RECOMMENDATION 1. on the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part
(11172/2001 ‑ COM(2001) 371 ‑ C5-0565/2001 – 2001/0149(AVC))  2. on the proposal for a Council decision on the conclusion and the provisional application of an Interim Agreement between the European Community, of the one part, and the Republic of Croatia, of the other part
(11941/2001 ‑ COM(2001) 429 ‑ C5-0564/2001 - 2001/0160(AVC))

19 November 2001 - ***

Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy
Rapporteur: Alexandros Baltas

PROCEDURAL PAGE

By letter of 9 November 2001 the Council requested Parliament's assent, pursuant to Article 310 of the EC Treaty in conjunction with the last sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3), to the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part and the Republic of Croatia, of the other part (COM(2001) 371 - 2001/0149(AVC)).

By letter of 9 November 2001 the Council requested Parliament's assent, pursuant to Article 133 of the EC Treaty in conjunction with the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3), to the proposal for a Council decision on the conclusion and the provisional application of an Interim Agreement between the European Community, of the one part, and the Republic of Croatia, of the other part (COM(2001)429 - 2001/0160(AVC)).

At the sitting of 15 November 2001 the President of Parliament announced that she had referred the proposals to the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy as the committee responsible and all the committees concerned for their opinions (11172/2001 – C5-0565/2001 and 11941/2001 – C5-0564/2001).

The Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy had appointed Alexandros Baltas rapporteur at its meeting of 12 September 2001.

The committee considered the proposals for Council decisions and the draft recommendation at its meetings of 16 October and 6 November 2001.

At the latter meeting it adopted the draft legislative resolutions unanimously.

The following were present for the vote: Elmar Brok, chairman; Baroness Nicholson of Winterbourne and Catherine Lalumière, vice-chairmen; Alexandros Baltas, rapporteur; Bastiaan Belder, André Brie, John Walls Cushnahan, Rosa M. Díez González, Robert J.E. Evans (for Gary Titley, pursuant to Rule 153(2)), Giovanni Claudio Fava (for Pasqualina Napoletano), Per Gahrton, Alfred Gomolka, Bertel Haarder, Glenys Kinnock (for Jan Marinus Wiersma), Cecilia Malmström (for Francesco Rutelli), Pedro Marset Campos, Hugues Martin, Linda McAvan, Philippe Morillon, Sami Naïr, Arie M. Oostlander, Reino Paasilinna (for Klaus Hänsch), Doris Pack (for Jürgen Schröder), Hans-Gert Poettering, Jacques F. Poos, José Ignacio Salafranca Sánchez-Neyra, Jacques Santer, Amalia Sartori, Elisabeth Schroedter, Patsy Sörensen (for Daniel Marc Cohn-Bendit), Ioannis Souladakis, Hannes Swoboda, Geoffrey Van Orden, Demetrio Volcic (for Mário Soares), Matti Wuori and Christos Zacharakis.

The recommendation was tabled on 19 November 2001.

DRAFT LEGISLATIVE RESOLUTION

1. European Parliament legislative resolution on the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (11172/2001 – COM(2001) 371 – C5-0565/2001 – 2001/0149(AVC))

(Assent procedure)

The European Parliament,

-   having regard to the proposal for a Council and Commission decision (COM(2001) 371[1]),

-   having regard to the draft Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part (11172/2001),

-   having regard to the Council's request for Parliament's assent pursuant to the last sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) in conjunction with Article 310 of the EC Treaty (C5-0565/2001),

-   having regard to Rules 86 and 97(7) of its Rules of Procedure,

-   having regard to the recommendation of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0401/2001),

1.   Gives its assent to the conclusion of the agreement;

2.   Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Republic of Croatia.

• [1] Not yet published in the OJ.

DRAFT LEGISLATIVE RESOLUTION

2. European Parliament legislative resolution on the proposal for a Council decision on the conclusion and the provisional application of an Interim Agreement between the European Community, of the one part, and the Republic of Croatia, of the other part (11941/2001 ‑ COM(2001) 429 – C5-0564/2001 – 2001/0160(AVC))

(Assent procedure)

The European Parliament,

-   having regard to the proposal for a Council decision (COM(2001) 429[1]),

-   having regard to the draft Interim Agreement between the European Community, of the one part, and the Republic of Croatia, of the other part (11941/2001),

-   having regard to the Council's request for Parliament's assent pursuant to the first sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3), in conjunction with Article 133 of the EC Treaty (C5-0564/2001),

-   having regard to Rules 86 and 97(7) of its Rules of Procedure,

-   having regard to the recommendation of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0401/2001),

1.   Gives its assent to the conclusion and provisional application of the agreement;

2.   Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Republic of Croatia.

