PURPOSE: to conclude a Stabilisation and Association
Agreement between the European Union and the European Atomic Energy
Community, of the one part, and of Kosovo, of the other
part.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the
act only if Parliament has given its consent to the act.
BACKGROUND: in June 2013, the Council authorised the
Commission to open negotiations with Kosovo on an EU-only
Stabilisation and Association Agreement and adopted negotiating
directives. The negotiations resulted in the initialling of the
draft text of the agreement on 25 July 2014 which is the subject of
this proposal.
CONTENT: in this proposal, the Council is called upon
to adopt the Stabilisation and Association Agreement between the
European Union and the European Atomic Energy Community, of the one
part, and of Kosovo, of the other part, on behalf of the European
Union, for the parts falling under the Treaty on European Union and
the Treaty on the Functioning of the European Union.
Characteristics of the agreement: the Agreement is based on similar agreement signed
with countries in the region, while taking into account that this
is an EU-only agreement, as well as Kosovos particular
situation.
Legal basis: a
First agreement on principles governing the normalisation of
relations was reached on 19 April 2013 in the framework of
the EU-facilitated dialogue. The Agreement as signed provides for
the establishment of an association between the EU and Kosovo
involving reciprocal rights and obligations, common actions and
special procedure. The decision to conclude this Agreement should
therefore be based on the legal basis providing for the
establishment of an association allowing the Union to enter into
commitments in all areas covered by the Treaties.
Main objectives of the Agreement: the Stabilisation and Association Agreement with
Kosovo provides for wide-ranging cooperation:
- political dialogue: the
agreement provides for a framework for political dialogue with
Kosovo, both at a bilateral and regional level. It promotes
regional cooperation and Kosovo makes a strong commitment in the
agreement to the normalisation of relations with
Serbia;
- trade cooperation: the
deepening of economic and trade relations is one of the main goals
of the agreement. The agreement sets out the perspective of
establishing a free trade area covering goods and services,
consistent with the relevant WTO principles, after a transitional
period in specific areas. The length of the transitional period was
established during the negotiations in light of the state of
preparation of Kosovo.
- internal market: the
agreement also includes provisions on establishment, supply of
services, current payments and movement of capital. It includes the
commitment by Kosovo to progressively harmonise its legislation
with that of the EU, notably in key areas of the internal market.
It establishes relations covering almost all areas of EU interest,
including justice and home affairs, which is limited to technical,
financial and economic aspects.
Overall, the cooperation is underpinned by EU
financial and technical assistance, which provides Kosovo with the
necessary support and assistance in the implementation of certain
aspects of the agreement.
Recognition of Kosovos international
status: it is important to note that
the conclusion of the future agreement is without prejudice to
Member States' position on the status of Kosovo, which will be
decided in accordance with their national practice and
international law.
None of the terms, wording or definitions used in this
proposal and the attached text of the Agreement, nor any recourse
to all the necessary legal bases for the conclusion of the
Agreement constitute recognition of Kosovo by the Union as an
independent State nor does it constitute recognition by individual
Member States of Kosovo in that capacity where they have not taken
such a step.