Republika e Kosovës
Republika Kosova-Republic of Kosovo
27 August 2015
BRIEF SUMMARY OF THE BRUSSELS AGREEMENT PACKAGE
The Brussels Agreement Package reached on 25 of August 2015 includes the following four agreements: agreement on country code, removal of obstacles by Serbia concerning the implementation of the agreement on energy, general principles on the establishment of the Association of the Serb majority municipalities in Kosovo and removal of the barricade from the Mitrovica Bridge.
The concluded Agreements have been signed by both states, the Republic of Kosovo and Serbia and the European Union, respectively by the Prime Ministers of both states and the High Representative of the European Union. These agreements, as well as all other agreements reached in the Brussels Dialogue have been reached in close cooperation with our international partners, the European Union and the US, which guarantee the full implementation by all parties.
This Agreement Package is in full compliance with the Constitution of the Republic of Kosovo and the laws applicable in the country as well as the Resolutions of the Assembly of the Republic of Kosovo on Brussels Dialogue.
Through these agreements, the Republic of Kosovo strengthened its state sovereignty and territorial integrity, and advanced its international position, by strengthening international support to Kosovo’s integration in the EU, NATO and UN as well as other relevant organizations. Agreements contribute to peace, good neighboring and regional stability, thus ending Serbia’s interference in Kosovo through dismantling Serbia’s parallel structure in the northern Kosovo and removal of obstacles for integration of Serbs into Kosovo’s state system. Agreements are of political, economic and security benefits and improve the life of citizens in our country. 2
Brief summary of the aforementioned agreements are as follows:
Telecommunication – Country Code for Kosovo
Kosovo is allocated the country code 383 from the ITU (International Telecommunication Union)
Austria will apply on behalf of Kosovo to request from the ITU to allocate the Country code to Kosovo.
Kosovo shall have all the country rights to administer its own Country Code as all other countries. Kosovo Telecom Regulatory Authority (RAEPC) will cooperate with the ITU for implementation of the Country Code for Kosovo.
From now on Kosovo will have only one Code; all other existing codes 381, 377, 386 will be cease existing as they are converted into 383 code.
All Serbia’s illegal operators of mobile and fixed telephony in Kosovo will be terminated, after 15 years of illegal operation since the end of war in Kosovo in 1999.
Calls from Kosovo to Serbia and vice versa will be international calls.
It will be offered a temporary permission for a limited scope of activities to a new company that will be registered under the Kosovo law. It will not be a third mobile operator in Kosovo, because in order to do so international tendering of multiple bidders is required as provided by legislation of the Republic of Kosovo. This temporary permission for this company will be valid until the opening of the international tender for a third mobile operator.
There will be a roaming and interconnection agreement between the two countries, respectively between the mobile operators of both countries, in order to lower the price of services for the citizens and increase of general income for our country.
The obstacles for changing from analog to digital transmission will be resolved, where the Republic of Kosovo will open its path for allocation of channels in sufficient transmission points, for covering the entire territory of the country without obstacles and interferences. 3
It opens the path toward achieving the technical agreement in postal services.
Kosovo acquires state sovereignty in the area of telecommunication, because the Country Code determines its international sovereignty and will be recognized worldwide though it’s Country Code. Moreover, this agreement opens the path to Kosovo’s membership in ITU.
The economic benefits are high because initially the operators are not anymore obliged to pay high financial costs due to the absence of the Code, which will also contribute in providing better quality and less expensive services to the customers. This will bring an end to the financial losses occurred due to the lack of the Country Code amounted to over 200 million Euros.
Energy – removal of Serbia’s obstacles on implementation of Energy agreement
This agreement reconfirms energy border between two states, Kosovo and Serbia, which was defined with Brussels Agreement on Energy. This means that Serbia recognizes the state of Kosovo in the area of energy.
Serbia agreed to remove obstacles it has posed on implementation of Brussels’ agreement on energy and the action plan.
Serbia committed to dissolve all its energy operators in north of Kosovo, an obligation that was delayed since September 2014, respectively upon signing the implementation action plan on energy.
Serbia agreed to remove its objections towards the ENTSO-E decisions on admission of Kosovo/KOSTT, as its equal member with equal rights as other states, in compliance with the Agreement on energy. In July 2015, ENTSO-E voted in favor of Kosovo/KOSTT membership in ENTSO-E, however Serbia in violation of the agreement has filed a complaint against ENTSO-E decision on Kosovo`s membership. With this agreement Serbia is obliged to withdraw its complaint, this will enable the final confirmation of KOSTT membership in EENTSO-E.
Membership of KOSTT in ENTSO confirms recognition of state sovereignty and territorial integrity of Kosovo in the field of energy transmission, thus recognizing Kosovo as 4
independent regulatory block of the European energy system.
This agreement ends any interference or allegation of Serbia towards energy system of the Republic of Kosovo. By this agreement Serbia recognized the denomination Republic of Kosovo as well as waived from its insistence to use the footnote in this document, considering that Serbian Prime Minister is the signatory party of this agreement.
