Opinion of the Committee of the Regions on Western Balkans: Enhancing the European perspective
Date: 2008-11-27
Institutions: European Committee of the Regions
Subjects: EU relations, Western Balkans, accession negotiations, accession to the European Union, autonomy, corruption, decentralisation

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Opinion of

the Committee of

the Regions on ‘Western Balkans: Enhancing the European

perspective’

(2009/C 76/09)

THE COMMITTEE OF THE REGIONS

— considers binding the European Union's pledge to offer a future in Europe to the whole of the

Western Balkans, providing the countries in the region meet its accession criteria.

— urges the Western Balkan countries to lose no time in meeting the EU's conditions for relaxing its visa
policy. The visa requirements currently imposed on those living in the Western Balkan countries make
it difficult to establish social contacts with partners from the EU Member States and are a stumbling
block to implementing education and development projects; calls on the EU Member States to
continue to relax visa requirements for the Western Balkan countries.

— underlines the importance of the processes launched in the Western Balkan countries to decentralise
and distribute state power; points out that ethnicity must not be the sole or main factor in these
processes, and considers it important, in very ethnically mixed countries, to bolster the position of
central institutions that are crucial if the state is to function, while at the same time accepting the
autonomous decision-making of regional and local institutions and authorities.

— stresses the importance of continuing to make determined efforts to strengthen the independence of
the judiciary. Efforts to combat corruption and to enhance public confidence in the judiciary must be
continued.

— is in favour of local and regional authorities and institutions collaborating closely with partners in the
EU Member States and calls for the creation of appropriate institutional and financial mechanisms to
enable local and regional authorities to be more involved in cross-border and regional projects, along-
side national associations of local self-government, including participating in initiatives within a Euro-
pean Grouping of Territorial Cooperation.

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Rapporteur: Mr František KNAPÍK (SK/EPP), Mayor of Košice

References

Communication from the Commission to the Council and the European Parliament: Western Balkans:
Enhancing the European perspective

COM(2008) 127 final

POLICY RECOMMENDATIONS

THE COMMITTEE OF THE REGIONS

A. General recommendations

Progress towards EU accession

1.
considers binding the European Union's pledge to offer a
future in Europe to the whole of the Western Balkans, providing
the countries in the region meet its accession criteria.

2.
the
welcomes the progress made by the countries of
Western Balkans in moving towards the European Union;
considers that the signature of a Stabilisation and Association
Agreement (SAA) between the EU and the Republic of Serbia as
well as between the EU and Bosnia and Herzegovina is abso-
lutely essential if the whole region is to have a future within the
European Union. Another demonstration of progress on Euro-
pean integration is
the real prospect of Montenegro and
Albania, followed by the other countries in the region, acquiring
candidate country status in the near future and the progress
made in accession discussions with Croatia.

3.
recommends that the European Commission does more to
capitalise on the experience of the new Member States in both
the process of both accession and transformation. The views of
the new Member States should be an added benefit when it
comes to drafting EU policies, especially regarding the accession
ambitions of the Western Balkan countries.

4.
urges the Western Balkan countries to lose no time in
meeting the EU's conditions for relaxing its visa policy. The visa
requirements currently imposed on those living in the Western
Balkan countries make it difficult to establish social contacts
with partners from the EU Member States and are a stumbling
block to implementing education and development projects;
calls on the EU Member States to continue to relax visa require-
ments for the Western Balkan countries.

5.
underlines the importance of the processes launched in
the Western Balkan countries to decentralise and distribute state
power; points out that ethnicity must not be the sole or main
factor in these processes, and considers it important,
in very
ethnically mixed countries, to bolster the position of central
institutions that are crucial if the state is to function, while at

the same time accepting the autonomous decision-making of
regional and local institutions and authorities.

6.
points out that recognition and protection of national
minorities is one of the Copenhagen criteria which must be met
by any state wishing to join the European Union; is convinced
that a central element of minority rights is to facilitate peaceful
co-existence between populations which differ in race, language
or religion and the majority population, so that their specific
needs are met.

7.
urges countries in the region to take measures to enhance
women's participation in political, social and economic life and
to promote gender equality. Notes that discrimination against
women and domestic violence still occur and therefore calls on
these countries to increase efforts to further women's rights.

8.
proposes that the administrative capacity of national insti-
tutions and local authorities be reinforced in order to get the
most out of funding for the Western Balkan countries from the
Instrument for Pre-Accession Assistance (IPA).

stresses the importance of continuing to make determined
9.
efforts to strengthen the independence of the judiciary. Efforts
to combat corruption and to enhance public confidence in the
judiciary must be continued.

