European Parliament

2014-2019

Delegation to the EU- Stabilisation and Association Parliamentary Committee

DRAFT MINUTES of the 4th meeting of the EU-KOSOVO STABILISATION AND ASSOCIATION PARLIAMENTARY COMMITTEE Strasbourg, 17-18 January 2018

The meeting began on 17 January, at 15:00 with the opening remarks by Mr PICULA, Chairman of the EP's Delegation for relations with Bosnia and Herzegovina and Kosovo. Mr PICULA welcomed distinguished guests Mr , First Deputy Prime minister and Foreign Minister of the Republic of Kosovo on behalf of , Mr David CULLEN, Head of Unit for the former Yugoslav Republic of Macedonia and Kosovo, DG NEAR, on behalf of the European Commission and Mr Eduard AUER, Head of Division 'Western ' on behalf of the European External Action Service.

In his opening speech, Mr PICULA noted the year of 2018 as being a year of chances for the Western Balkans. Mr PICULA mentioned the parliamentary elections and local and welcomed the new co-chair of the delegation, Mr Memli KRASNIQI, and the other new members of the delegation. Mr PICULA expressed concern regarding recent events in Kosovo and specifically mentioned the attempt to repeal the law on Specialist Chambers. Repealing or amending the law would adversely affect Kosovo-EU relations and be an obstacle to reconciliation in Kosovo. Mr PICULA expressed shock and condemnation of the murder of Mr Oliver IVANOVIĆ and extended condolences to his family. He hoped that the event will not be instrumentalised and that all Kosovo politicians will assume their responsibility for calming tensions. Lastly Mr PICULA expressed hope that 2018 will bring tangible progress on several long-standing issues.

In his opening speech, Mr KRASNIQI remarked that he hoped that the year 2018 will be a year of real chances. Mr KRASNIQI stated that there are a lot of work and progress needed for Kosovo but that he hoped for the necessary support from partners and friends.

1. Adoption of the draft agenda

The agenda was adopted without changes, as in the draft document.

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2. Adoption of the draft minutes of the 3rd EU-Kosovo SAPC meeting

The minutes were adopted without amendments, as in the draft document.

3. State of play of EU-Kosovo relations: exchange of views with representatives of the High Representative of the Union for Foreign Affairs and Security Policy, the European Commission and the Government of Kosovo

Mr PACOLLI, First Deputy Prime minister and Foreign Minister of the Republic of Kosovo on behalf of Government of Kosovo, briefly summarised the foreign affairs events of Kosovo for 2017. Here it was mentioned that Kosovo is now recognised by 115 countries in the world. Mr PACOLLI expressed hope that Kosovo will soon join Interpol. Mr PACOLLI emphasised that Kosovo is aligning its foreign policy with the EU’s Common Foreign and Security policy as required by the stabilisation and association agreement (SAA). Mr PACOLLI mentioned that following the entry into force of the SAA, Kosovo has adopted the National Programme for the Implementation of the SAA that facilitates implementation of the SAA. Mr PACOLLI stated that the government is focused on implementing the European Reform Agenda. He emphasised that Kosovo is working on improving its ranking in the World Bank business assessment. Mr PACOLLI mentioned that Kosovo is preparing to have access to four additional EU programs in 2018. Mr PACOLLI expressed that Kosovo is delighted with the EU’s focus on enlargement and expressed hope for the accession of the Western Balkans. Mr PACOLLI mentioned that the enhancement of key cooperation on EU rule of law is a focus for Kosovo. Visa liberalisation was stated as one of the most urgent issues for Kosovo’s government and citizens. Mr PACOLLI stated that Kosovo has shown full commitment to regional cooperation.