Kosovo’s open market on energy supply and trade will enable a New Co registered in Kosovo to be granted a license for operation, in accordance with the Kosovo Law.
Kosovo’s economic benefits are significant since Serbia is obliged to pay compensations for using the energy transmission routes of Kosovo as well as for congestions created thereto, pursuant to international and European laws on energy and cooperation of states in the field of energy transmission. Based on our estimations, the annual benefits for Kosovo will be in millions of Euros.
The Association of Serb majority municipalities in Kosovo
The Agreement on basic principles of establishment of the Association of municipalities with Serb majority in Kosovo is in compliance with the Constitution of the Republic of Kosovo and its laws.
The Association will not have executive powers and will not be a third layer of governance in the Republic of Kosovo.
The Association will be a structure comprised of municipalities with Serb majority, which will act in full accordance with laws of the Republic of Kosovo assisting municipalities in accomplishing their local issues.
The Association is not entitled to take decisions for municipalities nor on behalf of its member municipalities, as according to the Kosovo Law, the municipalities have exclusive competencies for local issues and these competencies cannot be transferred to the Association.
The Association will not have civil servants but only ordinary employees.
The Association will not be able to provide services to citizens but only to its member municipalities. 5
Kosovo Law enables the creation of more association of municipalities in the state of Kosovo; hence, the creation of this association is in compliance with the laws of our sate and European Charter for Local Government.
Through this agreement, Kosovo will strengthen its sovereignty as an unitary state in accordance with its Constitution. The Constitution defines the Kosovo’s political system in two government levels, central and local level.
Serbia agreed to establish the Association of Serb majority municipalities in Kosovo in full compliance with the Constitution of the Republic of Kosovo and its legislation.
The Association will not be a budgetary organization of the Republic of Kosovo. It can benefit from the internal and external funds, same as another existing Association of municipalities of Kosovo.
The Association shall be subject to audit and procurement laws of the Republic of Kosovo. Any of its funding and expenditure will be within provisions of the applicable legislation of the Republic of Kosovo.
The Association has no mono-ethnic character because it is the Association of Serb majority municipalities and based on the official data they are represented with 15 % from the Albanian majority community and other communities.
Multiethnic character of these municipalities will also reflect in the composition Association structure; the same applies to its symbols which should be in compliance with the legislation of Kosovo and reflect its multiethnic character.
Based on the agreement, the Association will contribute to the full integration of Serbs into the constitutional and legal system of the Republic of Kosovo, which will result with the dismantlement of all Serbia’s local parallel structures in Kosovo.
Bodies of this Association will be similar to the existing Kosovo Municipality Association and as such, this Association will not perform other functions but those stipulated under Kosovo laws.
Its role will be only to represent and facilitate the normal functioning of Serb majority municipalities in Kosovo. The Association protects and promotes the interest of its members. In relation to central institutions it also promotes the rights of communities. Their protection and promotion is on the interest of the institutions of Republic of Kosovo.
All tasks and objectives of the Association are limited to the general overview on local 6
issues, without having the possibility of obtaining authorization in managing the local issues and neither of affecting the normal functioning of public authorities in central and local level of Republic of Kosovo;
The public authority remains exclusive to the Government of Republic of Kosovo or to municipalities depending on the type of public competencies.
Decisions of Association shall not be binding for its member municipalities. Municipalities have the competencies and responsibilities provided by law and regarding their provision they are reliable within the system of administrative supervision from the Government in accordance with the law.
The membership of municipalities in the Association is done on voluntary basis, as well as their withdrawal. Therefore, it’s about an organization of voluntary nature, as it was promoted by the European Charter of Local Self-Government.
Association can own movable or immovable assets under the same terms and rules as the existing Association of Kosovo Municipalities, but by no means shall be the owner of public assets in Kosovo weather central or local level assets.
Association shall not have any role in managing natural assets and resources of Kosovo.
Association might be exempt from taxes in accordance with the Kosovo relevant laws that regulate this matter.
Association is represented by its bodies within and outside Kosovo, in same manner as the existing association, in accordance with the Kosovo law. 7
Removal of barricade at Mitrovica Bridge
On 15 October 2015, shall be removed the barricade (“peace park”) from the Bridge of Iber river in Mitrovica by the EU.
The revitalization of the bridge shall be implemented and funded by the EU in accordance with agreed symmetric plan in both sides of the river Iber. The bridge will be opened for free movement of vehicles and pedestrians no later than June 2016.
This agreement ends the division of Mitrovica, because 15 years after the war in Kosovo, this bridge from a dividing one shall be turned into a uniting bridge for the citizens, city, and Kosovo.
This agreement ends informal construction and intentions of Serbia to change the ethnic structure in the villages of Suhadoll and Kroi i Vitakut, through supporting the Memorandum of Understanding between and Kosovo’s Ministry of Urban Planning (MESP) and two municipal mayors of Mitrovica on the Municipal Development Plan, in compliance with administrative boundary lines of cadastral zones of both these villages, as stipulated by the laws of the Republic of Kosovo.
EU and the Working Group, in cooperation with both municipal mayors, shall regularly monitor the political and security situation during the revitalization process
Minister of Dialogue