• [1] Not yet published in the OJ.

EXPLANATORY STATEMENT

BACKGROUND

1.   This report covers the following two proposals:

• -the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part;
• -the proposal for a Council decision on the conclusion and the provisional application of an Interim agreement between the European Community, of the one part, and the Republic of Croatia, of the other part;

In both cases, Parliament has been consulted in accordance with the assent procedure (Article 133 of the EC Treaty in conjunction with the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3)).

2.   The Stabilisation and Association Agreement was initialled on 14 May 2000, and the negotiations were concluded in Zagreb on 11 May 2001. Parliament is being consulted just after the signature of that agreement, which was scheduled for 29 October, after which the process of ratification by the Member States and the Republic of Croatia will begin.

3.   This whole procedure will take some considerable time, which is why the Commission is proposing to conclude an Interim Agreement to allow the temporary entry into force of the trade and trade-related provisions of the Stabilisation and Association agreement. The interim agreement was initialled on 10 July 2001, and is currently in the process of being signed.

4.   The Stabilisation and Association Agreement initialled with Croatia is the second agreement of this kind (the first such agreement was initialled with the Former Yugoslav Republic of Macedonia). These two agreements reflect the Community's common approach to the countries of the region in the context of the stabilisation and association process, except for those provisions which arise from the specific situation of each of the two countries.

SCOPE OF THE AGREEMENT

5.   The Stabilisation and Association Agreement (and the Interim Agreement) will replace the unilateral and autonomous trade measures applied to Croatia hitherto, except for the regulation (Council Regulation 2007/2000) granting more favourable trade concessions, which will continue to apply.

6.   On 13 December 2000, the European Parliament adopted its political position on the proposed stabilisation and association agreement, after negotiations had been opened on 24 November 2000 on the occasion of the Zagreb Summit[1]. In its resolution of 13 December, Parliament stressed, in line with the conclusions of the Santa Maria da Feira Summit, that such an agreement formed part of the process of bringing Croatia closer to Europe with a view to its accession to the European Union.

7.   Following the resolution, the rapporteur was in frequent contact with the Croatian authorities throughout the negotiations. The mission he undertook to Zagreb at the end of March led to the clarification of the main questions that had been left open in the report and resolution adopted by the European Parliament in December 2000.

8.   At the time of that visit, members of the Croatian Government undertook to provide certain information relating, inter alia, to the national programme for access to the CARDS programme, interdepartmental coordination measures to manage European Union assistance and the association process, improvements with regard to the acquisition of property rights, particularly by foreigners, the return of refugees and the devolution of real estate confiscated or forcibly seized during the war. Following subsequent contacts with the Croatian authorities, these documents were forwarded to the members of the Committee on Foreign Affairs.

9.   During his visit the rapporteur also considered, with members of the Croatian Government, the role of Croatia in the stabilisation of Bosnia Herzegovina; in particular, attention was drawn to the Croatian Government's clear rejection of any attempt to create a "Herzeg-Bosnia" statelet.

10.   The European Parliament's Delegation for South-East Asia also held a meeting in Split with the Parliamentary Delegation of the Croatian Parliament (Sabor) at the end of March. In the course of that meeting, the two delegations identified the main questions relating to Croatia's domestic political and economic situation, including the return of refugees, cooperation with the International Criminal Tribunal, the media and the situation in the region.

11.   Throughout the negotiation process, the rapporteur noted Croatia's strong commitment to the process of stabilisation and association as a first stage of the process of accession to the European Union, and its wish to play an active role in the European Union/Croatia Parliamentary Committee in the context of the Stabilisation and Association Agreement.

12.   In the light of the two missions referred to, and his contacts with the Croatian authorities, the rapporteur takes the view that Croatia is well prepared to embark on a new phase in its relations with the European Union in the context of the new Stabilisation and Association Agreement.

13.   The rapporteur therefore proposes to recommend that Parliament give its assent to the Stabilisation and Association Agreement that has been negotiated and the Interim Agreement that will enable it to be implemented on a temporary basis.

• [1] Baltas report A5-0364/2000: Parliament Resolution of 13 December 2000.