Tanja Miščević for NIN: Serbia will align all systemic laws with EU regulations by 2027

October 10 2024 | Belgrade

Tanja Miščević for NIN: Serbia will align all systemic laws with EU regulations by 2027

“The most important things we must do by the end of this year as part of the EU Growth Plan for the Western Balkans are technical adjustments in the area of energy supply diversification and the activities of the working group in the parliament dealing with the implementation of ODIHR recommendations since it is essential to balance measures that aim to improve socio-economic development with those related to the rule of law,” says Minister of European Integration Tanja Miščević in an interview with NIN.

How did the Western Balkans fare in Brussels at the recent meeting between leaders and European Commission officials? Serbia has been allocated EUR 1.5 billion. When can we expect to access that money?

Pre-financing begins as soon as the EU regulations come into effect and the financial assistance and loan agreements are ratified, as these are new financial instruments. Based on all these decisions, the first tranche will come – these are the initial funds to be invested in reforms, whose completion we need to demonstrate by the end of the year. There are six important measures we must fulfil, which we ourselves have foreseen. In addition to progress in energy supply diversification, the most important work is being done by the working group in the parliament that is focused on implementing the ODIHR recommendations since it is essential to balance measures that aim to improve socio-economic development with those related to the rule of law, especially in the area of stable democratic institutions.

Is EU enlargement back on the agenda?

Ms. von der Leyen has made enlargement a top priority in the agenda of the European Commission, which she is leading for the second time. It is presented as one of the most successful EU policies. She mentioned it in the instructions for the proposed commissioners. What is most important is that, after ten years, we finally have a commissioner for enlargement – this should be Slovenia’s Marta Kos. Until now, there was a commissioner for membership negotiations and neighbourhood policy. We waited a long time for enlargement to once again be a clear priority for the EU, even terminologically.

The EU Growth Plan for the Western Balkans also includes regional market integration and integration into the EU single market?

This meeting was convened by European Commission President Ursula von der Leyen to announce the completion of negotiations on reform agendas and to continue the discussion on what is called accelerated integration into the EU single market. We are particularly interested in green corridors or improved customs procedures. Another topic is integration into the single euro payments system, as well as the agreement on product conformity certification – several months ago, we applied to start talks on this topic, being the first from the Western Balkans to do so. There are many other activities that result from the fact that we have reached standards in many common policies that could enable us to participate in the EU single market. However, it must be emphasised that accelerated integration depends on progress in regional integration. These are issues for both the EU and the Berlin Process. Serbia has no problems with regional integration; on the contrary – unlike some others, we are very constructive.

What exactly does the single market mean?

Since 2020, we have had an action plan for the region’s single market. Discussions are now underway on what the next steps in this process will look like. Some measures have already been implemented, such as the abolition of roaming, mutual recognition of diplomas and qualifications, and travel with an ID card. Now, the proposal for the regional market follows what is called integration into the European market, and three key areas have been identified. The first is “green corridors,” which will accelerate customs procedures between the Western Balkans and the Schengen area. For example, to prevent trucks from waiting so long at Batrovci and Horgoš. The key is to align procedures and improve border crossing infrastructure.

The second area is SEPA, the Single Euro Payments Area, which has the potential to be realised by the end of the year. This would allow companies and individuals to make money transfers much more cheaply. An example of how important this is can be seen in remittances. Our citizens pay around EUR 0.5 billion in transfer fees on annual remittances, which total around EUR 2 billion. These are very high costs – one-quarter of the total funds, which can be used for development improvements. As for Serbia, we are waiting for the findings from the relevant directorate of the European Commission, which is conducting an analysis of our laws and practices and should give us recommendations on what else we need to do to join SEPA.

Do all the states in the region have to align simultaneously for this to take effect?

No, whoever finishes the work first can join first.

And the third area?

The third area is the agreement on product conformity, known as the ACAA agreement. Serbia was the first from the Western Balkans to apply for negotiations on this agreement. The idea, which stems from the Stabilisation and Association Agreement, is that if a state can produce goods fully in accordance with European standards – covering the entire chain, from raw materials to production, packaging, and transportation – those goods can receive the CE mark, the symbol indicating that they are produced as if within the EU. This is important because such goods travel absolutely without any restrictions, even to third markets. These days, we are having the first discussions, as the European Commission needs to assess the entire production chain so that we can receive the green light for our goods to bear the CE mark.

Is the mark granted to the entire state or to specific products?

It is awarded by product type for those that are ready. In our case, there are four product groups, including home appliances and electrical materials, for which we already meet the conditions. There is great potential there. In fact, the growth plan not only provides funding, the EUR 1.5 billion, but also gives us the opportunity to reduce business costs with the EU and the potential to participate in the single market.

