8 The EU and Serbia
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(29213)
15616/07
+ ADDs 1-2
COM(07) 743
(b)
(29214)
15690/07
+ ADDs 1-2
COM(07) 744
(c)
(29427)
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—
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Draft Council Decisions on the signing and on the conclusion of the Stabilisation and Association Agreement between the European Communities and its Member States and the Republic of Serbia
Draft Council Decision concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community and the Republic of Serbia
Interim Political Agreement on Co-operation between the European Union and its Member States and the Republic of Serbia
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| Legal base | (a) and (b) Articles 300 and 310 EC; unanimity
(c) —
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 14 January 2010
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| Previous Committee Reports | HC 5-iii (2009-10), chapter 20 (9 December 2009), HC 19-xxvi (2008-09), chapter 21 (10 September 2009); HC 19-xxiii (2008-09), chapter 8 (8 July 2009); HC 19-ix (2008-09), chapter 11 (4 March 2009); HC 19-v (2008-09), chapter 16 (28 January 2009); HC 19-i (2008-09), chapter 17 (10 December 2008); HC16-xxiv (2007-08), chapter 15 (18 June 2008), HC16-xxi (2007-08), chapter 17 (14 May 2008), HC 16-xii (2007-08), chapter 1 (20 February 2008) HC 16-x (2007-08), chapter 4 (30 January 2008) and HC 16-viii (2007-08), chapter 5 (16 January 2008); also see (26575) 8884/05: HC 34-i (2005-06), chapter 48 (4 July 2005); and (29103): 14999/07; (29104):15001/07; (29100): 14995/07; (29099): 14993/07; (29101):14996/07; (29102):14997/07: HC 16-v (2007-08), chapter 1 (5 December 2007)
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| Discussed in Council | 8 December 2009 General Affairs and External Relations Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared (debate on 29 April 2008); further information provided.
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Background
8.1 The Stabilisation and Association Process is designed
to bring the countries of the Western Balkans closer to the EU
and to help prepare them for eventual membership. The Stabilisation
and Association Agreement (SAA) is a key step — a far-reaching
legal relationship, entailing mutual rights and obligations; the
gradual implementation of a free trade area; reforms designed
to achieve the adoption of EU standards in areas such as justice,
freedom and security, accompanied by formalised political dialogue;
enhanced regional co-operation; and a Stabilisation and Association
Council to supervise implementation.
8.2 The Committee has been engaged in discussion
with both the previous and the present Minister for Europe about
signature of the SAA (which is then subject to parliamentary ratification)
and the interim agreement (the trade-related aspects, implemented
on signature); and, latterly, the proposal that, given differences
then obtaining among Member States, there should be an Interim
Political Agreement on Co-operation. Those differences, and the
Committee's concern, have revolved around the associated Conditionality,
i.e., "full cooperation" with the ICTY (International
Criminal Tribunal for the former Yugoslavia) in connection with
the apprehension and surrender of the most egregious fugitives,
Radovan Karadzic[21]
and Ratko Mladic.
8.3 In the event, they were resolved among Member
States in such a way that the 29 April GAERC approved the Council
Decisions, whereupon the two agreements were signed. On the same
day, European Committee B debated these documents and a collection
of annual progress reports on the Western Balkan EU aspirants.
All of this is summarised in our previous Report, along with the
Committee's consideration of subsequent correspondence with the
Minister for Europe.
8.4 On 1 December 2009, the Minister for Europe
at the Foreign and Commonwealth Office (Chris Bryant) wrote to
the Committee as follows:
— "the
Government's policy until now has been that the UK would be content
to implement Serbia's Interim Agreement, on the basis of Serbia's
significantly improved co-operation with the ICTY, while keeping
ratification of the SAA conditional on Serbia's full co-operation
with the ICTY;
— "the Government's view is that 'full
co-operation' means committed and sustained activity from the
Serbian Government, demonstrating 100 percent effort and political
will in co-operating with ICTY — and that that co-operation
covers efforts in a wide range of areas including: tackling support
networks; meeting requests for documents; allowing access to archives;
ensuring protection of witnesses; as well as in locating and transferring
the remaining indictees."
