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Brussels Dialogue, in Numbers Achieved Agreements

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Brussels Dialogue, in Numbers Achieved Agreements Policy Report THE BRUSSELS DIALOGUE BETWEEN KOSOVO AND ACHIEVEMENTSSERBIA AND CHALLENGES This report is supported by: Royal Norwegian Embassy Disclaimer: The views and analysis in this report are solely of the Balkans Group and do not reflect the views of the donors. The original version of this report is written in Albanian and translated into English and Serbian. We have attempted to provide an accurate translation of the original report. However, due to variations for alternative words or phrases to be used in place of the original language, differences may exist. Author: Balkans Policy Research Group (BPRG) THE BRUSSELS DIALOGUE BETWEEN KOSOVO AND SERBIA - ACHIEVEMENTS AND CHALLENGES ABBREVIATIONS LIST ADR Accord européen relatif au transport international des marchandises Dangereuses par Route (European Agreement concerning the International Carriage of Dangerous Goods by Road) ASM Association of Serb Majority Municipalities ATA Admission Temporaire (Temporary Admission) BC Bureau Council BIM Border Integrated Management (See IBM) CRA Civil Registration Agency CP Civil Protection CPP Certificate of Pharmaceutical Products DRC Danish Refugee Council ECC Expert Certification Committee ECMI European Centre for Minority Issues EEAS European External Actions Services EMS Elektromreža Srbije (Serbian Power Grid) ENIC European Network of Information Centres ENTSO-E European Network of Transmission System Operators EPS Elektroprivreda Srbije (Electric Power Industry of Serbia) EQS European Qualifications Framework EU European Union EUA European University Association EULEX European Union Rule of Law Mission in Kosovo EUSR European Union Special Representative FVAK Food and Veterinary Agency of Kosovo ICA Italian Customs Agency ICO International Civilian Office ICJ International Court of Justice IG Implementation Group IMF International Monetary Fund IBM Integrated Border Management INTERPOL International Criminal Police Organization INTOSAI International Organization of Supreme Audit Institutions KIB Kosovo Insurance Bureau KOSTT Transmission, System and Market Operator KPCVA Kosovo Property Comparison and Verification Agency LVV Self-Determination Movement MAFRD Ministry of Agriculture, Forestry and Rural Development of Kosovo MEST Ministry of Education, Science, and Technology THE BRUSSELS DIALOGUE BETWEEN KOSOVO AND SERBIA - ACHIEVEMENTS AND CHALLENGES MIA Ministry of Internal Affairs of Serbia MLA Mutual Legal Assistance MLG Ministry of Local Government Administration of Kosovo MLA Mutual legal assistance MU Memorandum of Understanding MPB Ministry of Internal Affairs of Kosovo MTS Mobilna telefonija Srbije (Mobile Telecommunication Company of Serbia) NARIC National Academic Recognition Information Centre NGO Non-Governmental Organization OSCE Organization for Security and Cooperation in Europe PDK Democratic Party of Kosovo PK Post of Kosovo RAEPC Regulatory Authority of Electronic and Postal Communications RCC Regional Cooperation Council SAA Stabilization and Association Agreement SEED System for Exchange of Excise Data SEEIC South East Europe Investment Committee SEETO South East Europe Transport Observatory SEETUF See Trade Union Forum SLS Samostalna liberalna stranka (Independent Liberal Party) TIG Tripartite implementation group TIR Transports Internationaux Routiers (International Road Transport) TSO Transmission System Operator TPL Third party liability UCTE Union for the Co-ordination of Transmission of Electricity UMV University of North Mitrovica UNESCO United Nations Educational, Scientific and Cultural Organization UNMIK United Nations Interim Administration Mission in Kosovo UN United Nations UO Association of Serbian Insurers VEF Vienna Economic Forum WB World Bank WG Working Group WBIF Western Balkans Investment Framework ZDB Internal Customs Office ZKA National Audit Office ZN Liaison Officer ZPKD Customs Checkpoints Zone ZRrE Regulatory Energy Office of the Republic of Kosovo THE BRUSSELS DIALOGUE BETWEEN KOSOVO AND SERBIA - ACHIEVEMENTS AND CHALLENGES CONTENTS Brussels Dialogue between Serbia and Kosovo 05 EXECUTIVE SUMMARY 06 RECOMMENDATIONS 08 THE HISTORY OF DIALOGUE 09 INTRODUCTION 11 CHRONOLOGY OF AGREEMENTS 14 THE ROLE OF BRUSSELS DIALOGUE 16 KEY ACHIEVEMENTS 17 BRUSSELS DIALOGUE, IN NUMBERS 18 IMPLEMENTED AGREEMENTS 22 FREEDOM OF MOVEMENT 21 CIVIL REGISTRY BOOKS 24 CUSTOMS STAMP 25 REGIONAL REPRESENTATION AND COOPERATION 27 IBM – INTEGRATED BORDER MANAGEMENT 29 CUSTOMS REVENUE COLLECTION 31 LIAISON ARRANGEMENTS 33 LOCAL ELECTIONS/ FUNCTIONING OF MUNICIPALITIES IN THE NORTH 36 TELECOMMUNICATION 39 INTEGRATION OF POLICE 42 JUSTICE 46 DISSOLUTION AND INTEGRATION OF “CIVIL PROTECTION” 50 MUTUAL RECOGNITION OF