One of the four key points of the Growth Plan is accelerating fundamental reforms. Serbia has issues with basic matters such as the electoral process. The working group which you mentioned is supposed to propose ways to implement the OSCE recommendations but has been blocked by government representatives, according to Nemanja Nenadić, its head. How will we resolve this issue?

The working group was formed in the Assembly, and it is important to note that it is led by someone who is not a party representative. Everyone must participate – both ruling and opposition parties. There are constant discussions with ODIHR on how to implement the recommendations. This is a matter of agreement with those who have expertise in this area, and their work is monitored by the European Commission. When it comes to drafting laws, consultations often take place with the Venice Commission and other expert international organisations. As I understand it, there is a political agreement between both the government and the opposition that the issue of ODIHR recommendations will be addressed by the Assembly, and we are waiting for the results of their work.

The EU has also stipulated “payment conditions,” meaning, in simple terms, there will be no funds until reforms are visible.

The reform agenda contains 98 indicators. They are defined in four areas. The issue of ODIHR recommendations falls under the section called “Fundamentals.” Additionally, there are areas related to improving the business environment, green and digital transitions, and enhancing human capacities for implementing reforms. We have outlined the steps in these four areas that must be taken by the end of 2027. Their fulfilment is a condition for us to receive funds. We are serious about avoiding delays, less so because of the money and more because of Serbia’s credibility, which is very important. We are also trying to involve civil society in the monitoring and reporting process because reforms are never just the task of the government and parliament.

The accession process was practically frozen for a long time. It seems the war in Ukraine has changed things. Do you agree with that assessment?

Absolutely. After a period often referred to as enlargement fatigue, which followed the great enlargement and then a period of economic crisis in which Europe did not perform its best, things are changing. For a long period, enlargement was not on the EU agenda. Now, we are in a completely different situation, driven by geopolitics, geo-economics, and, I would say, the pandemic. The pandemic showed that the EU needs to rely on those closest to it, and there is no one closer than the Western Balkans region.

And now the Western Balkans appear like a black hole on the EU map.

I like to call it a space of possibilities. It has become clear how important this area is in terms of migration, for example. At this moment, the Balkan route is completely closed. Serbia played a key role in that, i.e. the Ministry of Interior’s border police and all others dealing with the migration issue. Secondly, critical materials are of great importance. The European Union was originally formed as a community for coal and steel because there was a need for a joint response to the problem of producing key raw materials. Coal and steel were critical materials then, followed by atomic energy. Now, there is renewed thinking along these lines. What is different compared to that time are environmental protection standards. They did not exist during the coal and steel era, but today, those standards are the highest in the world. Europe is the first continent to have created a clear strategy for banning CO2 emissions by 2050. Additionally, production chains and security issues are also very important.

What about political influence? Why does the EU allow Russian and Chinese political influence in the Western Balkans? The total population of the five Balkan states is 16.5 million. If the EU were to immediately admit us, it would not even notice, given that its population is around 450 million people. On the other hand, this would eliminate both political and economic influence from Russia and China, stabilise the situation in Bosnia and Herzegovina, and improve relations between Belgrade and Priština.

We use all of these arguments in Brussels. You know, Serbia has been aligning with EU law for over 20 years. To provide a better assessment of the rule of law in Serbia, we have become part of the monitoring mechanism used for all EU Member States. Based on that report, we see that we are following the necessary reforms in the area of the rule of law in the same way as Member States, and we are facing the same challenges in areas such as the judiciary, media, and anti-corruption efforts, just like they are. All countries continuously implement reforms in the area of the rule of law because they never stop. And that is not an excuse to stop working in this area – on the contrary. In other areas, the situation also changes daily, and we must constantly monitor it and align further. A few months ago, a document on artificial intelligence was adopted. Imagine how many novelties that will encourage in the coming years, not only in that area, but I am also thinking about how it will impact the rule of law. There are also the areas of environmental protection and food safety, which are areas that evolve, and it is very difficult to keep pace with these developments. The fact that we are small and few in number is also part of our argument in discussions with EU representatives. Our entire region is smaller than Romania. With Romania and Bulgaria joining the Schengen system – putting us into a trial period – we will soon find ourselves in a strange situation as both an internal and an external border of the European Union.

I would like to specifically mention the Schengen entry and exit systems and the ETIAS system, which will be implemented in November, or rather in January 2025, for entry into the EU. People often ask us whether this is the return of visas – I categorically answer: it is not! It is about EU databases that we are joining as a country negotiating membership and one that is not required visas to enter the EU.

