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Accession of Serbia to the European Union

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Accession of Serbia to the European Union
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Accession of Serbia to the European Union depends on several factors. While both the Serbian government and the European Union agree that Serbia could eventually become a member of the EU, the need for internal reform both within Serbia and the EU means that Serbia will not join EU before 2015, and perhaps not before 2020.

Serbia is currently not recognised as a candidate country, but only as "potential candidate country".[1]

On 7 November 2007, Serbia initialed a Stabilisation and Association Agreement (SAA) with the European Union, i.e. agreed on the final version of the text to which no or little changes are to be made, which is the step immediately preceding the official signing that was expected to take place in 2008. This was a milestone in Serbia's accession negotiations, and was executed following the advice of chief war crimes prosecutor Carla Del Ponte which advised the EU that the country was complying adequately with the tribunal, though that Ratko Mladić must be in The Hague prior to any official signing being able to take place.[2]

Signing of the Stabilization and Association Agreement was opposed by the Governments of the Netherlands, and Belgium while the Government of Spain lobbied on behalf of Serbia.[3]

Deputy Prime Minister, Božidar Đelić signed the Stabilization and Association Agreement on 29 April 2008.[4] Vojislav Koštunica, Serbian Prime Minister at the time, said on 1 May that Russian Foreign Minister Sergei Lavrov was right when he said that the SAA should have been signed. But one day later, on 2 May 2008, he vowed to annul the agreement after the election, calling it "a trick", "Solana's agreement" and "the Tadić-Đelić SAA signature".[5][6] After the Serbian parliamentary election, 2008, a new parliamentary majority and government was formed, and the SAA opposition was left without political power. A new Serbian Prime Minister, Mirko Cvetkovic announced “One of the first moves of the new government will be to submit the Stabilization and Association Agreement with the European Union to the parliament for ratification” [7]

Serbian government stance

The government of Serbia wants to prepare the country for EU accession between 2012 and 2015.[8] However, it seems much more likely that it would happen around 2015 due to many domestic problems and extensive reforms that should be implemented. The Serbian government has declared that the status of the Kosovo region should not be tied with the EU negotiations.

Polls have shown support for accession among Serbians was 67% in May 2008, dropping to 61% in January 2009.[9]

European Union stance

The European Union (EU) notes that the only [10][11][12][13] pre-condition and obstacle for Serbia's access to the EU is Serbia's cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY),[14] and the object of that obstacle and condition is the extradition of indicted Ratko Mladić and Goran Hadžić for crimes against humanity, the last two persons sought by the ICTY.

A strong opponent of Serbia's signing and ratification of the SAA is the Netherlands, which stated that it will not put the SAA in force until Ratko Mladic is in ICTY custody. On Sept 15, 2008, the Netherlands froze the trade-related part of the SAA with Serbia[15][16].

Currently, Serbia and the EU are at odds over implementation of the EU's EULEX mission to Kosovo. The EU wants to implement its mission in Kosovo according to Martti Ahtisaari’s Kosovo status proposal, but Serbia wants EULEX to be first approved by the UN Security Council in accordance with United Nations Security Council Resolution 1244.[17][18]

The current institutional crisis in the EU could be another delaying factor.[19][20]

Principles, priorities and conditions contained in the European Partnership with Serbia, including the status of Kosovo, are defined by 2008/213/EC: Council Decision of 18 February 2008.[21]

Negotiations

The European Union has been considering enlargement in the Balkans since at least the late 1990s.[14] The negotiations became serious after Serbia began the reform process after the fall of the Milošević regime in 2000, back then as part of the state union of Serbia and Montenegro[22] when the EU officially declared that the Balkan states are potential candidates for membership, confirmed in 2003.[14]

Negotiations on a Stabilisation and Association Agreement started in November 2005.[14]

On 3 May 2006, the European Union suspended SAA talks with Serbia over its failure to arrest Ratko Mladić, stating that Serbia failed to fulfill its commitment to fully co-operate with International Criminal Tribunal for the former Yugoslavia.[14]. This slowed the pace of Serbia's EU entry and the reform process in Serbia. In July 2006, an action plan for the arrest of Ratko Mladić was issued by the government, aimed to locate and bring the former general to justice, which is expected to improve relations with EU. In May 2007, Serbian parties reached an agreement on a new government, and placed President Boris Tadić as head of the newly created National Security Council. Within weeks of the Council's establishment, Serbian officials made two key arrests of indicted war criminals. As a result, on 13 June 2007, the European Union decided to reopen negotiations. On 21 July 2008, Radovan Karadžić was arrested.

On November 8, 2007, Serbian Deputy Prime Minister Bozidar Djelic and the European Union Commissioner for Enlargement Olli Rehn initialed in Brussels the Stabilisation and Association Agreement between Serbia and the European Union.[23]

Olli Rehn said that the EU decision to initial the Stabilisation and Association Agreement with Serbia was the result of improved cooperation with the ICTY, as reported by the chief prosecutor of this Tribunal, Carla Del Ponte.

