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PUBLIC - Croatia, the War, and the Future

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2. 32009 R 1072: Regulation (EC) No 1072/2009 of <strong>the</strong> European Parliament <strong>and</strong> of <strong>the</strong> Council<br />

of 21 October 2009 on common rules for access to <strong>the</strong> international road haulage market (OJ<br />

L 300, 14.11.2009, p. 72).<br />

By way of derogation from Article 8 of Regulation (EC) No 1072/2009, <strong>the</strong> following shall apply:<br />

– for a period of two years after <strong>the</strong> date of <strong>Croatia</strong>'s accession, undertakings established in<br />

<strong>Croatia</strong> shall be excluded from cabotage in <strong>the</strong> o<strong>the</strong>r Member States;<br />

– for a period of two years after <strong>the</strong> date of <strong>Croatia</strong>'s accession, o<strong>the</strong>r Member States may notify<br />

<strong>the</strong> Commission on whe<strong>the</strong>r <strong>the</strong>y intend to prolong <strong>the</strong> transitional period mentioned in <strong>the</strong><br />

first indent for a maximum of two years or whe<strong>the</strong>r <strong>the</strong>y intend to apply Article 8 of<br />

Regulation (EC) No 1072/2009 in relation to undertakings established in <strong>Croatia</strong>. In <strong>the</strong><br />

absence of such notification, Article 8 shall apply;<br />

– any of <strong>the</strong> present 27 Member States may at any time during a period of two years from <strong>the</strong><br />

date of <strong>Croatia</strong>'s accession notify <strong>the</strong> Commission of its intention to apply Article 8 of<br />

Regulation (EC) No 1072/2009 in relation to undertakings established in <strong>Croatia</strong>;<br />

– only carriers established in Member States where Article 8 of Regulation (EC) No 1072/2009<br />

applies in relation to undertakings established in <strong>Croatia</strong> may perform cabotage in <strong>Croatia</strong>;<br />

– for a period of four years after <strong>the</strong> date of <strong>Croatia</strong>'s accession, any Member State applying<br />

Article 8 of Regulation (EC) No 1072/2009 may, in case of serious disturbance of its national<br />

market or parts <strong>the</strong>reof due to or aggravated by cabotage, such as serious excess of supply<br />

over dem<strong>and</strong> or a threat to <strong>the</strong> financial stability or survival of a significant number of road<br />

haulage undertakings, request <strong>the</strong> Commission to suspend in whole or in part <strong>the</strong> application<br />

of Article 8 of Regulation (EC) No 1072/2009 in relation to undertakings established in<br />

<strong>Croatia</strong>. In this case, Article 10 of Regulation (EC) No 1072/2009 shall apply.<br />

14509/11 WS/jj 160<br />

ANNEX I DGF 2A / DG K 2 EN

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