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PUBLIC - Croatia, the War, and the Future

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To <strong>the</strong> extent that Germany or Austria derogate from <strong>the</strong> first paragraph of Article 56 of <strong>the</strong><br />

TFEU in accordance with <strong>the</strong> preceding subparagraphs, <strong>Croatia</strong> may, after notifying <strong>the</strong><br />

Commission, take equivalent measures.<br />

The effect of <strong>the</strong> application of this paragraph shall not result in conditions for <strong>the</strong> temporary<br />

movement of workers in <strong>the</strong> context of <strong>the</strong> transnational provision of services between<br />

Germany or Austria <strong>and</strong> <strong>Croatia</strong> which are more restrictive than those prevailing on <strong>the</strong> date<br />

of signature of <strong>the</strong> Treaty of Accession.<br />

13. The effect of <strong>the</strong> application of paragraphs 2 to 5 <strong>and</strong> 7 to 11 shall not result in conditions for<br />

access of <strong>Croatia</strong>n nationals to <strong>the</strong> labour markets of <strong>the</strong> present Member States which are<br />

more restrictive than those prevailing on <strong>the</strong> date of signature of <strong>the</strong> Treaty of Accession.<br />

Notwithst<strong>and</strong>ing <strong>the</strong> application of <strong>the</strong> provisions laid down in paragraphs 1 to 12, <strong>the</strong> present<br />

Member States shall, during any period when national measures or those resulting from<br />

bilateral agreements are applied, give preference to workers who are nationals of <strong>the</strong> Member<br />

States over workers who are nationals of third countries as regards access to <strong>the</strong>ir labour<br />

market.<br />

<strong>Croatia</strong>n migrant workers <strong>and</strong> <strong>the</strong>ir families legally resident <strong>and</strong> working in ano<strong>the</strong>r Member<br />

State or migrant workers from o<strong>the</strong>r Member States <strong>and</strong> <strong>the</strong>ir families legally resident <strong>and</strong><br />

working in <strong>Croatia</strong> shall not be treated in a more restrictive way than those from third<br />

countries resident <strong>and</strong> working in that Member State or <strong>Croatia</strong> respectively. Fur<strong>the</strong>rmore, in<br />

application of <strong>the</strong> principle of Union preference, migrant workers from third countries<br />

resident <strong>and</strong> working in <strong>Croatia</strong> shall not be treated more favourably than nationals of <strong>Croatia</strong>.<br />

14509/11 WS/jj 146<br />

ANNEX I DGF 2A / DG K 2 EN

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