VEHICLE INSURANCE 53 MUTUAL RECOGNITION OF ADR CERTIFICATES 55 UNIMPLEMENTED AGREEMENTS 57 MUTUAL RECOGNITION OF UNIVERSITY DIPLOMAS 58 CADASTRAL RECORDS 60 ENERGY 62 ASSOCIATION/COMMUNITY OF SERB MAJORITY MUNICIPALITIES IN KOSOVO 65 REMOVAL OF BARRICADES AND REVITALIZATION OF THE BRIDGE IN MITROVICA 68 RATIFICATION OF AGREEMENTS 70 CHALLENGES AND OPPORTUNITIES 75 APPENDIXES 76 THE BRUSSELS DIALOGUE BETWEEN KOSOVO AND SERBIA - ACHIEVEMENTS AND CHALLENGES 5 BRUSSELS DIALOGUE BETWEEN KOSOVO AND SERBIA 6 THE BRUSSELS DIALOGUE BETWEEN KOSOVO AND SERBIA - ACHIEVEMENTS AND CHALLENGES EXECUTIVE SUMMARY The dialogue process between Kosovo and Serbia that failed or were not implemented, there was a commenced in March 2011, under the facilitation noticeable lack of accountability. Both parties had of the European Union (EU), and resulted in 38 high, hasty, and contradictory expectations for the agreements within four years. This report seeks to entire process. deconstruct the number of agreements which are as arguable as many other issues in this process. The The year 2012 marked the beginning of the dialogue began with topics that were considered ‘Political Dialogue’, which culminated with the easier to negotiate; the freedom of movement First Agreement of Principles Governing the and Kosovo’s civil registry. That was necessary to Normalization of Relations (19 April 2013). The establish a foundation for further talks between Kosovo Assembly ratified it a few weeks later as Kosovo and Serbia but also between these countries an international agreement, therefore making it and the EU. As these initial subjects were considered superior to national laws. With the start of the more technical, the process, in the beginning, was political dialogue, political divisions within Kosovo called the ‘Technical Dialogue’. grew and so did tensions with Serbia, while there were also some issues in relations with international The dialogue aimed at improving relations and partners. Parts of this agreement have yet to be solving problems between Kosovo and Serbia implemented. A key contradictory part of this through reaching agreements on multiple topics. agreement was the establishment of the Association/ The primary objective was to establish continuous Community of Serb-majority Municipalities which communication between the two governments. resulted in massive protests led by the Kosovo The meetings, even though afflicted with numerous opposition. The Constitutional Court of Kosovo problems, resulted in concrete agreements, some of found the principles of the agreement to not be in which have been well implemented. However, the accordance with the Constitution. Thus, the Kosovo process lacked transparency and accountability. The government (one after one) remains hesitant to results were not promoted as much as needed and implement it until Serbia presents clear plans to were used for political battles within each country withdraw its parallel institutions in Kosovo. and against one another. While for the agreements THE BRUSSELS DIALOGUE BETWEEN KOSOVO AND SERBIA - ACHIEVEMENTS AND CHALLENGES 7 An agreement on the creation of a unified judicial and lobbying for countries to withdraw recognition system within all of Kosovo was concluded in 2015, of Kosovo’s independence. In response, Kosovo and it included the successful integration of judges hesitated to implement previous agreements such and prosecutors from the Serb community. The as the creation of the Association of Serb Majority agreement on the integration of Civil Protection Municipalities. (which Pristina perceived as a threat to its security while northern Serbs viewed it as a mechanism that Successfully implemented agreements have had offered protection and employment) was also signed positive effects on the lives of many citizens, in 2015. The integrated judicial employees were not namely the agreements on civil registry, custom given specific tasks by Kosovo’s institutions, and stamps, telecommunication, Integrated Border a high number of employees still do not show up Management (IBM), integration of the police force for work, something which has prevented the full and judicial employees, and the establishment of implementation of this agreement. four municipalities in northern Kosovo. These agreements prove that the dialogue between Serbia Some agreements i.e. agreement on energy, and Kosovo is possible, that results can be achieved, reciprocal recognition of diplomas, and cadastral and that normalization of relations could progress, records have fallen far behind the agenda for which would benefit citizens and help consolidate implementation. From the signing of the energy Kosovo’s statehood. Kosovo’s success in receiving agreement in 2013, Serbia has hesitated to register a country dial code allows its citizens to use only their energy companies in
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