Mr CULLEN, Head of Unit for the Former Yugoslav Republic of Macedonia and Kosovo, DG NEAR, on behalf of the European Commission, strongly condemned the murder of Mr Oliver IVANOVIĆ and on behalf of the Commission extended condolences. Mr CULLEN emphasised that any attempt to repeal or amend the mandate of the Specialist Chambers seriously undermines the Commission’s trust in Kosovo's commitment to strengthen the rule of law and could jeopardise the joint work over the past years. Mr CULLEN therefore asked the signatories of the motion for the abrogation to consider withdrawing the motion. He stated that the EU’s focus will be on the Western Balkan's reforms and commitment to the rule of law, fundamental rights, and regional integration. Mr CULLEN expressed hope that the Kosovo parliament re- emerges as a forum for constructive political dialogue and focus on EU-related reforms with emphasis on the fight against corruption, public administration, the economy and competitiveness. Mr CULLEN expressed concern with regard to some decisions which risk undermining Kosovo's fiscal sustainability. Mr Cullen expressed regret that the implementation of the Economic Reform Programme (ERP) has been rather limited so far and hoped that the next ERP can show that clear progress is been made in implementing these reforms. Mr CULLEN mentioned that the energy sector continues to face serious problems. No progress has been made on decommissioning the 'Kosovo A' thermal power plant or refurbishing 'Kosovo B' and very little progress was made on renewable energy and on energy efficiency. Mr CULLEN mentioned the visa liberalisation process and remarked that it is in the hands of Kosovo: the ratification of theborder demarcation agreement with Montenegro in the Assembly, one of the outstanding benchmarks of the process, is key. Mr CULLEN stated that the Assembly of Kosovo’s effective oversight of the executive and the transparency and quality of law- making need to be enhanced, and the use of urgent procedures limited. Mr CULLEN urged both the ruling coalition and the opposition to intensify parliamentary work and seek consensus on

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EU-related reform priorities. He stated that Kosovo can rely on the EU Commission assistance in all these regards.

Mr AUER, Head of Division 'Western Balkans' on behalf of the European External Action Service, called for a swift investigation into the murder of Mr Oliver IVANOVIĆ. Mr AUER stated that there is a lot of goodwill in the EU institutions towards the Western Balkan states. Mr AUER mentioned the attempt to repeal the law on Specialist Chambers and urged all members of the Kosovo parliament to sign a petition to redraw the initiative to repeal the law. He emphasised that a redraw of the law on Specialist Chambers would isolate Kosovo on international stage. Mr AUER commented on the dialogue between Kosovo and and noted the progress taking place. Mr AUER mentioned the visa liberalisation and emphasised that the EU institutions would like to move ahead on the issue but that the lack of an agreement on the border issue with Montenegro was standing in the way.

Mr SOLTES, EP rapporteur for Kosovo, strongly condemned the murder of Mr Oliver IVANOVIĆ and called for a swift investigation. Mr SOLTES noted that while there has been progress in Kosovo there is still a large room for improvements. Mr SOLTES mentioned the attempt to repeal the law on Specialist Chambers and urged the Kosovo parliament to redraw the initiative. He emphasised that the initiative would damage the Kosovo internally and its relationship with the EU and the rest of the world. Mr SOLTES mentioned the visa liberalisation and underlined that the border issue with Montenegro stands against moving towards visa liberalisation. Mr SOLTES urged Kosovo to continue the dialogue with Serbia and noted the progress so far. Mr SOLTES mentioned the environmental challenges as an issue for Kosovo. He also emphasised that Kosovo needs to do more on the issue of gender equality. Mr SOLTES expressed belief that Kosovo is on its way towards a positive path towards the EU. He stressed that the path towards the EU was in the hands of Kosovo.

Ms OSMANI-SADRIU, MP, mentioned the attempt to repeal the law on Specialist Chambers and stressed that initiative would be an attack on the rule of law in Kosovo. She underlined that the initiative did not have the support of the majority of the population of Kosovo. Ms OSMANI-SADRIU asked the EU to help explain the negative consequences of the initiative to the people of Kosovo. Ms OSMANI-SADRIU mentioned the relations with Montenegro and expressed doubts as to the agreement over border issues as the government coalition of Kosovo seemed unwilling to support it.

Mr YMERI, MP and vice-Chairman of the committee, mentioned the initiative to repeal the law on Specialist Chambers. He said that the Specialist Chambers are an infringement to the sovereignty of Kosovo and that the Specialist Chambers might draw a wrong picture of the history of Kosovo. Mr YMERI stated that the most important thing for Kosovo is to have an open and democratic public debate on what kind of society the people of Kosovo wants. Mr YMERI stated that the border agreement with Montenegro has failed due to failures of the government and the ministers that signed it and that the link to visa liberalisation has made it difficult to deal with. Mr YMERI stated that the relationship with Montenegro is very important and that finding a peaceful solution is of the utmost importance. Mr YMERI emphasised the importance of the criteria to be applied to Kosovo in an objective and universal framework rather on an ad-hoc, situational framework.

Mr KRASNIQI noted the international critic in concern of the initiative on the Specialist Chambers and believe that the Specialist Chambers will continue in Kosovo. Mr KRASNIQI emphasised that the border issue has to be resolved and that Kosovo has to sign the demarcation

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agreement in order to move on. Mr KRASNIQI stated that the EU is the target of Kosovo and expressed thanks to Kosovo partners in Europe.