8.5 The Minister noted that ICTY Prosecutor Brammertz
was scheduled to deliver his next report on ICTY's completion
strategy to the UN Security Council on 3 December, "just
days before the 7/8 December GAERC (at which we expect Serbia's
relationship with the EU, including in relation to progress on
ICTY co-operation, to be discussed)." The Minister said that
this report would include an annex on the co-operation of regional
states with his office, including Serbia. It was, the Minister
said, "Brammertz's most positive report on Serbia to date",
assessing that:
— Serbia's
co-operation has continued to improve and develop;
— the Serbian authorities are providing
timely responses to requests arising during trials at The Hague
for access to documents and archives, with no requests outstanding;
— they have responded quickly to facilitate
the appearance of witnesses before the tribunal and made the necessary
arrangements to safeguard them;
— they are actively conducting search operations
for the two remaining indictees.
8.6 With regard to the central issue of cooperation,
the Minister said that the report concluded that Brammertz was
"satisfied" with the current level of efforts undertaken
by the Serbian authorities.
8.7 Turning to the Committee's request in our
Report of 10 September to be informed of any decisions ahead of
any GAERC where Serbia's progress along the EU path may be discussed,
the Minister said:
"The decision of whether or not Serbia is fully
co-operating with the ICTY is one for individual member states
to take. However as you are aware a unanimous decision is required
by all EU Member State to implement the IA and ratify the SAA.
"Given the very short window between Brammertz's
formal report to the UNSC on 3 December and EU discussion at the
GAERC on 7-8 December, I wanted to inform the Committee that,
provided Brammertz' report to the UNSC confirms his draft assessment,
the Government will assess that Serbia is now fully co-operating
with ICTY and therefore would be ready in principle to support
an EU decision both to implement Serbia's Interim Agreement and
also to start the process of SAA ratification. Our judgement is
that this would the right way to incentivise further sustained
co-operation by Serbia. In doing so, we shall make clear to the
Serbian Government, EU partners and Chief Prosecutor Brammertz
that, should Serbia fail to maintain full co-operation at any
stage during its EU accession process, we would be ready to support
appropriate measures in response."
8.8 Subsequently, on 7 December 2009, the Government
issued a Written Ministerial Statement, which is reproduced at
Annex 1 of this chapter of our Report.
8.9 Then, on 8 December, the Council adopted
the following Conclusions:
"The Council welcomes Serbia's commitment to
EU integration by undertaking key reforms in line with European
standards and by gradually building up a track-record in implementing
the provisions of the Interim Agreement with the EU. The Council
notes that the Office of the Prosecutor of the ICTY is satisfied
with the current level of efforts undertaken by Serbia's authorities
in their cooperation and insists that Serbia maintain these efforts
in order to achieve additional positive results. Recalling the
Council conclusions of 29 April 2008, the Council decides that
the Union will start implementing the Interim Agreement. The Council
will turn to the next issue — ratification of the Stabilisation
and Association Agreement — in six months time."[22]
Our assessment
8.10 We thanked the Minister for this further
information, which we reported to the House because of the widespread
interest in the accession process in the western Balkans.
8.11 Only time, we felt, would tell if the right
decisions had been taken. And the government had made it clear
that, if thus "incentivised", the Serbian authorities
failed to respond, it would respond appropriately.
8.12 We looked forward to hearing further from
the Minister in six month's time, which we presumed would be after
the ICTY Chief Prosecutor's next report.
The Minister's letter of 14 January 2010
8.13 The Minister for Europe (Chris Bryant) begins
by confirming that:
— ICTY
Chief Prosecutor Brammertz gave his formal presentation to the
UNSC on 3 December, assessing Serbia's co-operation with ICTY
as "very positive" and describing their level of co-operation
as "satisfactory";
— the General Affairs Council discussed
Serbia on 7/8 December and agreed to unblock implementation of
Serbia's Interim Agreement;
— although there was no consensus to unblock
ratification of the Stabilisation and Association Agreement, it
was agreed to consider this in six months time, provided Serbia's
improved level of co-operation with ICTY is sustained.
