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
(c) (d) abolish, upon the entry into force of this Agreement, all unilateral measures and administrative, technical and other obstacles that could have restrictive or discriminatory effects on the free supply of services in international maritime transport. Each Party shall grant, inter alia, no less favourable treatment for the ships operated by nationals or companies of the other Party than that accorded to a Party's own ships with regard to access to ports open to international trade, the use of infrastructure and auxiliary maritime services of the ports, a well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading. 4. With a view to ensuring a co-ordinated development and progressive liberalisation of transport between the Parties adapted to their reciprocal commercial needs, the conditions of mutual market access in air transport shall be dealt with by special agreements to be negotiated between the Parties after the entry into force of this Agreement. 5. Prior to the conclusion of the agreement referred to in paragraph 4, the Parties shall not take any measures or actions which are more restrictive or discriminatory as compared with the situation existing prior to the entry into force of this Agreement. 6. Croatia shall adapt its legislation, including administrative, technical and other rules, to that of the Community existing at any time in the field of air and inland transport insofar as it serves liberalisation purposes and mutual access to markets of the Parties and facilitates the movement of passengers and of goods. 7. In step with the common progress in the achievement of the objectives of this Chapter, the Stabilisation and Association Council shall examine ways of creating the conditions necessary for improving freedom to provide air and inland transport services. CHAPTER IV CURRENT PAYMENTS AND MOVEMENT OF CAPITAL Article 59 The Parties undertake to authorise, in freely convertible currency, in accordance with the provisions of Article VIII of the Articles of the Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Community and Croatia. Article 60 1. With regard to transactions on the capital and financial account of balance of payments, from the entry into force of the Agreement, the Parties shall ensure the free movement of capital relating to direct investments made in companies formed in accordance with the laws of the host country and investments made in accordance with the provisions of Chapter II of Title V, and the liquidation or repatriation of these investments and of any profit stemming therefrom. 38
2. With regard to transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of one of the Parties is participating, and to financial loans and credits, with maturity longer than a year. As from the entry into force of this Agreement, Croatia shall authorise, by making full and expedient use of its existing procedures, the acquisition of real estate in Croatia by nationals of Member States of the European Union, except for areas and matters listed in Annex VII. Within four years from the entry into force of this Agreement, Croatia shall progressively adjust its legislation concerning the acquisition of real estate in Croatia by nationals of the Member States of the EuropeanUniontoensurethesametreatmentascomparedtoCroatiannationals.At the end of the fourth year after the entry into force of this Agreement, the Stabilisation and Association Council shall examine the modalities for extending these rights to the areas and matters listed in Annex VII. The Parties shall also ensure, from the fourth year after the entry into force of this Agreement, free movement of capital relating to portfolio investment and financial loans and credits with maturity shorter than a year. 3. Without prejudice to paragraph 1, the Parties shall not introduce any new restrictions on the movement of capital and current payments between residents of the Community and Croatia and shall not make the existing arrangements more restrictive. 4. Without prejudice to the provisions of Article 59 and of this Article, where, in exceptional circumstances, movements of capital between the Community and Croatia cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in the Community or Croatia, the Community and Croatia, respectively, may take safeguard measures with regard to movements of capital between the Community and Croatia for a period not exceeding six months if such measures are strictly necessary. 5. Nothing in the above provisions shall be taken to limit the rights of economic operators of the Parties from benefiting from any more favourable treatment that may be provided for in any existing bilateral or multilateral agreement involving Parties to this Agreement. 6. The Parties shall consult each other with a view to facilitating the movement of capital between the Community and Croatia in order to promote the objectives of this Agreement. Article 61 1. During the first four years following the date of entry into force of this Agreement, the Parties shall take measures permitting the creation of the necessary conditions for the further gradual application of Community rules on the free movement of capital. 2. By the end of the fourth year following the date of entry into force of this Agreement, the Stabilisation and Association Council shall determine the modalities for full application of Community rules on the movement of capital. 39
