24 EU enlargement: Macedonia, Serbia
and Kosovo
| (a)
(34849)
8602/13
COM(13) 205
(b)
(34866)
—
(c)
(34867)
—
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Commission Report on the former Yugoslav Republic of Macedonia: Implementation of reforms within the framework on the High Level Accession Dialogue and promotion of good neighbourly relations
Joint Report on Serbia's progress in achieving the necessary degree of compliance with the membership criteria and notably the key priority of taking steps towards a visible and sustainable improvement of relations with Kosovo
Joint Report on Kosovo's progress in addressing issues set out in the Council Conclusions of December 2012 in view of a possible decision on the opening of negotiations on the Stabilisation and Association Agreement
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| Legal base | —
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| Documents originated | (a) 16 April 2013; (b) and (c): 22 April 2013
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| Deposited in Parliament | (a) 19 April 2013; (b) and (c): 24 April 2013
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 1 May 2013
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| Previous Committee Report | None; but see (34319) 14853/12, (34324) 14860/12, (34325) 14861/12 and (34328) 14864/12: HC 86-xvi (2012-13), chapter 6 (24 October 2012)
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| Discussion in Council | 25 June 2013 General Affairs Council (GAC)
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| Committee's assessment | Politically important
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| Committee's decision | Cleared; further information requested
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Background
24.1 The Council is responsible for decisions on the admission
of new Member States: the Commission's annual report has traditionally
provided the basis for the Council to take stock and give direction
to the accession negotiations and pre-accession reform priorities.
Commission Communication 14853/12, Enlargement Strategy and
Main Challenges 2012-13, accordingly provided a statement
of the EU's evolving enlargement strategy, an assessment of progress,
and a look forward to the challenges and priorities for 2012.
24.2 This main document was (as is the custom)
accompanied by a set of comprehensive Progress Reports on candidate
countries for EU membership (Iceland, Montenegro and Turkey) and
aspirant countries in the Balkans. They analyse the progress
made by individual countries in meeting the Copenhagen criteria
for membership, i.e. political and economic criteria, as well
as the capacity to assume the obligations of membership. The
political criteria require the stability of institutions guaranteeing
democracy, the rule of law, human rights and respect for and protection
of minorities. The economic criteria require a functioning market
economy able to cope with the competitive pressure and market
forces within the Union. The ability to assume the obligations
of membership is based on progress in transposing and implementing
the acquis (the body of EU law). The reports on formal
candidate countries detail progress on each of the accession negotiation
chapters; for the remaining countries, the reports cover a wide
range of issues in line with the political and economic reforms
required by their Stabilisation and Association Agreements (SAAs)
with the European Union (for all except Kosovo, which does not
have an SAA, but which is part of the Stabilisation and Association
Dialogue). This year, the Commission has also produced two related
Communications: one of which was a Feasibility Study for an SAA
between the European Union and Kosovo, which covers similar ground,
while also assessing Kosovo's readiness to negotiate an SAA.
24.3 For the Committee's consideration of these
documents, see the Report of our meeting of 24 October 2012.[91]
24.4 Following publication of this annual "Enlargement
Package", the General Affairs Council (GAC) agreed conclusions
on the reports on individual countries on 12 December 2012.[92]
These noted that the Council would return to the questions of
Macedonia and Serbia opening accession negotiations, and of Kosovo
opening negotiations on an SAA under the next Presidency, with
reports on these issues to be presented by the Commission and
the EU High Representative for Foreign Affairs and Security Policy/
Commission Vice President (HR/VP) in Spring 2013.
24.5 The reports on Macedonia and Serbia focus
on the areas in which the December GAC conclusions called for
further action. The Kosovo report analyses progress in addressing
issues set out in the December GAC conclusions concerning Kosovo's
readiness to negotiate an SAA.
24.6 The Minister for Europe (Mr David Lidington),
begins his Explanatory Memorandum of 1 May 2013 by reiterating
the Government's continuing commitment to supporting progress
towards the EU for all countries of the Western Balkans (along
with Turkey and Iceland) "once criteria have been met".
He then helpfully provides a brief summary of the reports on
each country and notes the Government's initial position (in italics
under each report summary).