8.14 He continues as follows:
"I would like to reiterate that, while the Government's
position is that Serbia is now fully co-operating with ICTY, we
continue to make it clear to the Serbian Government, EU partners
and Chief Prosecutor Brammertz that, should Serbia fail fully
to co-operate at any stage during its EU accession process, we
would be ready to support appropriate measures in response which
could include delaying, slowing or stopping UK ratification
of Serbia's SAA, and/or holding back the granting of Candidate
Status and the opening of accession negotiations. We could also
seek, as we did for Croatia, to incorporate within the Negotiating
Framework a requirement for Serbia to maintain full cooperation
with ICTY thereby allowing any new concerns to affect the advancement
of negotiations once they are opened."
8.15 The Minister also notes that Serbia submitted
an application for EU Membership on 22 December:
"The Government supports the principle whereby
applications for EU membership are referred promptly by the Council
to the Commission for the Commission to prepare detailed advice
(an Avis) on whether, in the Commission's opinion, the applicant
is ready to open accession negotiations. However, as you are aware,
a unanimous decision by EU Member States is required before referral
can take place. In our view it is unlikely that all Member States
will be willing to take this step without there first being consensus
on beginning the SAA ratification process."
8.16 The Minister concludes his letter by undertaking
to keep the Committee informed of developments.
Conclusion
8.17 We are grateful to the Minister for
this further information, which we are once again reporting to
the House because of the widespread interest in the issues concerned.
Annex 1: 7 December 2009: Written
Ministerial Statement on Serbia's co-operation with the International
War Crimes Tribunal for Former Yugoslavia (ICTY).
"The International War Crimes Tribunal for Former
Yugoslavia (ICTY) Chief Prosecutor, Serge Brammertz, delivered
his latest report on the ICTY completion strategy to the UN Security
Council on 3 December. One of his key judgements was his very
positive assessment of Serbia's co-operation with the ICTY. The
Government warmly welcomes this assessment.
"The Government has long been amongst the strongest
supporters of the ICTY, and of a clear policy of conditionality
underpinning EU integration. It is important that all countries
wishing to join the EU show their commitment to the rule of law
and fully accept their responsibility to deal with the past, in
particular by ensuring that all those indicted for the most serious
of crimes face justice. EU member states have made it consistently
clear that achieving and maintaining full cooperation with the
ICTY is essential for progress towards EU membership.
"We have had many discussions with the Serbian
authorities about this over recent years. We have not been slow,
when we thought they were not doing enough, to make our views
known.
"When the new Serbian Government took office
last year, under President Tadic's leadership, we were encouraged
by their public commitment to do everything necessary to conclude
this process successfully. We have maintained close contact since
then with those responsible for the investigations.
"I have previously made clear to this House
that our assessment of full co-operation would be based on committed
and sustained activity from the Serbian Government, demonstrating
100 per cent effort and political will in co-operating with ICTY.
That co-operation should cover efforts in a wide range of areas
including: tackling support networks; meeting requests for documents;
allowing access to archives; ensuring protection of witnesses;
as well as in locating and transferring the remaining indictees.
The Government's assessment is that Prosecutor Brammertz's report
shows this to be the case.
"We congratulate the Serbian authorities on
this significant achievement. We are discussing with our EU partners
how the EU should recognise this. We will remain in close touch
with the authorities in Serbia to underline the importance of
maintaining this sustained effort, including to track down and
deliver the two remaining ICTY indictees, Ratko Mladic and Goran
Hadzic."
21 Transferred to the ICTY in July 2008. Back
22
Part of the full "Council conclusions on enlargement/stabilisation
and association process", available at http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/genaff/111830.pdf
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