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Stabilisation and Association Agreement between the EU and Croatia

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– having <strong>the</strong> authority personally to recruit <strong>and</strong> dismiss or recommend recruiting,<br />

dismissing or o<strong>the</strong>r personnel actions;<br />

(b)<br />

(c)<br />

Persons working within an organisation who possess uncommon knowledge<br />

essential to <strong>the</strong> establishment’s service, research equipment, techniques or<br />

management. The assessment of such knowledge may reflect, apart from<br />

knowledge specific to <strong>the</strong> establishment, a high level of qualification referring<br />

to a type of work or trade requiring specific technical knowledge, including<br />

membership of an accredited profession;<br />

An "intra-corporate transferee" is defined as a natural person working within<br />

an organisation in <strong>the</strong> territory of a Party, <strong>and</strong> being temporarily transferred in<br />

<strong>the</strong> context of pursuit of economic activities in <strong>the</strong> territory of <strong>the</strong> o<strong>the</strong>r Party;<br />

<strong>the</strong> organisation concerned must have its principal place of business in <strong>the</strong><br />

territory of a Party <strong>and</strong> <strong>the</strong> transfer be to an establishment (branch, subsidiary)<br />

of that organisation, effectively pursuing like economic activities in <strong>the</strong><br />

territory of <strong>the</strong> o<strong>the</strong>r Party.<br />

3. The entry into <strong>and</strong> <strong>the</strong> temporary presence within <strong>the</strong> territory of <strong>the</strong> Community or<br />

<strong>Croatia</strong> of <strong>Croatia</strong>n <strong>and</strong> Community nationals respectively shall be permitted, when<br />

<strong>the</strong>se representatives of companies are persons working in a senior position, as<br />

defined in paragraph 2(a) above, within a company, <strong>and</strong> are responsible for <strong>the</strong><br />

setting up of a Community subsidiary or branch of a <strong>Croatia</strong>n company or of a<br />

<strong>Croatia</strong>n subsidiary or branch of a Community company in a Member State or in<br />

<strong>Croatia</strong> respectively, when:<br />

– those representatives are not engaged in making direct sales or supplying<br />

services, <strong>and</strong><br />

– <strong>the</strong> company has its principal place of business outside <strong>the</strong> Community or<br />

<strong>Croatia</strong>, respectively, <strong>and</strong> has no o<strong>the</strong>r representative, office, branch or<br />

subsidiary in that Member State or in <strong>Croatia</strong> respectively.<br />

Article 55<br />

During <strong>the</strong> first three years following <strong>the</strong> date of entry into force of this <strong>Agreement</strong>, <strong>Croatia</strong><br />

may, on a transitional basis, introduce measures which derogate from <strong>the</strong> provisions of this<br />

Chapter as regards <strong>the</strong> establishment of Community companies <strong>and</strong> nationals of certain<br />

industries which:<br />

– are undergoing restructuring, or are facing serious difficulties, particularly<br />

where <strong>the</strong>se entail serious social problems in <strong>Croatia</strong>, or<br />

– face <strong>the</strong> elimination or a drastic reduction of <strong>the</strong> total market share held by<br />

<strong>Croatia</strong>n companies or nationals in a given sector or industry in <strong>Croatia</strong>, or<br />

– are newly emerging industries in <strong>Croatia</strong><br />

35

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