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PUBLIC - Croatia, the War, and the Future

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3. FREE MOVEMENT OF CAPITAL<br />

Treaty on European Union,<br />

Treaty on <strong>the</strong> Functioning of <strong>the</strong> European Union.<br />

Notwithst<strong>and</strong>ing <strong>the</strong> obligations under <strong>the</strong> Treaties on which <strong>the</strong> European Union is founded,<br />

<strong>Croatia</strong> may maintain in force for seven years from <strong>the</strong> date of accession <strong>the</strong> restrictions laid down<br />

in its Agricultural L<strong>and</strong> Act (OG 152/08), as in force on <strong>the</strong> date of signature of <strong>the</strong> Treaty of<br />

Accession, on <strong>the</strong> acquisition of agricultural l<strong>and</strong> by nationals of ano<strong>the</strong>r Member State, by<br />

nationals of <strong>the</strong> States which are a party to <strong>the</strong> European Economic Area Agreement (EEAA) <strong>and</strong><br />

by legal persons formed in accordance with <strong>the</strong> laws of ano<strong>the</strong>r Member State or an EEAA State.<br />

However, a national of a Member State or a legal person formed in accordance with <strong>the</strong> laws of<br />

ano<strong>the</strong>r Member State may in no instance be treated less favourably in respect of <strong>the</strong> acquisition of<br />

agricultural l<strong>and</strong> than such a national or person would have been treated at <strong>the</strong> date of signature of<br />

<strong>the</strong> Accession Treaty or be treated in a more restrictive way than a national or a legal person of a<br />

third country.<br />

Self-employed farmers, who are nationals of ano<strong>the</strong>r Member State <strong>and</strong> who wish to establish<br />

<strong>the</strong>mselves <strong>and</strong> reside in <strong>Croatia</strong>, shall not be subject to <strong>the</strong> provisions of <strong>the</strong> preceding paragraph<br />

or to any rules <strong>and</strong> procedures o<strong>the</strong>r than those to which nationals of <strong>Croatia</strong> are subject.<br />

A general review of this transitional measure shall be held by <strong>the</strong> end of <strong>the</strong> third year following <strong>the</strong><br />

date of accession. To this effect, <strong>the</strong> Commission shall submit a report to <strong>the</strong> Council. The Council<br />

may, acting unanimously on a proposal from <strong>the</strong> Commission, decide to shorten or terminate <strong>the</strong><br />

transitional period indicated in <strong>the</strong> first paragraph.<br />

If <strong>the</strong>re is sufficient evidence that, upon expiry of <strong>the</strong> transitional period, <strong>the</strong>re will be serious<br />

disturbances or a threat of serious disturbances on <strong>the</strong> agricultural l<strong>and</strong> market of <strong>Croatia</strong>, <strong>the</strong><br />

Commission, at <strong>the</strong> request of <strong>Croatia</strong>, shall decide upon <strong>the</strong> extension of <strong>the</strong> transitional period for<br />

three years. This extension might be limited to selected geographical areas particularly affected.<br />

14509/11 WS/jj 147<br />

ANNEX I DGF 2A / DG K 2 EN

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