10.
regrets the prevalence of corruption, which poses an
obstacle to creating a transparent public service and hampers
the efficient management and administration of EU funds and
programmes.

welcomes the work being done to create a Regional
11.
School of Public Administration (RESPA) which would have all
the powers expected of a vocational educational institution for
public servants and should help to boost administrative capacity
in the Western Balkan countries. The Committee recommends
that existing public administration schools in the individual
countries collaborate with this institution as much as possible. It
also supports further European Commission instruments to
strengthen administrative capacity, build up institutions and
implement EU legislation, especially through twinning and the
Technical Assistance Information Exchange (TAIEX) and Support
for Improvement
(SIGMA)
instruments.

in Governance and Management

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Regional cooperation and increased cross-border cooperation

12.
welcomes the successful transformation of the Stability
Pact for South-Eastern Europe into the Regional Cooperation
Council; considers regional cooperation to be one of the prere-
quisites for the Western Balkan countries to move forward in
Improving cross-border cooperation
EU accession process.
merits particular attention here, since in many cases it is border
regions that have suffered most in the wake of
the armed
conflicts of the 1990s. For this reason, the Committee calls for
the development of cross-border infrastructure between the
countries of the region.

13.
believes that the way to overcome the divisions, preju-
dices and distrust caused by the disputes and conflicts that in
the recent or less recent past have involved the countries of the
Western Balkans and neighbouring countries that are now EU
members is to strengthen cross-border cooperation between
coastal and border areas of
the Western
Balkans and those of close or neighbouring EU countries.

the countries of

14.
welcomes the progress made in creating a free-trade
zone — CEFTA — in the Western Balkans; recommends that
the participant countries act more swiftly to create an area that
operates effectively throughout the region, since a regional free-
trade area will help individual countries prepare for joining the
EU single market.

15.
is in favour of local and regional authorities and institu-
tions collaborating closely with partners in the EU Member
States and calls for the creation of appropriate institutional and
financial mechanisms to enable local and regional authorities to
be more involved in cross-border and regional projects, along-
side national associations of
including
participating in initiatives within a European Grouping of Terri-
torial Cooperation.

local self-government,

16.
is aware of the fact that civil society organisations play
an important role in promoting EU integration and supports
the networking of civil society organisations in the region and
the development of common projects.

Development of local and regional authorities

regards the smooth running of local and regional autho-
17.
rities as essential both for the internal consolidation of indivi-
dual countries and for the process of bringing them into line
with the EU; recommends that governments step up communi-
cation with local and regional authorities, promoting the idea of
European integration.

18.
welcomes the special mechanism to support local and
regional governments in the Western Balkans which is part of
the Instrument for Pre-Accession Assistance (IPA), which the
European Commission announced at the conference in Brussels
in April 2008; recommends that the European Commission

simplify the procedure for providing help as much as possible,
especially by speeding it up and making the mechanisms for
providing it more effective; believes that while aid in whatever
form must be targeted, it must also be for the widest possible
range of recipients.

is conscious of a regional imbalance — between metro-
19.
politan areas and regions more remote from urban centres — in
the operations of local and regional authorities concerned with
harmonious
and
promoting the idea of European integration; sees a need to help
to operate effectively in rural
the sub-national authorities
regions, especially ethnically mixed areas, where the emphasis
should be on implementing multiethnic projects.

development

territorial

balanced

and

is aware of the fact that the local and regional authorities
20.
of the countries in the Western Balkans play a fundamental role
in finding the required institutional response to the rights of
national minorities; therefore calls on the governments in those
countries to consult local and regional authorities when new
standards and legal frameworks relating to the rights of national
minorities are discussed and adopted, with due consideration for
the Council of Europe's Framework Convention for the Protec-
tion of National Minorities.

21.
stresses the importance of local and regional authorities
in overcoming prejudices and differences between ethnicities in
the region and in this connection their role in communication
between the various tiers of local and national government in
the individual countries.

B. Specific recommendations for individual countries

Croatia

22.
welcomes the substantial progress of accession negotia-
tions with Croatia, which send a signal to the other Western
Balkan countries about their own membership prospects, once
they fulfil the necessary conditions, and believes that current
uncertainty following the Irish referendum that
the Lisbon
Treaty will enter into force has no implications for the ongoing
accession negotiations with Croatia.

23.
welcomes the progress made in regional policy and
cross-border cooperation and appreciates that Croatia is doing
more to settle differences with its neighbours.

24.
points out that Croatia needs to make further progress
fighting corruption, rights of national
with judicial reforms,
minorities, refugee return and shipbuilding restructuring if it is
to make major progress in its accession process.

25.
points out that Croatia must quicken the pace of public
administration reform and improve administrative capacity at
local and regional level.

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The former Yugoslav Republic of Macedonia

Albania

believes that further progress of

26.
the former Yugoslav
Republic of Macedonia towards stepping up relations with the
EU is possible providing the conditions and criteria set by the
European Council in June 2008 are observed.

