Brussels, 29/04/2008 (Agence Europe) - On Tuesday 29 April, the EU and Serbia signed the stabilisation and association agreement (SAA), which opens the way to the country's European integration. No provision will be applied, however, unless the Council unanimously decides that Serbia fulfils the criteria of “full cooperation” with the International Criminal Tribunal for the former Yugoslavia (ICTY). During the lengthy negotiations, foreign ministers from the member states decided on this compromise, reconciling the position of the Netherlands and Belgium, both of whom have been insisting on Belgrade's strict observance of the conditions, and the concern, shared by all, of sending Serbia a “positive message” and subsequently helping the pro-European forces around President Boris Tadic in the context of the forthcoming parliamentary elections on 11 May.
In concrete terms, the “External Relations” Council decided on Tuesday to sign the SAA and interim agreement, while suspending their application until another unanimous decision is reached at the Council concluding that Serbia has completely satisfied the criteria of full cooperation with the ICTY. The Netherlands and Belgium, like other member states, are therefore keeping their right of veto on this question. The SAA ratification process can only begin in the member states, and the interim agreement can only enter into force if the Council reaches a positive decision on this issue. This interim agreement will allow for early application of the trade-related aspects of the SAA, without having to wait for the end of the ratification process, which could prove very long. Normally, the interim agreement takes effect immediately after the main agreement is signed (as is the case for SAAs concluded with the other Balkan countries). For Serbia, on the other hand, the signing of the SAA has no immediate legal impact. Diplomats speak of a “political or symbolic gesture”. In its conclusions, the Council describes the signing of agreements as “an important step” by Serbia on its road towards the EU.
Serbian President Boris Tadic and Deputy Prime Minister Bozidar Djelic were in Luxembourg to sign the agreements at the end of the afternoon with Dimitrij Rupel, Slovenian Foreign Minister and currently President-in-office of the EU Council. Speaking to the press after the signing ceremony, Mr Rupel spoke of a “strong message” that “clearly shows that the EU wants Serbia to join the European family as soon as possible”. Now, it is up to Serbia to take the right decisions and improve its cooperation with the ICTY, he said. The signing of the SAA “might help to make cooperation with the ICTY more direct, more sincere and more effective”, Mr Rupel said.
Boris Tadic told the press that the SAA is the first formal agreement that has been sealed between Serbia and the EU. Contrary to what some nationalist forces in Serbia want people to believe, the SAA is not detrimental to Serbia's territorial integrity “as it in no way prejudges the future status of Kosovo”, Mr Tadic said. At the same time, the SAA opens the road to Serbia for European integration and Serbia intends to put its candidature forward for accession to the EU “by the end of this year”, the president announced. He promised that Belgrade will “do everything in our power” to arrest Radko Mladic. “We shall keep our promises”, he said.
Dutch Foreign Minister Maxime Verhagen said that he, too, was satisfied with the outcome. “We have made a gesture towards Serbia showing that we want it to be part of Europe. But at the same time, we maintain the conditionality”, said his spokesman. When it comes to deciding if Belgrade has been sufficiently cooperative with the ICTY, “the opinion of the Court's Chief Prosecutor (Belgian Serge Brammertz: Ed.) will be very important,” he said. The Belgians, too, will attach “great importance” to Brammertz's opinion, even though the Council decision does not specifically mention the role of the ICTY Chief Prosecutor in the EU's decision-making, said Belgian Foreign Minister Karel de Gucht. Does the arrest of Radko Mladic remain an essential condition for the Netherlands? “It would be indeed the best proof of full cooperation,” said the spokesman of the Dutch Foreign Minister. (H.B.)