluation. The mismatch between demand and supply and skills forecasting still needs to be addressed. A full-fledged strategy for lifelong learning still needs to be adopted. As regards undeclared work, more efforts are needed to address the issue, in terms of both policy targets and implementation.

As regards preparations for the European Social Fund, Croatia is well prepared. Recruitment and training of staff are ongoing. Further capacity building of relevant structures needs to continue to allow sufficient absorption of the future funds under the ESF.

In the area of social inclusion, Croatia is sufficiently prepared. A new Social Welfare Act was adopted by the parliament in March 2012, aimed at rationalising social benefits and advancing the fiscal and administrative decentralisation of social services. Decentralisation of social services is still at an early stage. Further efforts are needed to make the labour market more inclusive and to provide adequate pensions or income support for the elderly. Particular attention needs to be paid to the employment of minorities in the state administration. Challenges remain in terms of reducing health and regional inequalities and in terms of inclusive rural development. Implementation of measures envisaged under the Master Plan on De-institutionalisation 2011–2016 needs to be speeded up.

People with disabilities continue facing discrimination on the labour market, and children with disabilities still face problems in access to education. In the public sector, employment quotas are not being met. Public awareness of the rights of people with disabilities remains low, especially in rural areas. Attention needs to be paid also to the implementation of regulations ensuring physical accessibility.

In the area of social protection, Croatia is sufficiently prepared. New legislation regulating the second and third pension system pillars entered into force in October 2011. Efforts need to continue to ensure the adequacy and sustainability of pensions, and to reduce further the system of privileged pensions. More efforts to improve employment of older workers and to protect elderly people without income are needed. Efforts need to continue to implement a comprehensive reform of health care to ensure that it is efficient and sustainable.

Croatia has aligned its legislation in the area of anti-discrimination through adoption of amendments to the Anti-discrimination Act in September 2012. Measures aimed at developing a comprehensive system of monitoring of cases of discrimination are ongoing. A number of measures have been taken to raise the awareness of anti-discrimination efforts and to train relevant stakeholders. These efforts need to continue, in particular at local and regional levels, with a particular focus on remote and rural areas. Implementation of the Plan for Employment of National Minorities in State Administration Bodies for the period 2011–2014 needs to continue. As regards administrative capacity, a new Law on Ombudsman was adopted in June 2012 providing for the existence of a general Ombudsman Office and other specialised Ombudsmen’s offices.

Croatia has largely aligned its legislation in the field of equal opportunities. Legal alignment of the Occupational Safety and Health Act with Directive 92/85/EEC, on the introduction of measures to improve safety and health of pregnant workers and workers who have recently given birth or are breastfeeding in the workplace, still needs to be completed. Follow