MACEDONIA REPORT
"The report covers progress made under the High
Level Accession Dialogue (HLAD), and progress on Good Neighbourly
Relations (GNR), including steps taken on solving the name issue
with Greece. The report also takes into account the political
stalemate that occurred after the 2013 budget was passed in controversial
circumstances in Parliament, which resulted in the opposition
being ejected from the chamber, and subsequently boycotting Parliament
for two months. The report concludes that progress has been made
in multiple areas since October 2011, despite the two-month long
political crisis. It highlights the importance of the agreement
that ended the crisis being fully implemented. It also notes
that steps have been taken on improving relations with both Bulgaria
and Greece.
"Implementation of reforms in the context
of the High Level Accession Dialogue. As several key HLAD-related
laws, strategies and action plans were adopted in late 2012 strong
emphasis is being placed on implementation in 2013. Reforms continued,
despite the political crisis affecting the work of parliament,
with action now taken by the country in relation to almost all
of the targets. There has been particular progress on market
economy reforms, public administration, and the rule of law.
However implementation remains key, particularly on rule of law
issues.
"There are three areas which still require attention:
- "Freedom of Expression
and the Media. Amendments have been made to the Criminal
Code to decriminalise defamation. Progress has been made by the
Broadcasting Council to tackle conflict of interest and illegal
concentration of ownership in the media. But work on further
reforms was interrupted by events around the 24 December ejection
of the media and main opposition party from Parliament. This
damaged trust between the media and government, and to date effective
working relations have not been re-established. Problems remain
around self-censorship, limited objective reporting, and poor
labour rights for journalists. The local elections in March highlighted
the polarised and biased nature of news coverage;
- "Electoral reform. There has been
progress on amendments to the Electoral Code and adoption of legislation
on Party funding. A commitment was made in the 1 March deal ending
the political crisis to address some remaining areas of reform
(e.g. a full audit of the voters list), but this has not yet been
implemented. The preliminary OSCE/ODIHR report on the March local
elections concluded they were largely free, fair, and technically
well run. However, there were reports of voter intimidation,
and misuse of state funds was commonplace;
- "Inter-community dialogue. Dialogue
continued despite the political crisis, which was without inter-ethnic
elements. However there were some inter-ethnic incidents during
the reporting period. Authorities and community leaders took
rapid action to avoid escalation of violence. The Ohrid Framework
Agreement review (the framework for inter-ethnic relations following
the 2001 conflict) has recently been published, but implementation
and better coordination between relevant agencies is needed.
"Steps taken to promote good neighbourly
relations and to reach a negotiated and mutually accepted solution
to the name issue. Macedonia participates in regional and
bilateral initiatives. Both high level and working level meetings
between Macedonia and Bulgaria have taken place during the reporting
period. Steps have been taken to develop an 'Agreement on Good
Neighbourly Relations and Cooperation', which covers a range of
areas, currently pending signature.
"Formal talks under UN auspices to find a mutually
acceptable solution to the name issue with Greece gathered pace
during the reporting period. UN Envoy Nimetz visited the region
in early January and presented a firm proposal at a meeting of
negotiators on 8-9 April. Cooperation with Greece in other areas
(e.g. customs, police, military, trade) has continued and produced
substantive results.
"The Government welcomes this report. In
particular, we agree that further attention should be focused
on media freedom, as well as on public administration and electoral
reform. We welcome the steps Macedonia has taken on improving
Good Neighbourly Relations. We continue to agree with the Commission's
standing recommendation to open accession negotiations with Macedonia
(as put forward for the fourth time in October 2012).
SERBIA REPORT
"This joint report from the Commission and the
High Representative for Foreign Affairs and Security Policy gives
an account of progress made by Serbia since 11 December 2012 on
the Key Priority of improving relations with Kosovo, as well as
Serbia's wider progress in meeting the membership criteria. The
Commission considers that Serbia has met the Key Priority of taking
steps towards a visible and sustainable improvement in relations
with Kosovo. The Commission concludes that Serbia sufficiently
fulfils the political criteria and conditions of the Stabilisation
and Association Agreement and recommends that negotiations for
accession to the EU should be opened.
"Improvement in relations with Kosovo.