27.
appreciates the former Yugoslav Republic of Macedonia's
contribution to stability in the Western Balkans and takes into
account the decision of its government regarding the recogni-
tion of Kosovo's independence.

the

welcomes

28.
Joint Consultative
setting-up of
Committee EU — the former Yugoslav Republic of Macedonia
and encourages the deepening of political dialogue between sub-
national authorities of the EU and its counterparts from the
former Yugoslav Republic of Macedonia.

its

29.
notes that it has finally been possible to resolve the poli-
tical crisis in the former Yugoslav Republic of Macedonia.
Would call for immediate measures to improve and strengthen
in order to enable it to
the working of government bodies,
address the causes of the problems encountered in the electoral
process in June 2008, and also to ensure that future elections
are held in accordance with internationally agreed models.
Would stress the need to step up political dialogue between
political parties, in order to shape a stable political climate of
consensus for carrying out the reforms that are a precondition
for EU membership.

30.
proposes continuing the process of decentralisation while
ensuring that ethnicity is not the main criterion in forming local
or regional authorities; calls for maintaining the political stabi-
lity of the former Yugoslav Republic of Macedonia at national,
regional and local level by stressing the need for dialogue rather
than other means.

supports the constructive role of

the Committee on
31.
Inter-Community Relations, at both national and local level, as a
mediator between the various ethnic communities and parlia-
ment. The Committee also calls for the preservation of the
multiethnic character of
the former Yugoslav Republic of
Macedonia and in particular the scrupulous observance of the
population's minority rights.

welcomes the resumption of negotiations assisted by the
32.
UN's special envoy Matthew Nimetz and calls on the former
Yugoslav Republic of Macedonia to step up its efforts to help
resolve the issue of the country's name in line with UN Security
Council Resolutions 817/93 and 845/93; would stress the
the former
importance of good neighbourhood relations if
Yugoslav Republic of Macedonia is to make further progress
towards EU membership.

recommends pressing ahead with public administration
in order to give

33.
reform,
authorities greater autonomy in deciding on financial matters.

including reform of

local taxation,

welcomes the implementation of measures to reform
to local

administration and give greater powers

34.
public
authorities.

stresses

the need to boost economic growth and
35.
economic performance. Economic prosperity and sustainable
economic growth are the prerequisite of successful progress
towards EU accession.

highlights the need for political consensus on issues

36.
related to European integration.

calls for political parties to abandon unconstructive posi-
37.
tions at local level so that decisions can be reached by consensus
which will address local problems and the needs of
local
communities.

calls for the implementation of effective mechanisms to
38.
wipe out corruption at both national and local
level; at the
same time calls for the commitment of the relevant institutions
in the fight against organised crime to be made more effective.

welcomes the buttressing of

39.
the area of local taxation and spending.

local authority powers in

recommends strengthening the decentralised powers of

40.
local authorities.

41.
would invite Albania to enforce in full the provisions of
the framework agreement of the Council of Europe for the
protection of national minorities, above all when it comes to
the use of minority languages.

Bosnia and Herzegovina

42.
welcomes the signature of the Stabilisation and Associa-
tion Agreement between the European Union and Bosnia and
Herzegovina and supports closure of the Office of the High
Representative (OHR) and the strengthening of the EU Special
Representative Office as soon as the necessary conditions and
objectives have been met.

43.
values that the question of the final status of Kosovo has
not major repercussions in Bosnia and Herzegovina and that the
overall political and security situation has remained calm.

44.
welcomes the adoption of police reform by the Bosnian
parliament in view of its importance in moving forward the EU
accession process. is conscious of the fact that this reform, as
adopted, is the product of a consensus wrought by long and
intricate negotiations between all
the participating parties;
nevertheless, stresses the need for further constitutional changes
to make national institutions more functional and ensure that
the ethnic factor ceases to be the determining factor in the
running of the society in Bosnia and Herzegovina; also stresses
the importance of closer cooperation with the International
Criminal Tribunal for the former Yugoslavia (ICTY).

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45.
appreciates the holding of democratic local elections in
October 2008 and values that they passed without incident; is
aware of the importance of the democratic election of
local
councillors and their role in the process of democratising the
society in Bosnia and Herzegovina and bringing it further into
line with the EU.

Republic of Serbia

53.
welcomes the signing of a Stabilisation and Association
Agreement between the Republic of Serbia and the European
Union and calls on the Serbian government to meet in full the
obligations attached to its implementation.

46.
supports strengthening the administrative capacity of the
Directorate for European integration in the BiH Council of
Ministers, as well as the capacity of other institutions and bodies
working on the European integration process.. Bosnia and
Herzegovina's progress in the European integration process will
require further efforts in implementing EU related reforms.

54.
welcomes the arrest of Radovan Karadžić on the territory
of Serbia and appreciates the efforts of the new Serbian govern-
ment in this matter; stresses the importance of continued coop-
eration between the Serbian government and the International
Criminal Tribunal for the former Yugoslavia (ICTY).