Rehn underlined that full cooperation of Belgrade with the ICTY remains a precondition for signing of the Stabilisation and Association Agreement, which was initialed two years after the launching of the first negotiation round. On 16 January 2008 the Netherlands and Belgium confirmed that their countries would not sign the SAA (signatures are needed from all EU member states) until Serbia complied fully with the ICTY.[24] On 14 January ICTY prosecutor Serge Brammertz confirmed that there was no change and Serbia was still not fully cooperating.[25]

Following this agreement, the EU plans to grant candidate status to Serbia as early as 2009, contingent on its full cooperation with the Hague tribunal.[26][27]

Stabilization and Association Agreement

Kosovo's provisional government unilaterally declared independence from Serbia, on 17 February 2008. This was followed by several EU countries recognizing Kosovo as independent country. These events heavily influenced Serbian political landscape. The central topic on which the coalition partners diverged was Serbia's EU accession.

On 4 April 2008, Serbian Prime Minister Vojislav Koštunica, supported by Velimir Ilić, Minister of Infrastructure, stated that EU membership is no longer on agenda for Serbia. Koštunica said that before EU accession continuation Serbia and EU must discuss the matter of borders and Serbia’s territorial integrity.[28] He said that Serbia must not by no means sign the Stabilisation and Association Agreement. He referred to the agreement as "Solana's agreement".[29][30][31]

At the same time President Boris Tadić said that the Vienna Convention allows him to sign the agreement and that he will sign it if it is offered.[32] Božidar Đelić, Deputy Prime Minister, has been previously authorized by the Government to sign the agreement and is still willing to do so.[33]

Deputy Prime Minister, Božidar Đelić signed the Stabilization and Association Agreement on 29 April 2008. The ceremony in Luxembourg was attended by the President Boris Tadić and the Foreign minister Vuk Jeremić.[4]

On 1 May Koštunica said that Russian Foreign Minister Sergei Lavrov was right when he said that the SAA should have been signed but one day later on 2 May 2008 he vowed to annul the agreement after the election, calling it "a trick", "Solana's agreement" and "the Tadić-Đelić SAA signature".[5][6]

After the Serbian parliamentary election, 2008, a new parliamentary majority and government was formed, and the SAA opposition was left without a political power. A new Serbian Prime Minister, Mirko Cvetkovic announced “One of the first moves of the new government will be to submit the Stabilization and Association Agreement with the European Union to the parliament for ratification” [7]. On September 9 2008, a Parliament of Serbia have ratified the Stabilization and Association Agreement (SAA) with the EU. The European Commission (EC) welcomes the ratification of the Stabilization and Association Agreement (SAA) by the Serbian parliament[34].

On Sept 15. 2008. The Netherlands froze the trade related part of a pre-accession deal (SAA) with Serbia [15]

On Oct 16. 2008 Serbian government unilaterally decided to begin with implementation of trade part of Interim Trade agreement with EU starting Jan 01. 2009. [35][36]

Key events in Serbia accession to EU

Key events in Serbia accession to EU according to official European Commission page for Serbia accession into EU: [37]

2009-Dec-19 Visa free regime for Serbia is put into force

2009-nov-30 European commission decides to put Serbia on White Schengen list 2009-Jan-01-Serbia implements Interim Trade agreement with the EU.[35][36]
2008-Oct-16: Serbian government unilaterally decided to begin with implementation of trade part of Interim Trade agreement with EU starting Jan 01. 2009.[35][36]
2008-Sep-15: Netherlands freezes SAA and trade part of SAA.[35]
2008-Sep-09: SAA and IA ratified by National Assembly of Serbia
2008-July-18: Arrest of war crime indictee Radovan Karadzic [38]
2008-May-07: Commissioner Barrot hands over the Road map on Visa liberalisation, set up with the aim of achieving a visa free regime for Serbian citizens wishing to travel to Schengen countries. [39]
2008-Apr-29: The signature of the SAA and of the Interim Agreement with Serbia is signed in Luxembourg. [40]
2008-Feb-17: assembly of Kosovo declares independence. [41]
2008-Jan-01: Entry into force of the Visa Facilitation and Readmission Agreement between Serbia and the EU. [42]
2007-Nov-01: The SAA with Serbia is initialed.[43]
2007-June-13: SAA negotiations with Serbia resumed, following a clear commitment by the country to achieve full cooperation with the ICTY.[44]
2006 Oct: a new Constitution is adopted by the Parliament and confirmed by referendum.[45]
2006 Jun: Following the declaration of independence of Montenegro, Serbia becomes the legal successor to the State Union.[46]
2006 Jun 15: the Government of Serbia officially recognised Montenegro as an independent state.[47]
2006-May-21: Montenegro declares independence.[48]
2006 3 May: SAA negotiations called off due to lack of progress on co-operation with the ICTY. [49]
2005 Oct: Launching the negotiations for a Stabilisation and Association Agreement.[50]
2004 Oct: Council conclusions open up a process for a Stabilisation and Association Agreement.
2004 Jun: Council decision on the European Partnership for Serbia and Montenegro, updated in January 2006. [51]
2003 Jul: EU Enhanced Permanent Dialogue with Serbia and Montenegro replaced the format of the Consultative Task Force
2003 Jun: at Thessaloniki Summit, the SAP is confirmed as the EU policy for the Western Balkans. The EU perspective for these countries is confirmed.
2002 Mar: signature of the Belgrade Agreement on a State Union of Serbia and Montenegro.
2001 Jul : start of the EU-FRY Consultative Task Force.
2001: First year of the new CARDS programme specifically designed for the SAP countries.
2001 Jun: Feira European Council states that all the SAP countries are “potential candidates” for EU membership.
2000 Nov: Serbia to benefit from Autonomous Trade Preferences from the EU.
2000 Oct: fall of the Milosevic regime.[52]
1999: The EU proposes the new Stabilisation and Association Process (SAP) for five countries of South-Eastern Europe, including Serbia.
1997: Regional Approach. The EU Council of Ministers establishes political and economic conditionality for the development of bilateral relations.