The report sets out further progress against the Key Priority
on Kosovo since the December GAC. The EU led Dialogue between
Serbia and Kosovo met a further seven times at political level
since 11 December.
"These meetings culminated in Kosovo and Serbia
initialling, on 19 April, a "First agreement of principals
[sic] governing the normalisation of relations". This agreement
covers various elements, particularly covering northern Kosovo,
including:
a. "The establishment of an Association/Community
of Serb Municipalities in Kosovo, functioning within the existing
legal framework of Kosovo;
b. "The affirmation is a single police force
in Kosovo and the integration of all police in northern Kosovo
to the Kosovo Police. A regional Police Commander is appointed
for the four Northern municipalities;
c. "The affirmation of the integration and
functioning of all judicial authorities within the Kosovo legal
framework. An Appellate Court in Pristina is established to deal
with all Kosovo Serb majority municipalities;
d. "The holding of municipal elections in
north Kosovo in 2013, facilitated by the OSCE;
e. "That neither side will block, or encourage
others to block, the other side's progress in their respective
EU paths.
"There has also been further progress on:
— "Integrated
Border Management. All six customs gates between Serbia and
Kosovo are now operational, the ID travel regime is working and
the agreement on custom stamps is being implemented;
— "Cooperation with EULEX (the
EU rule of law mission in Kosovo). Although this will need to
intensify;
— "Liaison arrangements. The
two sides will exchange liaison officers.
"Developments in implementations of reforms.
Further progress on EU reform includes: legislative changes on
rule of law; decriminalisation of defamation; preparation of 2013-18
strategies on judicial reform and the fight against
corruption. There have also been steps on protection of
minorities.
"Regional cooperation and bilateral relations.
The Serbian government has stepped up high-level contacts and
with neighbouring countries in effort to restore positive contribution
to regional relations, including with Croatia.
"The Government welcomes the agreement reached
between Serbia and Kosovo on 19 April. This demonstrates the
powerful influence that a conditions-based EU enlargement process
can bring to bear in improving neighbourly relations and promoting
regional security and stability.
"We recall the requirements which need to
be met by Serbia before opening accession negotiations, as set
out in the December 2012 GAC conclusions. These conclusions set
out the need for: irreversible progress on structures in northern
Kosovo ('parallel structures'); implementation of agreements already
reached in the EU-led Dialogue; further agreements on energy and
telecoms; and cooperation with EULEX. We therefore believe that
implementation of the 19 April agreement will be key for Serbia
to fulfil their Key Priority on Kosovo and fulfil the criteria
for opening accession negotiations. Implementation should include
concrete action towards dismantling of illegal parallel police/security
and judicial structures in northern Kosovo.
"We have not therefore taken a final position
on supporting opening of accession negotiations with Serbia in
June. We are hopeful that Serbia will seize the opportunity by
rapidly implementing the actions necessary. We will therefore
only take a final decision on support for opening accession negotiations
shortly before the June European Council. I will update the Committees
on further progress before a final decision on the issue is taken
in June.
Kosovo report
"In October 2012, the Commission issued a Feasibility
Study for a Stabilisation and Association Agreement (SAA) between
the European Union and Kosovo. The study concluded that Kosovo
is largely ready to open negotiations for a SAA, but that there
were four short-term priorities that needed to be met. The Commission
assesses that the four priorities have been met. The Commission
has submitted its proposal for a Council Decision authorising
the opening of negotiations on a Stabilisation and Association
Agreement. This document is classified as 'restreint' and so
will not be provided for scrutiny; however we will write to the
scrutiny committees once the draft proposal has been adopted in
Council, outlining the UK's position in the ensuing negotiations.
"Progress against the four priorities includes:
— "Rule
of Law. Kosovo's political leaders and law enforcement and
judicial authorities have maintained their commitment to the fight
against organised crime and corruption. Cooperation between Kosovo,
EULEX and the Special Investigative Task Force is good. Collaboration
of EULEX prosecutors and local prosecutors has intensified over
the reporting period. Kosovo has adopted new strategies and action
plans against organised crime, narcotics and terrorism. The anti-corruption
policy framework was completed on 11 February;
— "Public administration.
