24.4.2012

Official Journal of the European Union

L 112/6

ANNEX V

List referred to in Article 18 of the Act of Accession: transitional measures

7. TRANSPORT POLICY

31992 R 3577: Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ L 364, 12.12.1992, p. 7).

In Article 6, the following paragraphs are added:

‘4. By way of derogation from the second subparagraph of Article 4(1), public service contracts concluded before the date of Croatia's accession may continue to be applied until 31 December 2016.

5. By way of derogation from Article 1(1), until 31 December 2014, cruise services carried out between Croatian ports by ships smaller than 650 gross tonnes shall be reserved to ships registered in, and flying the flag of, Croatia, which are operated by shipping companies, established in accordance with Croatian law, and whose principal place of business is situated, and effective control exercised, in Croatia.

6. By way of derogation from Article 1(1), and for the transitional period until 31 December 2014, the Commission may, upon a substantiated request by a Member State, decide, within 30 working days of receipt of the relevant request, that ships benefiting from the derogation set out in paragraph 5 of this Article shall not carry out cruise services between ports of certain areas of a Member State other than Croatia where it is demonstrated that the operation of these services seriously disturbs or threatens to seriously disturb the internal transport market in the areas concerned. If after the period of 30 working days the Commission has taken no decision, the Member State concerned shall be entitled to apply safeguard measures until the Commission has taken its decision. In the event of an emergency, the Member State may unilaterally adopt appropriate provisional measures which may remain in force for no more than three months. That Member State shall immediately inform the Commission thereof. The Commission may abrogate the measures or confirm them until it takes its final decision. Member States shall be kept informed.’.

32009 R 1072: Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast) (OJ L 300, 14.11.2009, p. 72).

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

—	for a period of two years from the date of Croatia's accession, undertakings established in Croatia shall be excluded from cabotage in the other Member States,

—

for a period of two years from the date of Croatia's accession, other Member States may notify the Commission whether they intend to prolong the transitional period referred to in the first indent for a maximum of two years or whether they intend to apply Article 8 in relation to undertakings established in Croatia. In the absence of such notification, Article 8 shall apply,

—	any of the present Member States may at any time during a period of two years from the date of Croatia's accession notify the Commission of its intention to apply Article 8 in relation to undertakings established in Croatia,

—	only carriers established in Member States where Article 8 applies in relation to undertakings established in Croatia may perform cabotage in Croatia,

—

for a period of four years from the date of Croatia's accession, any Member State applying Article 8 may, in case of serious disturbance of its national market or parts thereof due to or aggravated by cabotage, such as serious excess of supply over demand or a threat to the financial stability or survival of a significant number of road haulage undertakings, request the Commission to suspend in whole or in part the application of Article 8 in relation to undertakings established in Croatia. In this case, Article 10 shall apply.

Member States that apply the transitional measure referred to in the first and second indents of the first paragraph may progressively exchange cabotage authorisations on the basis of bilateral agreements with Croatia.

The transitional arrangements referred to in the first and second paragraphs shall not lead to more restrictive access for Croatian carriers to cabotage in any Member State than that prevailing at the time of the signature of the Treaty of Accession.