Council Decision

of 18 February 2008

on the principles, priorities and conditions contained in the European Partnership with Serbia including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999 and repealing Decision 2006/56/EC

(2008/213/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process(1), as amended, and in particular Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the European Partnerships as a means to materialise the European perspective of the Western Balkan countries.

(2) Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the partnerships, as well as any subsequent adjustments. It states also that the follow-up to the European Partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably by the annual progress reports.

(3) On 30 January 2006 the Council adopted the second European Partnership with Serbia including Kosovo under UNSCR 1244(2).

(4) The Commission's Paper on enlargement strategy and main challenges 2006-2007 indicated that the partnerships would be updated at the end of 2007.

(5) On 17 July 2006 the Council adopted Regulation (EC) No 1085/2006(3), establishing an Instrument for Pre-accession Assistance (IPA) which renews the framework for financial assistance to pre-accession countries.

(6) It is therefore appropriate to adopt a revised European Partnership which updates the current partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2007 Progress Reports on the preparations by Serbia as well as Kosovo under UNSCR 1244 for further integration with the European Union.

(7) In order to prepare for further integration with the European Union, the competent authorities in Serbia as well as Kosovo under UNSCR 1244 should develop a plan with a timetable and specific measures to address the priorities of this European Partnership.

(8) Decision 2006/56/EC should therefore be repealed,

HAS DECIDED AS FOLLOWS:

Article 1U.K.

The principles, priorities and conditions in the European Partnership with Serbia including Kosovo under UNSCR 1244 are set out in Annexes 2 and 3.

Article 2U.K.

The implementation of the European Partnership shall be examined through the mechanisms established under the stabilisation and association process, notably the annual progress reports presented by the Commission.

Article 3U.K.

Decision 2006/56/EC shall be repealed.

Article 4U.K.

This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

Done at Brussels, 18 February 2008.

For the Council

The President

D. Rupel

ANNEX 1U.K.SERBIA — INCLUDING KOSOVO UNDER UNSCR 1244 — EUROPEAN PARTNERSHIP 2007

1.INTRODUCTIONU.K.

The European Council endorsed the introduction of the European Partnerships as a means to realise the European perspective of the Western Balkan countries. The proposed revised partnership updates the second one, on the basis of the findings of the 2007 Commission Progress Reports on Serbia and on Kosovo under UNSCR 1244. It identifies new and remaining priorities for action. The new priorities are adapted to the country's specific needs and stage of preparation and will be updated as necessary. The authorities are expected to develop a plan including a timetable and specific measures intended to address the European Partnership priorities. The partnership also provides guidance for financial assistance to the country.

2.PRINCIPLESU.K.

The stabilisation and association process remains the framework for the European course of the Western Balkan countries, all the way to their future accession. The priorities identified relate to the capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set by the stabilisation and association process, notably the conditions defined by the Council in its conclusions of 29 April 1997 and 21 and 22 June 1999, the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda.

3.PRIORITIESU.K.

The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that they can be completed or taken substantially forward over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and its implementation.

In view of the need to set priorities, clearly there are other tasks for to be completed which may become priorities in any future partnership, also taking into account future progress made by Serbia and Kosovo under UNSCR 1244.

Among the short-term priorities, the key ones have been identified and grouped together at the beginning of the lists. The order of these key priorities does not imply a ranking in their importance.

The priorities are listed in Annexes 2 and 3.

4.PROGRAMMINGU.K.

Community assistance under the stabilisation and association process to the Western Balkan countries will be provided under the existing financial instruments, in particular by Regulation (EC) No 1085/2006 (IPA) and, for programmes adopted before 2007, Regulation (EC) No 2666/2000 (CARDS Regulation)(4). The financing agreements serve as legal basis for the implementation of the concrete programmes. Accordingly, this Decision will have no financial implications.

Serbia including Kosovo under UNSCR 1244 can also have access to funding from multi-country and horizontal programmes.

5.CONDITIONALITYU.K.

Assistance to the Western Balkan countries is conditional on progress on satisfying the Copenhagen criteria and on meeting the specific priorities of this European Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 21 of Regulation (EC) No 1085/2006 or, in the case of pre-2007 programmes, on the basis of Article 5 of Regulation (EC) No 2666/2000. The assistance is also subject to the conditions defined by the Council in its conclusions of 29 April 1997, in particular as regards the recipients' undertaking to carry out democratic, economic and institutional reforms. Specific conditions are also included in individual annual programmes. The financing decisions will be followed by a financing agreement signed with the relevant authorities.

6.MONITORINGU.K.

Implementation of the European Partnership will be examined by the mechanisms established under the stabilisation and association process, notably the annual reports presented by the Commission.

ANNEX 2U.K.PRIORITIES FOR SERBIA

SHORT TERM PRIORITIESU.K.

Key prioritiesU.K.

Political criteriaU.K.