Kosovo has enacted secondary legislation of laws on the civil
service and on salaries for the civil service necessary for their
implementation. There has been further progress on the Ombudsperson;
— "Protection of minorities.
The Implementation Monitoring Council was established in February,
and has chaired several meetings already. The Council has five
members: representatives of the Serbian Orthodox Church, Ministry
of Environment and Spatial Planning, Ministry of Culture Youth
and Sport, OSCE and EU;
— "Trade. Kosovo has completed
the restructuring of the Ministry of Trade and Industry. The
Ministry of Trade and Industry has completed its first impact
analysis of trade aspects of a Stabilisation and Association Agreement,
although this document needs to continue evolving.
"Other issues. The Commission report
praises the outcome of the EU-led Dialogue between Kosovo and
Serbia, as outlined above. The report praises Kosovo's successes
in improving the rule of law beyond the short-term criteria listed
above. It notes that many high-level criminal cases have already
been brought to trial by the prosecution. The basic institutions
of the judiciary have started to perform their role, and new legislation
provides strong guarantees for the independence of the judiciary.
There is a new criminal code and criminal procedural code, which
contain provisions on the smuggling of migrants, trafficking in
human beings, the production and trafficking of drugs, organised
crime, corruption and arms trafficking. It also welcomes the
fact that a core institutional and legal framework is in place
to promote the rule of law in Kosovo. Kosovo's evolving 'European
perspective' is bolstered by its recent membership of the European
Bank for Reconstruction and Development (EBRD) in December 2012,
whilst the European Investment Bank is currently discussing a
framework agreement with the government of Kosovo.
"The Government agrees with the Commission's
conclusions and supports the negotiation of a Stabilisation and
Association Agreement (SAA) with Kosovo as the first step towards
future EU membership. Kosovo's leaders have worked hard to ensure
that the four short-term criteria were met in the period following
the December GAC conclusions. Of course, to ensure lasting change,
it is important that we continue to see concrete implementation
of the reforms required by such an agreement. We will also ensure
that the Commission's proposed Council decision recommending the
opening of SAA negotiations is examined carefully, as with all
third-country agreements. In line with the usual practice, I
will write to the scrutiny committees once the decision has been
adopted in Council."
Conclusion
24.7 The Minister refers to the "First
agreement of principles governing the normalisation of relations",
initialled in Brussels on 19 April by the Prime Ministers of Serbia
and Kosovo. Brokered (over no fewer than ten rounds of talks)
by the High Representative, it has been described by The Economist
as "nothing short of historic". However, as the President
of the European Council said on 19 April:
"Concrete results in the implementation are
critical; there are no shortcuts. The necessary criteria, that
will allow the European Union to launch accession negotiations
with Serbia and negotiations on a Stabilisation and Association
Agreement with Kosovo, must be fulfilled."[93]
24.8 Plainly, there is more to be done by
Serbia in particular. The Government's refusal to commit itself
on the key question, of whether or not to open accession negotiations,
until shortly before the June European Council is understandable
from a negotiating perspective. But an undertaking to update
the Committee at a point by which any further questions might
arise is not conducive to proper prior Parliamentary scrutiny:
the decision to open accession negotiations is a major step,
after which there is effectively no going back. We should therefore
be grateful if the Minister would explain the mechanism by which
the Council will arrive at a conclusion; and, if by a Council
Decision, when it is likely to be submitted for scrutiny.
24.9 We also note that the Minister proposes
not to deposit the Council Decision regarding opening negotiations
on an SAA with Kosovo because it is "restreint",
but will ensure that the Commission's proposed Council decision
will be "examined carefully, as with all third-country agreements",
and will write once the Decision has been adopted in Council.
When he does so, we should be grateful if he would explain what
elements of this Council Decision genuinely needed to be kept
out of the public domain.
24.10 In the meantime, we now clear these
documents.
91 See headnote: (34324) 14860/12, (34325) 14861/12
and (34328) 14864/12: HC 86-xvi (2012-13), chapter 6 (24 October
2012) and (34320) 14854/12: HC 86-xvii (2012-13), chapter 1 (24
October 2012). Back
92
See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/134234.pdf
for the text of the Council Conclusions. Back
93
See http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/136877.pdf
for the full text. Back
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