4. Conduct of recent elections and recommendations to follow

Mr PETERLE gave an overview of the recent parliamentary and local elections in Kosovo. He emphasised that the elections have seen great improvements in general. Mr PETERLE highlighted the problems with intimidation of the non-Srbska lista candidates in the Serbian- dominated parts of the country, problems with voters' registers and when voting from abroad. Mr PETERLE mentioned that the media coverage was in general fair and balanced but that there was an issue of not including media debates with . He urged the Kosovo side to implement the EOM recommendations without delay.

Mr REÇICA added to the overview of the recent parliamentary and local elections in Kosovo. Mr REÇICA highlighted the elections as having been conducted well as an example to the region, however he also stressed that work needs to be done to address the recommendations in order to improve elections process. The issue of lack of transparency on financing of political parties was mentioned and discussed. Persisting group voting/family voting was mentioned in the debates and highlighted as a problem by both MEPs and MPs. Problems with thousands of deceased persons remaining on the voting lists was mentioned. The access for people with disabilities for polling stations was mentioned as something that Kosovo could improve. The following members took part in the debate: Mr Alojz PETERLE (MEP), Mr Jozo RADOŠ (MEP), Ms Julie WARD (MEP), Mr Elmi REÇICA (Kosovo MP), Ms Albulena HAXHIU (Kosovo MP)

5. Dialogue between Kosovo and Serbia

Ms SUICA, vice-Chair of the committee opened the agenda point by addressing the walk-out of the Serbian delegation from the dialogue meeting in .

The debate on dialogue between Kosovo and Serbia focused on the problems of northern Kosovo and the lack of implementation of the agreements. The dialogue’s contribution to stabilisation was highlighted. Kosovo MPs emphasised that the North of Mitrovica is ruled by paramilitary gangs supported by Serbia and the high insecurity in the region is due to Serbia's non-implementation of the agreements which came from the Kosovo/Serbia dialogue so far. Some MPs stated that instead of holding a dialogue with Belgrade, there should be intra-Kosovo dialogue with the Serbian community, so they could shape their future freely and not under the patronage of Belgrade. They noted that there is no definition of 'normalisation' – each side interprets it in their own way which is not helpful. Kosovo MPs expressed the wish for more transparency in the dialogue. MEPs focused on the importance of good regional cooperation as part of the accession towards the EU. It was stated that the coming elections in Serbia are likely to make the dialogue process more difficult.

The following members took part in the debate: Ms Dubravka SUICA (MEP), Mr Jasenko SELIMOVIC (MEP), Ms Julie WARD (MEP), Mr Memli KRASNIQI (Kosovo MP), Ms SADRIU (Kosovo MP), Mr Visar YMERI (Kosovo MP).

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6. War crimes and a way towards reconciliation

Members debated the issue of Specialist Chambers and the situation of victims of sexual violence during the . MEPs stressed that the Specialist Chambers are an important institution for reconciliation. They emphasised that there has to be established a common discourse on the matter of war crimes. Some Kosovo MPs stated that there has been a joint failure in dealing with the war crimes because of obstructive behaviour of political figures. Members agreed that justice has be delivered and that reconciliation needs to be worked towards. The lack of reparation towards victims of war crimes was discussed and MEPs underlined that more needs to be done in recognising victims of sexual violence. MEPs stressed that reconciliation is fundamental for the Western Balkans and is a part towards accession to the EU.

The following members took part in the debate: Ms Jasenko SELIMOVIC (MEP), Ms Julie WARD (MEP), Ms Jean-Paul DENANOT (MEP), Ms Selvije HALIMI (Kosovo MP), Mr Bilall SHERIFI (Kosovo MP), Mr Arben GASHI (Kosovo MP).

7. Developments in economy, including functioning of the SAA Mr HODZA gave an overview of the economic development in Kosovo. Economic stability has been maintained and foreign investment has been attracted. The economic program has be done in partnership with other EU institutions and partners. 4.1% growth is expected for 2017 and 4.3% for 2018-2019. Trade deficit is increasing and will be a challenge for Kosovo as there is no plan to deal with it. A strategy for managing public finance has recently been adopted. The implementation of the plan for the fight against corruption and the fight against terrorism will take place in 2018. Access to credit has been improved for individuals and companies. A large scale reform on the property right has been implemented and progress has taken place.