47.
is aware of the fact that a nationwide debate on EU
accession should be backed up by a number of well targeted
regional and local civil
projects which bring in national,
servants, academia and the non-governmental
sector. The
experience of the new Member States could be a source of
inspiration here, especially regarding the establishing of a
national convention on the EU which proved successful
in
Slovakia and was also launched in Serbia in 2006.

Montenegro

invites the EU to move decisively in order to step up rela-
55.
tions with Serbia, bringing into force the intermediate agree-
ment and launching the process of ratifying the stabilisation and
association agreement by the parliaments of the Member States;
and believes that Serbia could feasibly attain candidate country
status in 2009.

that

welcomes the fact

56.
the presidential elections in
January and February this year and the early parliamentary and
local elections in May took place democratically and also
appreciates the democratic way in which the government crisis
was resolved.

48.
welcomes the holding of democratic and transparent
elections, especially since these were the first presidential elec-
tions since Montenegro's declaration of independence in 2006.

57.
emphasises the need for effective fiscal decentralisation
and supports the adoption of a law on the local government
assets in the wording proposed by the Standing Conference of
Towns and Municipalities.

49.
welcomes Montenegro's active contribution to stabilising
the region, especially its constructive approach in establishing
good bilateral relations with neighbouring countries and takes
into account the decision of its government regarding the recog-
nition of Kosovo's independence..

50.
welcomes the establishment of a European Commission
delegation in the capital, Podgorica, and is confident that it will
be a great help in facilitating and increasing communication
between the European Commission and Montenegro and
assisting the latter's efforts to join the EU.

calls for reform of the judiciary to be accelerated and the
51.
position of
the public administration to be strengthened;
supports further progress in administrative and judicial reform;
with a view to the implementation of
the Stabilisation and
Association Agreement, recommends strengthening administra-
tive, political and legal capacity.

calls on the appropriate authorities to do more to wipe
52.
out corruption in the central and local government institutions
and to combat organised crime, especially the trafficking of
drugs and other commodities.

welcomes the ratification of

58.
the European Charter of
Regional Self-Government by the Serbian parliament and its
entry into force on 1 January 2008.

59.
recommends the elaboration of a strategy for decentrali-
sation for the purpose of transparency and predictability of the
decentralisation process in Serbia; stresses the need to fortify
local institutions and proposes that special attention be devoted
to ensuring that the rights of national minorities and ethnic
groups are fully respected.

calls on Belgrade to accept the European Union Rule of

60.
Law Mission in Kosovo (EULEX).

Kosovo (under UNSC Resolution 1244/99)

supports

the continued deployment of

61.
the EULEX
mission despatched to Kosovo by the European Union and
welcomes the EU's commitment to shouldering much of the
responsibility for future developments in Kosovo; welcomes the
agreement on the transfer of powers from UNMIK to the EULEX
mission.

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welcomes

the results of

62.
the donors' conference on
Kosovo, organised by the European Commission on 11 July
2008 in Brussels and appreciates the EU's commitment
to
Kosovo and to the stability of the Western Balkans.

63.
supports the participation of Kosovo in regional initia-
tives, especially those that relate to the prospect of a future in
the EU for the Western Balkans, and points out that the acces-
sion of the Western Balkans to the European Union will not be
successfully concluded unless all the players in the region are
involved in the process.

notes that the new constitution enshrines the rights of

64.
the individual national communities.

interests of

65.
welcomes the creation of the Consultative Council for
Communities under the aegis of the president and the introduc-
tion of a double majority system under which issues pertaining
individual communities must be
to the vital
approved by a majority not only of legislators, but also of the
representatives of the individual communities. It also recom-
mends that the date on which this is brought into force be
agreed in coordination with members of
the international
community.

Brussels, 27 November 2008.

66.
hopes that the unilateral declaration of independence of
Kosovo will not raise new barriers to trade or to the movement
of people in the Balkans.

67.
supports keeping an international community presence
in Kosovo over the long term; calls on the international com-
munity to furnish substantial assistance in the implementation
of
the new constitution given the inadequate administrative
resources of the Kosovan institutions.

regrets that the administrative capacities remain insuffi-
to ensure efficient and transparent public service and

68.
cient
management of EU funds and programmes.

69.
urges national minority communities to take part in the
conduct of public affairs in Kosovo as provided for by the new
constitution and notes with regret the reluctance of Serbian
community representatives to take part in the shaping of public
administration institutions and in the democratic process of
choosing elected representatives for the Kosovo institutions.

70.
calls on the Kosovo authorities to respect the different
ethnic minorities and to fulfil all international requirements in
this respect.

The President

of the Committee of the Regions

Luc VAN DEN BRANDE