When Croatia officially joined the European Union on July 1, 2013, it did so under a set of unique conditions that distinguished it from existing member states. This arrangement included numerous temporary exceptions and transitional measures, which meant that Croatia could not enjoy the same privileges as other countries in the economic and political union. The specifics of these conditions can be found in the Act on Croatia’s Accession, which outlines the terms of entry, necessary adjustments to EU treaties, and the functioning of the EU itself.
The accession agreement is a comprehensive international treaty comprising 55 members, nine annexes, and various additional protocols and correspondence. It establishes the political consensus required for Croatia to align with existing EU regulations. The official document acknowledges that Croatia was expected to accept all decisions made by EU institutions prior to its membership and to join international agreements concluded by the Union.
As Croatia transitioned into full EU membership, it had to withdraw from any trade agreements with third countries that were not in line with EU law. Notably, Croatia’s accession included a special treatment similar to what is now being considered for Montenegro, which is on the path to EU membership.
Croatia’s accession involved a limited transitional period to allow the new member to adapt gradually to its position within the Union. One critical area affected was the Schengen Zone, where Croatia was required to implement relevant legal frameworks upon accession. The final decision regarding the elimination of border controls among member states would rest with the EU Council, following an evaluation process.
In the European Parliament, Croatia was allocated a specific number of additional seats, with mandates that began in 2013 and lasted until late 2014. This arrangement also included designated positions in the European Commission. Moreover, special voting rules within the EU Council were defined, remaining in effect until the conclusion of the then-current mandate.
The Act on Accession also provided for a temporary enhanced monitoring system by the European Commission, particularly during the first three years after Croatia’s entry. This system allowed the Commission to oversee and assess Croatia’s compliance with obligations established during the accession negotiations, focusing on critical areas such as the judiciary, fundamental rights, anti-corruption measures, market competition, and management of external borders.
In terms of economic and financial matters, which are top priorities for the EU, Croatia entered with the status of a “member state with a derogation” as it was not part of the Eurozone. Its financial obligations and rights were also temporally constrained. For instance, Croatia was allowed to contribute nearly €450 million towards its capital obligations to the European Investment Bank over five years. Additionally, commitments to the Coal and Steel Research Fund had a four-year deadline beginning in 2015.
The EU’s financial support was most substantial during Croatia’s first year of membership, but this aid diminished significantly in the following two years. Conversely, Croatia gained access to the Cohesion Fund and other essential funds, which steadily increased to support sectors like fisheries and rural development since 2013.
Transitional provisions in the accompanying documents allowed Croatia to adjust to EU legislation in specific, clearly defined cases over a period that could extend up to seven years, under the supervision of the European Commission. This applied to essential market products, including medicines, labor, land ownership, wine and olive oil labeling, sugar importation, and national seed varieties.
Particularly noteworthy were the protective clauses, which provided a limited mechanism for the EU to intervene in case of serious market disruptions or if Croatia failed to meet its obligations. These measures could restrict some rights arising from full membership for up to three years. Once this period elapsed, the protective clauses could no longer be applied, solidifying Croatia’s status as a full and irreversible member.
EU institutions have emphasized that these mechanisms have facilitated a stable and controlled integration of Croatia into the EU’s legal, institutional, and financial systems while ensuring legal certainty and functionality within the economic and political community.
For Montenegro, a similar approach from European institutions could imply a lengthy adjustment period before achieving full membership. Given the ongoing discord within the EU, additional measures may be included in future agreements to appease the most vocal opponents of further expansion.
An essential part of the Accession Act outlines obligations undertaken by Croatia, which are not time-bound. The country committed to continuing its judicial reform strategy and action plan, enhancing the independence, accountability, neutrality, and professionalism of its judiciary. Croatia also pledged to improve efficiency in handling domestic war crime cases and to ensure significant outcomes in combating organized crime and corruption, particularly at higher levels and in sensitive sectors like public procurement.
The commitments extend to strengthening minority rights and implementing the constitutional law on national minority rights, addressing issues related to the return of refugees, protecting human rights, and fully collaborating with the still-active International Criminal Tribunal for the former Yugoslavia.
Consequently, Montenegro is likely to face similar challenges that it must resolve continuously, even after it officially becomes a part of the EU.