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2. With regard to transactions on <strong>the</strong> capital <strong>and</strong> financial account of balance of<br />
payments, from <strong>the</strong> entry into force of this <strong>Agreement</strong>, <strong>the</strong> Parties shall ensure <strong>the</strong><br />
free movement of capital relating to credits related to commercial transactions or to<br />
<strong>the</strong> provision of services in which a resident of one of <strong>the</strong> Parties is participating, <strong>and</strong><br />
to financial loans <strong>and</strong> credits, with maturity longer than a year.<br />
As from <strong>the</strong> entry into force of this <strong>Agreement</strong>, <strong>Croatia</strong> shall authorise, by making<br />
full <strong>and</strong> expedient use of its existing procedures, <strong>the</strong> acquisition of real estate in<br />
<strong>Croatia</strong> by nationals of Member States of <strong>the</strong> European Union, except for areas <strong>and</strong><br />
matters listed in Annex VII. Within four years from <strong>the</strong> entry into force of this<br />
<strong>Agreement</strong>, <strong>Croatia</strong> shall progressively adjust its legislation concerning <strong>the</strong><br />
acquisition of real estate in <strong>Croatia</strong> by nationals of <strong>the</strong> Member States of <strong>the</strong><br />
EuropeanUniontoensure<strong>the</strong>sametreatmentascomparedto<strong>Croatia</strong>nnationals.At<br />
<strong>the</strong> end of <strong>the</strong> fourth year after <strong>the</strong> entry into force of this <strong>Agreement</strong>, <strong>the</strong><br />
<strong>Stabilisation</strong> <strong>and</strong> <strong>Association</strong> Council shall examine <strong>the</strong> modalities for extending<br />
<strong>the</strong>se rights to <strong>the</strong> areas <strong>and</strong> matters listed in Annex VII.<br />
The Parties shall also ensure, from <strong>the</strong> fourth year after <strong>the</strong> entry into force of this<br />
<strong>Agreement</strong>, free movement of capital relating to portfolio investment <strong>and</strong> financial<br />
loans <strong>and</strong> credits with maturity shorter than a year.<br />
3. Without prejudice to paragraph 1, <strong>the</strong> Parties shall not introduce any new restrictions<br />
on <strong>the</strong> movement of capital <strong>and</strong> current payments <strong>between</strong> residents of <strong>the</strong><br />
Community <strong>and</strong> <strong>Croatia</strong> <strong>and</strong> shall not make <strong>the</strong> existing arrangements more<br />
restrictive.<br />
4. Without prejudice to <strong>the</strong> provisions of Article 59 <strong>and</strong> of this Article, where, in<br />
exceptional circumstances, movements of capital <strong>between</strong> <strong>the</strong> Community <strong>and</strong><br />
<strong>Croatia</strong> cause, or threaten to cause, serious difficulties for <strong>the</strong> operation of exchange<br />
rate policy or monetary policy in <strong>the</strong> Community or <strong>Croatia</strong>, <strong>the</strong> Community <strong>and</strong><br />
<strong>Croatia</strong>, respectively, may take safeguard measures with regard to movements of<br />
capital <strong>between</strong> <strong>the</strong> Community <strong>and</strong> <strong>Croatia</strong> for a period not exceeding six months if<br />
such measures are strictly necessary.<br />
5. Nothing in <strong>the</strong> above provisions shall be taken to limit <strong>the</strong> rights of economic<br />
operators of <strong>the</strong> Parties from benefiting from any more favourable treatment that may<br />
be provided for in any existing bilateral or multilateral agreement involving Parties<br />
to this <strong>Agreement</strong>.<br />
6. The Parties shall consult each o<strong>the</strong>r with a view to facilitating <strong>the</strong> movement of<br />
capital <strong>between</strong> <strong>the</strong> Community <strong>and</strong> <strong>Croatia</strong> in order to promote <strong>the</strong> objectives of this<br />
<strong>Agreement</strong>.<br />
Article 61<br />
1. During <strong>the</strong> first four years following <strong>the</strong> date of entry into force of this <strong>Agreement</strong>,<br />
<strong>the</strong> Parties shall take measures permitting <strong>the</strong> creation of <strong>the</strong> necessary conditions for<br />
<strong>the</strong> fur<strong>the</strong>r gradual application of Community rules on <strong>the</strong> free movement of capital.<br />
2. By <strong>the</strong> end of <strong>the</strong> fourth year following <strong>the</strong> date of entry into force of this<br />
<strong>Agreement</strong>, <strong>the</strong> <strong>Stabilisation</strong> <strong>and</strong> <strong>Association</strong> Council shall determine <strong>the</strong> modalities<br />
for full application of Community rules on <strong>the</strong> movement of capital.<br />
39