Stabilisation and Association Agreement between the EU and Croatia

Article 43
Both parties agree to co-operate to reduce the potential for fraud in the application of the trade
provisions of this Agreement.
Notwithstanding other provisions of this Agreement, and in particular Articles 31, 38 and 89
and Protocol 4, where one Party finds that there is sufficient evidence of fraud such as a
significant increase in trade of products by one party to the other party, beyond the level
reflecting economic conditions such as normal production and export capacities, or failure to
provide administrative co-operation as required for the verification of evidence of origin by
the other Party, both Parties shall enter into consultations immediately to find an appropriate
solution. Pending such solution, the Party concerned may take the appropriate measures it
deems necessary. In the selection of the measures priority must be given to those which least
disturb the functioning of the arrangements established in this Agreement.
Article 44
The application of this Agreement shall be without prejudice to the application of the
provisions of Community law to the Canary Islands.
TITLE V
MOVEMENT OF WORKERS, ESTABLISHMENT, SUPPLY
OF SERVICES, CAPITAL
CHAPTER I
MOVEMENT OF WORKERS
Article 45
1. Subject to the conditions and modalities applicable in each Member State:
– treatment accorded to workers who are Croatian nationals and who are legally
employed in the territory of a Member State shall be free of any discrimination
based on nationality, as regards working conditions, remuneration or dismissal,
compared to its own nationals;
– thelegallyresidentspouseandchildrenofaworkerlegallyemployedinthe
territory of a Member State, with the exception of seasonal workers and of
workers coming under bilateral agreements within the meaning of Article 46,
unless otherwise provided by such agreements, shall have access to the labour
market of that Member State, during the period of that worker’s authorised stay
of employment.
2. Croatia shall, subject to the conditions and modalities in that country, accord the
treatment referred to in paragraph 1 to workers who are nationals of a Member State
and are legally employed in its territory as well as to their spouse and children who
are legally resident in the said country.
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