4Annex V to the Act of Accession of Croatia is entitled ‘List referred to in Article 18 of the Act of Accession: transitional measures’, and Chapter 2 of that annex, headed ‘Free movement of persons’, provides in paragraphs 1, 2, and 12:(1) Article 45 and the first paragraph of Article 56 [TFEU] shall fully apply only, in relation to the free movement of workers and the freedom to provide services involving temporary movement of workers as defined in Article 1 of Directive 96/71/EC, between Croatia on the one hand and each of the present Member States on the other hand, subject to the transitional provisions laid down in paragraphs 2 to 13.(2) By derogation from Articles 1 to 6 of Regulation (EU) No 492/2011 [of the European Parliament and of the Council of 5 April 2011 on free movement for workers within the Union (OJ 2011 L 141, p. 1),] and until the end of the two year period following the date of accession, the present Member States will apply national measures, or those resulting from bilateral agreements, regulating access to their labour markets by Croatian nationals. The present Member States may continue to apply such measures until the end of the five year period following the date of accession.…(12)In order to address serious disturbances or the threat thereof in specific sensitive service sectors in the labour markets of Germany and Austria, which could arise in certain regions from the transnational provision of services, as defined in Article 1 of Directive 96/71/EC, and as long as they apply by virtue of the transnational provisions laid down above, national measures or those resulting from bilateral agreements on the free movement of Croatian workers, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of Article 56 [TFEU] with a view to limiting in the context of the provision of services by companies established in Croatia, the temporary movement of workers whose right to take up work in Germany and Austria is subject to national measures.The list of service sectors which may be covered by this derogation is as follows:…– in Austria:Sector NACE (*) code, unless otherwise specified…Construction, including related branches45.1 to 45.4,Activities listed in the Annex to Directive 96/71/EC[…](*) NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community [(OJ 1990 L 293, p. 1)].…The effect of the application of the present paragraph shall not result in conditions for the temporary movement of workers in the context of the transnational provision of services between Germany or Austria and Croatia which are more restrictive than those prevailing on the date of signature of the Treaty of Accession.’
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