18 Croatia's application for EU membership
| (25567)
8661/04
COM(04) 257
| Commission Opinion on Croatia's application for membership of the European Union
|
| Legal base | — |
| Document originated | 20 April 2004
|
| Deposited in Parliament | 27 April 2004
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration | EM of 17 May 2004
|
| Previous Committee Report | None
|
| To be discussed in Council | June or December European Council
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
The document
18.1 This Communication from the Commission sets out its Opinion
on Croatia's application for membership of the European Union
and recommends that negotiations for accession should be opened.
18.2 The Commission confirms that Croatia meets the
political criteria set by the Copenhagen European Council in 1993
(democracy, rule of law, human rights, protection of minorities)
and the Stabilisation and Association Process criteria established
by the Council in 1997, including co-operation with the International
Criminal Tribunal for the former Yugoslavia (ICTY) and regional
co-operation (e.g. positive dialogue with neighbours and enhanced
border and customs co-operation). It concludes that Croatia is
a functioning democracy, with stable institutions guaranteeing
the rule of law. It judges that there are no major problems regarding
respect for fundamental rights. While noting the ICTY Chief Prosecutor's
recent statement that Croatia is now co-operating fully with the
ICTY, the Commission warns that Croatia needs to maintain full
co-operation and take all necessary steps to ensure that the remaining
indictee, former general Ante Gotovina, is located and transferred
to the ICTY. The Opinion also calls for additional efforts on
minority rights, the return of refugees, judicial reform, regional
co-operation and the fight against corruption.
18.3 The Commission also judges that Croatia can
be regarded as a functioning market economy, and that it should
be able to cope with competitive pressure and market forces within
the Union in the medium term, provided that it continues implementing
its economic reform programme.
18.4 A medium-term perspective is envisaged for most
of the other obligations of membership, although considerable
efforts will be necessary to align legislation with the acquis
and ensure implementation and enforcement. However, full environmental
compliance is a long-term challenge necessitating increased levels
of investment.
18.5 The Commission reported on the progress of other
Western Balkans countries in the Stabilisation and Association
process and launched the new European Partnerships with these
countries on 30 March. But it delayed reporting on Croatia's
progress and publishing a draft European Partnership until the
publication of its Opinion on the membership application. The
draft European Partnership now published (which we deal with elsewhere
in this Report)[37] identifies
the priorities Croatia needs to address in preparing for accession.
The Government's view
18.6 In his Explanatory Memorandum of 17 May 2004,
the Minister for Europe (Mr Denis MacShane) describes the Commission's
Opinion as "a significant step forward for Croatia on the
road to EU membership". The UK, he says, "is a champion
of enlargement and we have always supported Croatia's EU aspirations
— our substantial bilateral assistance programme is testament
to this. However, we have always been clear that the relevant
political conditions have to be met — including full co-operation
with ICTY. The UK and other EU partners have been frank about
our concerns over Croatia's co-operation with ICTY in the past
and we are pleased that the Chief Prosecutor is now satisfied
with the level of co-operation with the Tribunal. However, as
the Opinion makes clear, it is now important that the Croatian
Government maintains and builds on this level of co-operation,
including taking all steps to deliver Gotovina to The Hague".
18.7 The Minister adds that "the Croatian Government
recognises that it is essential that the Gotovina issue is resolved,
irrespective of the requirements of the EU accession process.
We have advised them that it would send a strong positive message
to the European Council if he were brought to justice before the
June Council".
18.8 Finally, the Minister notes that "in light
of the Chief Prosecutor's positive assessment to the European
Commission, we are resuming UK parliamentary procedures necessary
in order to ratify the EU's Stabilisation and Association Agreement
(SAA) with Croatia", suspended in Autumn 2002 because of
Croatia's non-co-operation with the ICTY . He points out that
this was essentially a political gesture, there being no technical
link between ratification and the EU application process.
18.9 It is now for EU Heads of State and Governments
to decide whether to make Croatia a formal candidate for EU membership
and whether to set a date for the opening of accession negotiations.
The decision is expected to be made at the June or possibly the
December European Council.
Conclusion
18.10 The way to Croatia's membership of the EU
is now open, provided the right further steps are taken. We now
clear the document.
37 See para 19 below. Back
| 
