Arrangements concerning the finalization of implementation of 2011 freedom of movement- Brussels

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Country/entity: Kosovo
Serbia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Arrangements concerning the finalization of implementation of 2011 freedom of movement- Brussels
Date: 14 Sep 2016
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Kosovo-Serbia Normalisation Process
Parties: Agreement unsigned, parties believed to be Edita Tahiri, Minister for Dialogue, Kosovo, and Marko Djuric, Chief Negotiator for the Dialogue, Serbia
Third parties: Agreement unsigned, meeting facilitated by European Union External Action Service
Description: Short agreement to implement 2011 freedom of movement agreement, by agreeing modalities to register license plates, and implement a sticker regime in order for parties to cover relevant parts of respective licence plates (state symbols) with white stickers, in order to facilitate travel across both Kosovo and Serbia

Agreement document: KV_160914_Arrangements concerning the finalization of implementation of 2011 freedom of movement- Brussels, 14 September 2016.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Summary: the entire agreement implements a sticker regime in order for parties to cover relevant parts of respective licence plates (state symbols) with white stickers, in order to facilitate travel across both Kosovo and Serbia, especially for Kosovo Serbs.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Summary: agreement in its entirety provides for implementing an earlier agreement on freedom of movement, by agreeing a solution to parallel licence plate use.

Page 1, 1. The parties agree to cover relevant parts of the respective license plates with two white stickers.

Page 1, 2. This sticker regime will enter into force on November 15th of 2016.

Page 1, 3. The administrative infrastructure for the issuance of all documents needed to register vehicles with license plates issued by Kosovo authorities will be in place on November 15th of 2016.

Page 1, 4. The registration of all vehicles with license plates issued by Kosovo authorities (RS/RKS) will start on January 15th of2017 and will last for 12 months at the end of which the issue will be reviewed by the two parties with the facilitation provided by EU.

Page 1, 5. Kosovo will extend the validity of KS license plates for 5 years at the end of which the issue will be reviewed by the two parties (with the facilitation provided by EU, if required).

Page 1, 6. Exceptions from duties and fees for the registration of vehicles will be granted by Kosovo as in same manners as in previous such occasions. Close and shift cooperation will be established between the two parties to verify legal ownership of vehicles.

Page 1, 7. An information campaign will be carried out by the two parties and EU to explain to the affected residents’ modalities for re-registering vehicles. Further discussions on scope and modalities on such an informative campaign will be discussed in the implementation group.

Page, 1. 8. License plates affected by the registration process will not be affected by the sticker regime.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
Page 1, 6. Exceptions from duties and fees for the registration of vehicles will be granted by Kosovo as in same manners as in previous such occasions. Close and shift cooperation will be established between the two parties to verify legal ownership of vehicles.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Government of the Republic of Serbia, Negotiation process with Pristina
http://www.kim.gov.rs/eng/pregovaracki-proces.php

Arrangements concerning the finalization of implementation of 2011 freedom of movement- Brussels, 14 September 2016

1. The parties agree to cover relevant parts of the respective license plates with two white stickers.

2. This sticker regime will enter into force on November 15th of 2016.

3. The administrative infrastructure for the issuance of all documents needed to register vehicles with license plates issued by Kosovo authorities will be in place on November 15th of 2016.

4. The registration of all vehicles with license plates issued by Kosovo authorities (RS/RKS) will start on January 15th of2017 and will last for 12 months at the end of which the issue will be reviewed by the two parties with the facilitation provided by EU.

5. Kosovo will extend the validity of KS license plates for 5 years at the end of which the issue will be reviewed by the two parties (with the facilitation provided by EU, if required).

6. Exceptions from duties and fees for the registration of vehicles will be granted by Kosovo as in same manners as in previous such occasions.

Close and shift cooperation will be established between the two parties to verify legal ownership of vehicles.

7. An information campaign will be carried out by the two parties and EU to explain to the affected residents’ modalities for re-registering vehicles.

Further discussions on scope and modalities on such an informative campaign will be discussed in the implementation group.

8. License plates affected by the registration process will not be affected by the sticker regime.

9. Due to the sensitivities attached to the above, parties agree to review the implementation of these conclusions at regular intervals.