Members agreed that the trade deficit is a problem for Kosovo and its economic development. Kosovo MPs suggested that access to capital is a big part of the problem as well as market access. Energy supply was raised as an issue and the creation of a new power plant was not seen as the solution as it would increase the price of energy and therefore lead to a worsening of the competitiveness of Kosovo. Unemployment was also discussed as a major problem for Kosovo.

The following members took part in the debate: Mr Lucas MANDL (MEP), Mr Jozo RADOS (MEP), Ms Julie WARD (MEP), Mr Adem HODZA (Kosovo MP), Visar YMERI (Kosovo MP)

8. Rule of law, with focus on fight against organised crime

Members debated the progress in high-profile corruption cases. MEPs reminded members that no one is above the law and that rule of law needs to be respected. Organised crime continues to be a problem. Members discussed the issue of high official being appointed while being accused of corruption. The issue of the Specialist Chambers was mentioned and once again MEPS emphasised the damage to EU-Kosovo relations and to Kosovo’s international recognition that it could have. MPs from Kosovo stated that they understand that fight against corruption and organised crime is a major part of keeping good relations with the EU and a step

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towards accession. They emphasised that Kosovo’s institutions has the fight against organised crime as a major focus. There are now special attention given to reforms of the civil service and public administration. Some Kosovo MPs stated that the government of Kosovo has not provided the proper resources for the institutions in order to deal with corruption and that deeper reforms are needed for law enforcement. The case of the assassination of Kosovo Serbian politician Oliver Ivanovic in Northern Mitrovica was mentioned.

The following members took part in the debate: Mr Lars ADAKTUSSON (MEP), Mr Lucas MANDL (MEP), Ms Tanja FAJON (MEP), Ms Time KDRIJAJ (Kosovo MP), Mr Armend ZEMAJ (Kosovo MP), Ms Albulena HAXHIU (Kosovo MP).

9. Protection of fundamental rights and freedoms, with focus on domestic violence and situation of Roma

Domestic violence was discussed among the members. MEPs expressed concern on the public institutions response to domestic violence and the lack of funding for women’s shelters. MEPs also expressed disappointment in the few numbers of female ministers in the current government. Kosovo MPs underlined that the Kosovo government has now allocated 65.000 euros to shelters for women and efforts are being undertaken in order to improve shelters. MEPs raised concern over reports of harassment of Christians in Kosovo. Kosovo MPs stated that there is no discrimination of religion in Kosovo and that Kosovo prides itself on religious tolerance. The issue of the Roma community was discussed as Roma communities are facing high levels of poverty and a lack of fundamental education.

The following members took part in the debate: Mr Lars ADAKTUSSON (MEP), Ms Julie WARD (MEP), Mr Danush ADEMI (Kosovo MP), Ms Donika Kadaj BUJUPI (Kosovo MP), Blerta DELIU-KODRA (Kosovo MP), Bilall SHERIFI (Kosovo MP), Arben GASHI (Kosovo MP), Armend ZEMAJ (Kosovo MP)

10. European Parliament’s pre-accession assistance to national parliaments

Mr KUKAN presented the EP activities in the area of economic development in Kosovo and invited the Kosovo MPs to take part in the activities.

Kosovo MPs acknowledged the positive impact of the EP’s assistance. Some Kosovo MPs stated that it was time to deliver on political issues and highlighted visa liberalisation as an important issue. MPs from Kosovo inquired about the possibility of the Jean-Monnet Dialogue. Chair of the Kosovo Foreign Affairs committee inquired about the possibility of the Jean- Monnet Dialogue.

The following members took part in the debate: Mr Eduard KUKAN (MEP), Ms Blerta Deliu KODRA (Kosovo MEP), Ms Donika Kadaj BUJUPI (Kosovo MEP), Ms Vjosa OSMANI- SADRIU (Kosovo MP).

11. Adoption of recommendations

Amendment to the draft recommendations regarding the issue of the ‘Specialist chambers’ did not receive the support of the majority of the Kosovo delegation. Without this amendment, the recommendations would not be acceptable for the EP delegation. Consequently the joint recommendations were not adopted.

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12. Any other business Members expressed regret that the recommendations were not able to be adopted but hoped that the cooperation would continue and that a joint resolution could be adopted at the next meeting. There was no other business.

13. Date and place of the next SAPC meeting

The next SAPC meeting shall take place in on 17 and 18 of September 2018.

The meeting ended on 18 January, at 12:10. ***

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