Stabilisation and Association Agreement between the EU and Croatia
Stabilisation and Association Agreement between the EU and Croatia Stabilisation and Association Agreement between the EU and Croatia
Such measures: (i) (ii) (iii) shall cease to apply at the latest five years after the entry into force of this Agreement. shall be reasonable and necessary in order to remedy the situation, and shall not introduce discrimination concerning the activities of Community companies or nationals already established in Croatia at the time of introduction of a given measure, by comparison with Croatian companies or nationals. While devising and applying such measures, Croatia shall grant preferential treatment wherever possible to Community companies and nationals, and in no case treatment less favourable than that accorded to companies or nationals from any third country. Prior to the adoption of these measures, Croatia shall consult the Stabilisation and Association Council and shall not put them into effect before a one month period has elapsed following the notification to the Stabilisation and Association Council of the concrete measures to be introduced by Croatia, except where the threat of irreparable damage requires the taking of urgent measures, in which case Croatia shall consult the Stabilisation and Association Council immediately after their adoption. Upon the expiry of the third year following the entry into force of this Agreement Croatia may introduce or maintain such measures only with the authorisation of the Stabilisation and Association Council and under conditions determined by the latter. CHAPTER III SUPPLY OF SERVICES Article 56 1. The Parties undertake in accordance with the following provisions to take the necessary steps to allow progressively the supply of services by Community or Croatian companies or nationals which are established in a Party other than that of the person for whom the services are intended. 2. In step with the liberalisation process mentioned in paragraph 1, the Parties shall permit the temporary movement of natural persons providing the service or who are employed by the service provider as key personnel as defined in Article 54, including natural persons who are representatives of a Community or Croatian company or national and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves. 3. As from four years after the entry into force of this Agreement, the Stabilisation and Association Council shall take the measures necessary to implement progressively the provisions of paragraph 1. Account shall be taken of the progress achieved by the Parties in the approximation of their laws. 36
Article 57 1. The Parties shall not take any measures or actions which render the conditions for the supply of services by Community and Croatian nationals or companies which are established in a Party other than that of the person for whom the services are intended significantly more restrictive as compared to the situation existing on the day preceding the day of entry into force of the Agreement. 2. If one Party is of the view that measures introduced by the other Party since the entry into force of the Agreement result in a situation which is significantly more restrictive in respect of supply of services as compared with the situation existing at the date of entry into force of the Agreement, such first Party may request the other Party to enter into consultations. Article 58 With regard to supply of transport services between the Community and Croatia, the following provisions shall apply: 1. With regard to inland transport, Protocol 6 lays down the rules applicable to the relationship between the Parties in order to ensure, particularly, unrestricted road transit traffic across Croatia and the Community as a whole, the effective application of the principle of non discrimination and progressive harmonisation of the Croatian transport legislation with that of the Community. 2. With regard to international maritime transport the Parties undertake to apply effectively the principle of unrestricted access to the market and traffic on a commercial basis. (a) (b) The above provision does not prejudice the rights and obligations under the United Nations Code of Conduct for Liner Conferences, as applied by one or the other Party to this Agreement. Non-conference liners will be free to operate in competition with a conference as long as they adhere to the principle of fair competition on a commercial basis; The Parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade. 3. In applying the principles of paragraph 2, the Parties shall: (a) (b) not introduce cargo-sharing clauses in future bilateral agreements with third countries, other than in those exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned; prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade; 37
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Article 57<br />
1. The Parties shall not take any measures or actions which render <strong>the</strong> conditions for <strong>the</strong><br />
supply of services by Community <strong>and</strong> <strong>Croatia</strong>n nationals or companies which are<br />
established in a Party o<strong>the</strong>r than that of <strong>the</strong> person for whom <strong>the</strong> services are<br />
intended significantly more restrictive as compared to <strong>the</strong> situation existing on <strong>the</strong><br />
day preceding <strong>the</strong> day of entry into force of <strong>the</strong> <strong>Agreement</strong>.<br />
2. If one Party is of <strong>the</strong> view that measures introduced by <strong>the</strong> o<strong>the</strong>r Party since <strong>the</strong> entry<br />
into force of <strong>the</strong> <strong>Agreement</strong> result in a situation which is significantly more<br />
restrictive in respect of supply of services as compared with <strong>the</strong> situation existing at<br />
<strong>the</strong> date of entry into force of <strong>the</strong> <strong>Agreement</strong>, such first Party may request <strong>the</strong> o<strong>the</strong>r<br />
Party to enter into consultations.<br />
Article 58<br />
With regard to supply of transport services <strong>between</strong> <strong>the</strong> Community <strong>and</strong> <strong>Croatia</strong>, <strong>the</strong><br />
following provisions shall apply:<br />
1. With regard to inl<strong>and</strong> transport, Protocol 6 lays down <strong>the</strong> rules applicable to <strong>the</strong><br />
relationship <strong>between</strong> <strong>the</strong> Parties in order to ensure, particularly, unrestricted road<br />
transit traffic across <strong>Croatia</strong> <strong>and</strong> <strong>the</strong> Community as a whole, <strong>the</strong> effective application<br />
of <strong>the</strong> principle of non discrimination <strong>and</strong> progressive harmonisation of <strong>the</strong> <strong>Croatia</strong>n<br />
transport legislation with that of <strong>the</strong> Community.<br />
2. With regard to international maritime transport <strong>the</strong> Parties undertake to apply<br />
effectively <strong>the</strong> principle of unrestricted access to <strong>the</strong> market <strong>and</strong> traffic on a<br />
commercial basis.<br />
(a)<br />
(b)<br />
The above provision does not prejudice <strong>the</strong> rights <strong>and</strong> obligations under <strong>the</strong><br />
United Nations Code of Conduct for Liner Conferences, as applied by one or<br />
<strong>the</strong> o<strong>the</strong>r Party to this <strong>Agreement</strong>. Non-conference liners will be free to operate<br />
in competition with a conference as long as <strong>the</strong>y adhere to <strong>the</strong> principle of fair<br />
competition on a commercial basis;<br />
The Parties affirm <strong>the</strong>ir commitment to a freely competitive environment as<br />
being an essential feature of <strong>the</strong> dry <strong>and</strong> liquid bulk trade.<br />
3. In applying <strong>the</strong> principles of paragraph 2, <strong>the</strong> Parties shall:<br />
(a)<br />
(b)<br />
not introduce cargo-sharing clauses in future bilateral agreements with third<br />
countries, o<strong>the</strong>r than in those exceptional circumstances where liner shipping<br />
companies from one or o<strong>the</strong>r Party to this <strong>Agreement</strong> would not o<strong>the</strong>rwise have<br />
an effective opportunity to ply for trade to <strong>and</strong> from <strong>the</strong> third country<br />
concerned;<br />
prohibit cargo-sharing arrangements in future bilateral agreements concerning<br />
dry <strong>and</strong> liquid bulk trade;<br />
37