Democracy and the rule of lawU.K.
ConstitutionU.K.
ParliamentU.K.
Public administrationU.K.
Civilian oversight of security forcesU.K.
Judicial systemU.K.
Anti-corruption policyU.K.
Human rights and protection of minoritiesU.K.
Civil and political rightsU.K.
Social and economic rightsU.K.
Minority rights, cultural rights and protection of minoritiesU.K.
Regional issues and international obligationsU.K.

Economic criteriaU.K.

European standardsU.K.

Internal marketU.K.
Free movement of goodsU.K.
Free movement of capitalU.K.
Customs and taxationU.K.
CompetitionU.K.
Public procurementU.K.
Intellectual property lawU.K.
Employment and social policiesU.K.
Education and researchU.K.
WTO issuesU.K.
Sectoral policiesU.K.
Industry and SMEsU.K.
AgricultureU.K.
EnvironmentU.K.

Further develop and start to implement waste management plans and start construction of a facility for treatment and safe disposal of hazardous waste.

Transport policyU.K.
EnergyU.K.
Information society and mediaU.K.
Financial controlU.K.
StatisticsU.K.
Justice, freedom and securityU.K.
Visa, border control, asylum and migrationU.K.
Money launderingU.K.
DrugsU.K.
PoliceU.K.
Fight against organised crime and terrorismU.K.
Protection of personal dataU.K.

MEDIUM-TERM PRIORITIESU.K.

Political criteriaU.K.

Democracy and the rule of lawU.K.
Public administrationU.K.
Civilian oversight of security forcesU.K.
Judicial systemU.K.
Anti-corruption policyU.K.
Human rights and protection of minoritiesU.K.
Regional issues and international obligationsU.K.

Economic criteriaU.K.

European standardsU.K.

Internal marketU.K.
Free movement of goodsU.K.
Free movement of capitalU.K.
Customs and taxationU.K.
CompetitionU.K.
Employment and social policiesU.K.
Education and researchU.K.
Sectoral policiesU.K.
SME and industrial policyU.K.
AgricultureU.K.
EnvironmentU.K.
Transport policyU.K.
EnergyU.K.
Information society and mediaU.K.
Financial controlU.K.
StatisticsU.K.
Justice, freedom and securityU.K.
Visa, border control, asylum and migrationU.K.
DrugsU.K.
PoliceU.K.
Fighting organised crime and terrorismU.K.

ANNEX 3U.K.PRIORITIES FOR KOSOVO UNDER UNSCR 1244

SHORT TERM PRIORITIESU.K.

Key prioritiesU.K.

Political criteriaU.K.

Democracy and the rule of lawU.K.
Provisional institutions of self-governmentU.K.
Parliament/electionsU.K.
Public administrationU.K.
Judicial systemU.K.
Anti-corruption policyU.K.
Human rights and the protection of minoritiesU.K.
Minority rights, cultural rights and protection of minoritiesU.K.
Regional issues and international obligationsU.K.

Economic criteriaU.K.

European standardsU.K.

Internal marketU.K.
Free movement of goodsU.K.
Free movement of capitalU.K.
Customs and taxationU.K.
Public procurementU.K.
Intellectual property rightsU.K.
Employment and social policiesU.K.
Education and researchU.K.
Sectoral policiesU.K.
Industry and SMEU.K.
Agriculture and fisheriesU.K.
EnvironmentU.K.
Transport policyU.K.
EnergyU.K.
Information society and mediaU.K.
Financial controlU.K.
StatisticsU.K.
Justice, freedom and securityU.K.
Visas, border control, asylum and migrationU.K.
Money launderingU.K.
DrugsU.K.
PoliceU.K.
Protection of personal dataU.K.

MEDIUM-TERM PRIORITIESU.K.

Political criteriaU.K.

Democracy and the rule of lawU.K.
Public administrationU.K.
Judicial systemU.K.
Anti-corruption policiesU.K.
Human rights and the protection of minoritiesU.K.
Regional issues and international obligationsU.K.

Economic criteriaU.K.

European standardsU.K.

Internal marketU.K.
Free movement of goodsU.K.
Customs and taxationU.K.
Public procurementU.K.
Intellectual property lawU.K.
EmploymentU.K.
Education and researchU.K.
Sectoral policiesU.K.
Agriculture and fisheriesU.K.
EnvironmentU.K.
Transport policyU.K.
EnergyU.K.
Information society and mediaU.K.
Financial controlU.K.
StatisticsU.K.
Justice, freedom and securityU.K.
Visa, border control, asylum and migrationU.K.
Fighting organised crime and terrorismU.K.
DrugsU.K.
Protection of personal dataU.K.
(1)

OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC) No 269/2006 (OJ L 47, 17.2.2006, p. 7).

(2)

Council Decision 2006/56/EC of 30 January 2006 on the principles, priorities and conditions contained in the European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 and repealing Decision 2004/520/EC (OJ L 35, 7.2.2006, p. 32). Decision as amended by Decision 2007/49/EC (OJ L 20, 27.1.2007, p. 16).

(4)

OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).