Council of the EU: European Commission to include Serbia's obligations from Ohrid in Chapter 35

"The Council calls on Serbia and Kosovo to fully respect and apply those agreements, without further delay and preconditions, which includes the establishment of the Association/Community of Municipalities with a Serbian Majority (ZSO)"

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Illustration, Photo: Shutterstock
Illustration, Photo: Shutterstock
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Council of Ministers of the European Union (EU) requires the European Commission (EC) and the head of European diplomacy, Josep Borelj, to urgently, before the end of January 2024, propose to the Council amendments to the criteria for Chapter 35 in the accession negotiations with Serbia, in order to include included obligations arising from the Agreement on the path to normalization between Kosovo and Serbia and its Implementation Annex, it is stated in the conclusions adopted yesterday.

In the conclusions it adopted today, the EU Council of Ministers welcomes the Agreement on the Road to Normalization between Kosovo and Serbia, reached on February 27 in Brussels, and its Implementation Annex, agreed on March 18 in Ohrid, and regrets the lack of their implementation by both sides. as well as other unfulfilled obligations from the EU-mediated dialogue.

"The Council calls on Serbia and Kosovo to fully respect and apply those agreements, without further delay and preconditions, which includes the establishment of the Association/Community of Municipalities with a Serbian Majority (ZSO). The Council welcomes the readiness of Serbia and Kosovo to accept the draft statute of the ZSO that it presented to the parties EU, with the understanding that it is necessary to continue working on that basis", it is stated.

It is added that the normalization of relations and the implementation of obligations from the dialogue are essential conditions on the European path for both Serbia and Kosovo, which risk missing important opportunities if there is no progress.

"The Council reminds that Serbia's progress in the rule of law and the normalization of relations with Kosovo will continue to determine the overall pace of the accession negotiations," it is stated in the conclusions, which also reiterate concerns about the situation in the media and the attitude towards war crimes in Serbia.

The conclusions state that the Council expects Serbia and Kosovo to find a sustainable solution to the situation in the north of Kosovo, which guarantees safety, security and participatory democracy for all citizens.

Serbia is expected to engage with good intentions in the dialogue led by the EU and in the spirit of compromise to reach a comprehensive legally binding agreement with Kosovo on the normalization of relations, in accordance with international law and the acquis of the EU without further delay.

That agreement should deal with all key open issues and thus contribute to regional stability, it added.

The text emphasizes that there is no justification for violence and strongly condemns "the violent acts of Kosovo Serb demonstrators against citizens, KFOR soldiers, law enforcement authorities and the media on May 29, 2023, as well as the violent attack on the Kosovo Police on September 24 2023 in the north of Kosovo".

The Council expects Serbia to fully cooperate and take all necessary measures to arrest and quickly bring to justice the perpetrators of the attack, and expresses its regret that Serbia has not taken sufficient measures in this regard, as well as its concern over the repeated buildup of Serbian military forces near Kosovo, noting that their number subsequently reduced.

Serbia and Kosovo must continue their ongoing efforts for de-escalation, refrain from unilateral and provocative actions that could lead to tensions and violence, and stop divisive rhetoric, it said, adding that the Council welcomes the fact that Serbia has taken some steps in the right direction, including public encouragement of Kosovo Serbs to participate in local elections in the north of Kosovo.

Serbia is also asked to encourage Kosovo Serbs to return to the institutions they left.

The warning is repeated that any failure to de-escalate tensions will have consequences and that the EU is ready to evaluate "further measures towards both Serbia and Kosovo, if necessary".

The Council reiterates its strong expectations from Serbia to step up its efforts towards full alignment with the common external and security positions of the EU and restrictive measures, including those towards Russia and Belarus, as a matter of highest priority.

It calls on the Serbian authorities to refrain from actions and statements against EU positions on foreign policy and other strategic issues.

The Council takes into account the humanitarian and other aid to Ukraine, welcomes Serbia's enhanced cooperation with the EU in preventing the circumvention of EU restrictive measures, and welcomes Serbia's continued active participation in EU missions and operations within the EU's Common Security and Defense Policy (CSDP).

The need for Serbia to fully fulfill its obligation to comply with the EU visa policy is emphasized again.

The Council welcomes the fact that Serbia has maintained its commitment to a series of regional cooperation initiatives and encourages Serbia to further strengthen good neighborly relations and contribute to stability and reconciliation with all partners in the region.

The conclusions call on Serbia to continue to focus on meeting the interim benchmarks in Chapters 23 and 24, which relate to the rule of law.

The timely adoption of five laws implementing the 2022 constitutional amendments is welcomed, but further work and political commitment are needed to implement reforms in core areas, including the judiciary.

The need for Serbia to step up its efforts in the fight against corruption and organized crime, as well as the necessity of tangible and convincing results regarding effective investigations, criminal prosecutions, final judgments, freezing and confiscation of assets acquired through crime, is underlined.

In the conclusions, the concern about the situation in the media and the attitude towards war crimes in Serbia is repeated. Belgrade is invited to step up its efforts to effectively implement the action plan of the media strategy. It also underlines the importance of significant regional cooperation in the domestic resolution of war crimes issues, the resolution of remaining cases of missing persons and full cooperation with the International Residual Mechanism for Criminal Courts.

The Council reiterates its call to the Serbian authorities to communicate objectively and unambiguously about the EU, and to actively engage in the prevention and suppression of all forms of misinformation and foreign manipulation of information in all media channels.

In order to improve the conditions for the proper functioning of democratic institutions, the Council strongly encourages Serbia to address the long-standing recommendations of the OSCE/ODIHR and the Council of Europe, including those related to key aspects of the electoral process.

The conclusions accept the assessment of the European Commission that Serbia maintains the level of preparedness for the initial benchmarks in Cluster 3 (Competitiveness and inclusive growth) and adds that it will continue its assessment. Serbia's good level of preparedness in terms of economic criteria is welcomed.

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