CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Croatia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Croatian Regulatory Authority for Network Industries (HAKOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
CROATIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.15%
Coverage rate of zero-tariffs on ICT goods (%)
74.76%
Coverage: ICT goods
CROATIA
Since March 2004, last amended in February 2014
Since December 2016
Since December 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Act NN 120-16 (Zakon o javnoj nabavi NN 120-16)
Public Procurement Act NN 120-16 (Zakon o javnoj nabavi NN 120-16)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Croatia, the Directive has been transposed with the Public Procurement Act NN 120-16.
In Croatia, the Directive has been transposed with the Public Procurement Act NN 120-16.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230209081932/https://narodne-novine.nn.hr/clanci/sluzbeni/2016_12_120_2607.html
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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CROATIA
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the extensive use of state-owned companies limits the impact of ongoing procurement reforms to promote competition for public funds and increases the risk of conflicts of interest. Moreover, despite major progress in increasing transparency, corruption remains a significant concern, considering that, for instance, some stakeholders report the existence of discriminatory technical specifications in public procurement tenders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221010033652/https://ec.europa.eu/regional_policy/sources/policy/how/improving-investment/public-procurement/study/country_profile/hr.pdf
- https://web.archive.org/web/20220305190149/https://www.oecd.org/corporate/OECD-Review-of-the-Corporate-Governance-of-State-Owned-Enterprises-Croatia.pdf
- https://web.archive.org/web/20240123154213/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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CROATIA
Since 2003, last amendment in 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Exchange Act (Zakon o deviznom poslovanju)
Croatian law prohibits any discrimination between investments on the basis of nationality. Foreign investment rules follow a reciprocity principle.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231130040717/https://www.schoenherr.eu/content/has-croatia-implemented-fdi-screening-mechanism/
- https://web.archive.org/web/20241109060310/https://www2.deloitte.com/content/dam/Deloitte/cz/Documents/legal/CE_FDI.pdf
- https://web.archive.org/web/20221117115818/https://www.oecd.org/investment/OECD-Investment-Policy-Review-of-Croatia-Overview-Assessment.pdf
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CROATIA
Since February 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patent Act (OG No. 16/2020) (Zakon o patentu NN 16/2020)
Art. 17 of the Patent Act establishes that foreign companies must act through a representative in order to register a patent with the Croatian Intellectual Property Office. In addition, a translation of the patent shall be provided in Croatian at least two months after filing.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230327052545/https://www.ip-coster.com/IPGuides/c/intellectual-property-croatia
- https://web.archive.org/web/20241205200203/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/hr/hr150en.pdf
- https://www.wipo.int/pct/en/pct_contracting_states.html
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CROATIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Croatia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BULGARIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bulgaria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BULGARIA
Since March 2010, entry into force in May 2010, last amended in 2018
Sine July 1999, as amended in December 2020
Sine July 1999, as amended in December 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Radio and Television Act (Закон за радиото и телевизията)
Radio and Television Act (Закон за радиото и телевизията)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Bulgaria, the EU Directive was transposed into domestic law through the amendment of the Radio and Television Act of December 2020 (SG No. 109 of 2020). According to Art. 19 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of their catalogues consist of European works, which must be given prominence. The share of European works is calculated on an annual average basis, based on the number of titles in the service's catalogue.
In Bulgaria, the EU Directive was transposed into domestic law through the amendment of the Radio and Television Act of December 2020 (SG No. 109 of 2020). According to Art. 19 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of their catalogues consist of European works, which must be given prominence. The share of European works is calculated on an annual average basis, based on the number of titles in the service's catalogue.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231218141041/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231004155308/https://lex.bg/laws/ldoc/2134447616
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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BULGARIA
Since 2018
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Terms and conditions for domain name registration and support in the .bg zone and sub-zones
Under Art. 3 of the Terms and Conditions for Domain Name Registration and Support in the ".bg" Zone and the Sub-Zones, only Bulgarian and EU natural and legal persons can register a ".bg" domain, as well as foreigners with a right for permanent residence on these territories. Entities that do not meet these conditions must act through a representative that does.
Coverage Horizontal
BULGARIA
Since June 2014
Since June 2006, as amended in July 2014
Since June 2006, as amended in July 2014
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act of 25 July 2014, amending the Consumer Protection Act of 10 June 2006 (Закон за защита на потребителите)
Consumer Protection Act of 25 July 2014, amending the Consumer Protection Act of 10 June 2006 (Закон за защита на потребителите)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act of 25 July 2014. This includes comprehensive obligations to inform consumers about distance sales, a right to withdraw and rules on the recognition of digital signatures.
Coverage Horizontal
BULGARIA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Bulgaria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BULGARIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Bulgaria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
