Select Committee on European Scrutiny Twentieth Report


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 originated20 April 2004
Deposited in Parliament27 April 2004
DepartmentForeign and Commonwealth Office
Basis of considerationEM of 17 May 2004
Previous Committee ReportNone
To be discussed in CouncilJune or December European Council
Committee's assessmentPolitically important
Committee's decisionCleared

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


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2004
Prepared 3 June 2004