Justice Commissioner Viviane Reding and Enlargement Commissioner Stefan Fuele informed the college of commissioners last Friday that Croatia violated the European Arrest Warrant and they received the support of all the commissioners to activate Article 39.

The Commission will soon inform the member states about its decision as Article 39 provides for consultations with the member states, but it does not need their approval to take punitive action. The member states have ten days to express their opinion, after which it will be decided what measures will be taken against Croatia.

The diplomatic source said that the measures would most likely include suspension of funding for preparations for entry into the Schengen passport-free area, or alternatively imposition of post-accession monitoring, which the Commission had opposed before Croatia joined the EU, the source said.

Article 39 allows the Commission to take appropriate measures in the event of serious shortcomings in the transposition or implementation of EU legislation by a newly-admitted member state.