The Council of the European Union (EU) requests the European Commission and High Representative Josep Borrell to urgently propose to the Council, before the end of January 2024, the amendments to the benchmarks of Chapter 35 of Serbia’s accession negotiations to reflect Serbia’s obligations stemming from the Agreement on the Path to Normalization between Kosovo and Serbia and its Implementation Annex, read the conclusions of the Council of the EU adopted Tuesday.

The Council of the EU further said that it welcomes the Agreement on the Path to Normalization between Kosovo and Serbia, reached on February 27 in Brussels, and its Implementation Annex agreed on on March 18 in Ohrid, and regrets the lack of implementation by both parties, as well as other pending commitments reached in the EU-facilitated Dialogue.

The conclusions read that the Council “calls on Serbia and Kosovo to fully respect and implement them, without further delay and preconditions. This includes the establishment of the Association/Community of Serb Majority Municipalities.

The Council welcomes Serbia’s and Kosovo’s readiness to accept the draft statute presented to the parties by the EU Facilitator, on the understanding that further work needs to be done on this basis.”

The Council said that normalization of relations and implementing their Dialogue commitments are essential conditions on the European path of both Serbia and Kosovo and both risk losing important opportunities in absence of progress.

“The Council recalls that Serbia’s progress on the rule of law and the normalization of relations with Kosovo will continue to determine the overall pace of accession negotiations,” read the conclusions, in which the Council reiterated its concern over the situation in the media and the handling of war crimes in Serbia.

The Council said that it expects both Serbia and Kosovo to find a sustainable solution to the situation in the north of Kosovo that guarantees safety, security and participatory democracy for all citizens.

Serbia is expected to engage in the EU-facilitated Dialogue in good faith and in the spirit of compromise to achieve a comprehensive legally binding agreement with Kosovo on normalization of relations in accordance with international law and EU acquis with no further delay.

This agreement should address all key outstanding issues and thus contribute to regional stability, the Council added.

The Council reiterated that there is no justification for violence and said it strongly condemns the “violent acts by Kosovo Serbs protesters against citizens, KFOR troops, law enforcement, and media on 29 May 2023 and the violent attack against Kosovo Police on 24 September 2023 in the north of Kosovo.”

The Council expects Serbia to fully cooperate and take all the necessary measures to apprehend and swiftly bring to justice the perpetrators of the attacks, regrets that Serbia has taken insufficient actions in this respect and expresses concern about the repeated military build-ups by Serbia in the vicinity of Kosovo, and says that it has taken note of the subsequent reduction of troops and equipment.

Serbia and Kosovo must pursue sustained de-escalation efforts, refrain from unilateral and provocative actions that could lead to tensions and violence and stop divisive rhetoric, said the Council, adding that it welcomes that Serbia has taken some steps in the right direction, including by publicly encouraging Kosovo Serbs to participate in the local elections in the north of Kosovo.

Serbia is asked to encourage the Kosovo Serbs to return to institutions that they left.

The Council reiterated that failure by the parties to de-escalate tensions will have consequences.

The Council reiterated its strong expectation of Serbia to step up its efforts towards full alignment with EU Common Foreign and Security Policy positions and restrictive measures, including on Russia and Belarus, as a matter of utmost priority.

The Council also called on Serbian authorities to refrain from actions and statements against the EU positions on foreign policy and other strategic matters.

It said it takes good note of Serbia´s humanitarian and other assistance to Ukraine, welcomes Serbia’s improved cooperation with the EU on preventing the circumvention of EU restrictive measures and welcomes Serbia’s continued active participation in and important contribution to EU missions and operations under the EU Common Security and Defense Policy (CSDP).

It particularly stressed the need for Serbia to fully meet its commitment to align with EU visa policy.

The Council welcomed that Serbia has maintained its commitment in a number of regional cooperation initiatives and said it encourages Serbia to further strengthen good neighborly relations and contribute to stability and reconciliation with all partners in the region.

In its conclusions, the Council asks Serbia to continue to focus on the fulfillment of the interim benchmarks of the rule of law chapters 23 and 24. It welcomes the timely adoption of five laws implementing the 2022 constitutional amendments, but says that further work and political commitment are needed to implement reforms in fundamental areas, including on judiciary.

The Council underlined the need for Serbia to step up its efforts in the fight against corruption and organized crime and to achieve tangible results and a convincing track record with effective investigations, prosecutions, final convictions, freezing and confiscation of criminal assets.

It also reiterated its concern about the situation in the media and handling of war crimes in Serbia. Belgrade is asked to step up efforts on the effective implementation of its media strategy action plan. Underscored in the conclusions is the importance of meaningful regional cooperation in the domestic handling of war crimes, resolving the remaining cases of missing persons and full cooperation with the International Residual Mechanism for Criminal Tribunals.

The Council reiterated the call on Serbian authorities to communicate objectively and unambiguously on the EU, and to actively engage in preventing and tackling all forms of disinformation and foreign information manipulation in all media channels.

In order to improve the conditions for the proper functioning of democratic institutions, the Council strongly encourages Serbia to address the long-standing OSCE/ODIHR and Council of Europe bodies’ recommendations, including those pertaining to key aspects of the electoral process.

In its conclusions, the Council acknowledges the Commission’s assessment that Serbia maintains its level of preparedness on the opening benchmarks in cluster 3 (Competitiveness and inclusive growth) and welcomes Serbia’s good level of preparation on the economic criteria.