COMMISSION OPINION on the application for accession to the European Union by the Republic of Croatia
Date: 2011-10-12
Institutions: European Commission
Subjects: Croatia, accession to the European Union

EUROPEAN COMMISSION 

Brussels, 12.10.2011 
COM(2011) 667 final 

COMMISSION OPINION 

on the application for accession to the European Union by the Republic of Croatia 

EN 

   EN 

 
 
 
 
  
 
COMMISSION OPINION 

on the application for accession to the European Union by the Republic of Croatia 

THE EUROPEAN COMMISSION, 

Having regard to the Treaty on European Union, and in particular Article 49 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Any  European  state  which  respects  the  values  of  the  European  Union  and  is 
committed  to  promoting  them  may  apply  to  become  a  member  of  the  Union.  The 
Union  is  founded  on  the  values  of  respect  for  human  dignity,  freedom,  democracy, 
equality, the rule of law and respect for human rights, including the rights of persons 
belonging to minorities. 

The Republic of Croatia has applied to become a member of the European Union. 

In its Opinion of 20 April 2004 on Croatia1, the Commission has already expressed its 
views  on  certain  essential  aspects  of  the  issues  arising  in  connection  with  this 
application. 

The European Council meeting in Copenhagen in June 1993 laid down the conditions 
for  eligibility  that  guide  the  accession  process  and  the  Commission's  regular 
assessments  of  Croatia's  readiness  for  membership.  The  political  criteria  require 
Croatia to ensure the stability of institutions guaranteeing democracy, the rule of law, 
human rights and respect for and protection of minorities; these requirements are now 
enshrined in the Treaty on European Union and the Charter of Fundamental Rights of 
the  European  Union.  The  economic  criteria  require  the  existence  of  a  functioning 
market economy as well as the capacity to cope with competitive pressure and market 
forces  within  the  Union.  The  acquis  criterion  refers  to  the  ability  to  take  on  the 
obligations  of  membership  arising  from  the  Treaties  and  the  Union's  legislation,  the 
acquis,  including  adherence  to  the  aims  of  political,  economic  and  monetary  union. 
The  Union's  capacity  to  absorb  new  members,  while  maintaining  the  momentum  of 
European integration, is also an important consideration in the general interest of both 
the Union and the candidate country. 

The  Stabilisation  and  Association  Process  conditionality  for  the  Western  Balkan 
countries was defined by the Council on 31 May 1999 and includes cooperation with 
the  International  Criminal  Tribunal  for  the  Former  Yugoslavia,  and  regional 
cooperation. 

In  December  2006,  the  European  Council  agreed  that  an  enlargement  strategy  based 
on  consolidation,  conditionality  and  communication,  combined  with  the  Union’s 
capacity  to  integrate  new  members,  forms  the  basis  for  a  renewed  consensus  on 
enlargement. 

1 

COM(2004) 257 final. 

EN 

2 

   EN 

 
                                                 
(7) 

(8) 

(9) 

The conditions of admission and the adjustments to the Treaties were negotiated in a 
Conference  between  the  Member  States  and  Croatia.  These  negotiations  were 
conducted  in  line  with  the  negotiating  framework,  which  provides  for  strict 
conditionality  at  the  stage  of  opening  and  closing  chapters.  The  negotiations  were 
completed on 30 June 2011, and the agreed provisions are fair and proper. 

In  joining  the  European  Union,  Croatia  accepts,  without  reserve,  the  Treaty  on 
European Union, the Treaty on the Functioning of the European Union and the Treaty 
establishing  the  European  Atomic  Energy  Community  including  all  their  objectives 
and  all  decisions  taken  since  their  entry  into  force,  as  well  as  the  options  taken  in 
respect  of  the  development  and  strengthening  of  the  European  Union  and  that 
Community. 

It is an essential feature of the legal order introduced by these treaties that certain of 
their provisions and certain acts adopted by the institutions are directly applicable, that 
the  law  of  the  Union  takes  precedence  over  any  national  provisions  which  might 
conflict with it, and that procedures exist for ensuring the uniform interpretation of the 
law of the Union. Accession to the European Union implies recognition of the binding 
nature  of  these  rules,  observance  of  which  is  indispensable  to  guarantee  the 
effectiveness and unity of the law of the Union. 

(10)  The Commission considers that Croatia meets the political criteria and expects Croatia 
to  meet  the  economic  and  acquis  criteria  and  to  be  ready  for  membership  by  1  July 
2013. Membership requires the continued respect of the values on which the Union is 
founded as well as the commitment to promoting them. 

(11)  Croatia  has  reached  a  high  level  of  preparedness  for  membership.  The  Commission 
calls on Croatia to maintain its efforts to align with the acquis and further strengthen 
its  administrative  capacity,  including  through  sustainable  progress  of  its  public 
administration  reform.  The  Commission  will  continue  to  monitor  closely  Croatia's 
fulfilment of all the commitments undertaken in the accession negotiations, including 
those  which  must  be  achieved  before  the  date  of  accession,  and  its  continued 
preparations to assume the responsibilities of membership upon accession. Monitoring 
will  focus  in  particular  on  commitments  undertaken  by  Croatia  in  the  area  of  the 
judiciary,  the  fight  against  corruption,  and  fundamental  rights,  in  the  area  of  justice, 
freedom,  and  security,  including  border  management,  as  well  as  in  the  area  of 
competition  policy.  If  issues  of  concern  are  identified  during  the  monitoring  process 
and are not remedied by Croatia, the Commission will, when necessary, address early 
warning letters to the Croatian authorities and may propose to the Council to take all 
appropriate  measures  already  prior  to  accession.  The  Commission  also  reserves  the 
right to invoke the various safeguard clauses set out in the Accession Treaty as well as 
the specific mechanism for State aid to the Croatian shipbuilding and steel industries. 

(12)  The  Commission  calls  on  the  Croatian  authorities  to  complete  the  translation  and 
revision of the acquis before the date of accession in order to ensure legal certainty in 
the implementation of EU legislation. 

(13)  One  of  the  objectives  of  the  European  Union  is  to  deepen  the  solidarity  between  its 

peoples while respecting their history, their culture and their traditions. 

EN 

3 

   EN 

 
(14)  The  enlargement  of  the  European  Union,  through  the  accession  of  Croatia,  will 
contribute  to  strengthening  stability,  freedom  and  prosperity  in  Europe.  Croatia  is 
expected  to  continue  to  play  an  active  role  in  regional  cooperation  in  the  Western 
Balkans.  The  Commission  welcomes  Croatia's  declaration  on  promoting  European 
values  in  South-East  Europe  and  in  particular  Croatia's  commitment  that  bilateral 
issues  should  not  obstruct  the  accession  process  of  candidate  countries.  Croatia's 
accession  confirms  the  EU's  commitment  to  the  European  perspective  of  all  the 
Western Balkan countries. 

HEREBY DELIVERS A FAVOURABLE OPINION: 

on the accession to the European Union of the Republic of Croatia. 

This Opinion is addressed to the Council. 

EN 

4 

   EN