References

  1. ^ Candidate and Potential Candidate countries, European Commission web site
  2. ^ Serbia, EU initial SAA (SETimes.com)
  3. ^ Spain to lobby for SAA signing
  4. ^ a b Srbija potpisala SSP sa EU
  5. ^ a b Koštunica agrees with Lavrov: SAA long overdue
  6. ^ a b "EU deal signature will be annulled"
  7. ^ a b Parliament elects new government
  8. ^ Serbia Prime minister Djelic on Serbia expectaions of time of EU accession
  9. ^ Majority of Serbs back EU bid, but enthusiasm loses steam: poll, EUBusiness, 2009-01-22
  10. ^ EU Refuses to Open Trade Deal with Serbia
  11. ^ Official stance of the Netherlands on the issue of Serbia's condition for EU accession
  12. ^ Explanation of the Dutch delay of Serbia's EU accession
  13. ^ http://www.ambbeograd.um.dk/da/menu/Eksportraadgivning/Markedsmuligheder/SidsteNyt/EUAndSerbiaResumesTalkOnSAA.htm
  14. ^ a b c d e on Serbia - Key events at ec.europe.eu. Retrieved on 20 September 2007.
  15. ^ a b The Netherland's froze the trade related part of a pre-accession deal with Serbia
  16. ^ Dutch block EU accord on Serbia trade benefits
  17. ^ EULEX and Serbia EU accession not connected
  18. ^ EULEX and Serbia EU accession not connected(2)
  19. ^ Enlargement will not fall victim to Lisbon Treaty, says Commission
  20. ^ Sarkozy: No enlargement without Lisbon but...
  21. ^ Principles, priorities and conditions contained in the European Partnership with Serbia including Kosovo, 2008/213/EC: Council Decision of 18 February 2008
  22. ^ This state union was dissolved in 2006
  23. ^ The EU Integration Office > Latest News
  24. ^ Netherlands stands firm in opposing deal for Serbia
  25. ^ No change in Serbia cooperation view-new prosecutor
  26. ^ Serbia an EU candidate as early as 2009, ICTY cooperation needed first
  27. ^ Serbia offered possible EU candidate status early as 2009
  28. ^ Koštunica: EU membership not on agenda
  29. ^ Koštunica: Nikako ne potpisati SSP
  30. ^ "Serb President 'should resign' over EU deal". Balkan Insight.
  31. ^ "SAA not in Serbia's state interests"
  32. ^ Tadić to sign SAA, if offered
  33. ^ Tadić: I’ll sign SAA on April 28
  34. ^ Parliament ratifies SAA
  35. ^ a b c d Serbia begins implementation of trade part of ITA with EU
  36. ^ a b c Serbia's ITA implementation
  37. ^ Cite error: The named reference Serbia_-_Key_events was invoked but never defined (see the help page).
  38. ^ http://www.timesonline.co.uk/tol/news/world/europe/article4375437.ece
  39. ^ http://www.monstersandcritics.com/news/europe/news/article_1404017.php/Serbia_received_road_map_for_visa_regime_liberalization_with_the_EU
  40. ^ http://rss.xinhuanet.com/newsc/english/2008-04/29/content_8076456.htm
  41. ^ http://www.assembly-kosova.org/?krye=news&newsid=1635&lang=en
  42. ^ http://www.ambbeograd.um.dk/en/menu/ConsularServices/Visas/VisaFacilitationAgreementBetweenSerbiaAndTheEU/ Entry into force of the Visa Facilitation and Readmission Agreement
  43. ^ The SAA with Serbia is initialed
  44. ^ SAA resumed
  45. ^ new Constitution
  46. ^ http://www.mfa.gov.rs/Bilteni/Engleski/b060606_e.html#N1
  47. ^ http://www.gov.me/eng/vijesti.php?akcija=vijesti&id=14078
  48. ^ http://news.bbc.co.uk/2/hi/europe/5043462.stm
  49. ^ http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/newsbriefs/2006/05/03/nb-01
  50. ^ http://www.mfa.gov.rs/Bilteni/Engleski/b111005_e.html#N1
  51. ^ http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:035:0032:0056:EN:PDF
  52. ^ 5th October Overthrow
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