A very important segment of our relationship and partnership with the EU concerns migration. Migration is needed by Europe; it needs the workforce, and in Mario Draghi’s report on competitiveness, it is mentioned as one of the biggest challenges. However, Europe does not need illegal migration, and this is where our role is crucial. At this moment, illegal border crossings between Serbia and Hungary are at zero, and crossings at all other borders have decreased by 70 per cent. Europe also greatly appreciates our fight against trafficking groups.

The EU’s representative for the Belgrade–Priština dialogue, Miroslav Lajčák, has mentioned 2028 as a possible date for the region’s entry into the Union. It seems unrealistic, considering the standards that have been in place until now.

I will try to answer with the example of the cluster we have been trying to open for three years – Competitiveness and Inclusive Growth. There are eight chapters in this cluster, and we still need to open three. The European Commission has no objections and has been repeating for three years that Serbia, based on the fulfilment of conditions, is ready to open the entire cluster. However, the obstacle is the geopolitical segment – aligning with EU common foreign policy declarations. Of course, there is also the Belgrade–Priština dialogue, and currently, no one can say that Serbia is not a constructive partner in that dialogue. Knowing that these are the elements being evaluated, it is very difficult to speak about any specific year. For our internal needs, we have defined 2027 as the year by which we will align all systemic laws with EU regulations, which corresponds to the reform agenda from the Growth Plan. However, the accession decision is up to each of the 27 EU Member States of the Union, and it is always a political decision.

What is your personal opinion? Will all of us from the Balkans collectively join the EU or individually?

We are not all on the same level when it comes to the EU accession process, and we face different political challenges. Serbia faces a major challenge in Chapter 35, but we have been negotiating for ten years, while Albania and North Macedonia have not opened a single cluster. What has been done in Serbia so far is significant progress in reaching EU standards.

What is happening with the 20 opened chapters, especially the most difficult ones, Chapter 23, which refers to the judiciary and Chapter 24, concerning freedom and security?

Of course, work is ongoing. First, there are constitutional amendments, then changes to media laws, and a new anti-corruption strategy – these are all benchmarks defined when Chapters 23 and 24 were opened. Since 2016, for both chapters, there has been a monitoring mechanism for the implementation of the action plans. We are currently working on a self-assessment of the fulfilment of interim benchmarks, consulting with the European Commission, and we want to know what is left for us to do in order to proceed toward a document confirming their fulfilment, known as IBAR. This document is also important for continuing reforms in these areas, but it is also a condition for beginning to close certain negotiation chapters.

Will our recognition of Kosovo be a formal condition for Serbia’s EU accession?

How can it be a formal condition when there are five EU Member States that do not recognise the unilaterally declared independence of so-called Kosovo? The condition that can be required of us is one on which there is unanimity among Member States. It is very clearly defined, since the beginning of the negotiation process, what the condition is for closing Chapter 35, which involves monitoring the Belgrade–Priština dialogue. And that condition is a comprehensive agreement on the normalisation of relations. That is why efforts are being made to normalise the lives of citizens, regardless of their nationality, to calm the situation and establish normal living conditions. The status has never been a subject of the normalisation dialogue.

Former Italian Prime Minister Mario Draghi presented a report on the future of Europe. It mentions five mines of critical raw materials in Serbia – lithium in Jadar and four for nickel and cobalt, one of which is in Kosovo. Serbia has signed a strategic partnership with the EU on sustainable raw materials. How much can such an agreement help us on our path to the EU? Some of the public say that we will be admitted to the EU more quickly because they need our lithium, cobalt, and nickel.

They need critical materials, and they have given us the opportunity. It is up to us whether we will take advantage of that opportunity. The EU will not wait long – it will have to adapt and look for other options. Let me remind you that the Growth Plan, as one of the areas for the inclusion of the entire region, envisions what we call production chains, and this applies to critical materials and critical medicines. Through the Memorandum of Cooperation, we have shown that, in the area of electric vehicle production, we are probably the only country in Europe that can have the entire production chain – from mining, battery production, cathodes, and anodes to battery recycling and electric vehicle manufacturing. This is potential, and it is up to us to decide whether we will utilise it.

But what if we say we do not want to mine lithium?

But that is not a condition. They say it is up to you to decide within your country whether you will use the full potential. However, as far as I can see, there is still plenty of room for discussion on this matter. We can receive expertise and technical assistance from abroad, from both EU and non-EU Member States.

Has there been any discussion about technical assistance, specifically for Jadar?

Many EU and non-EU Member States offer assistance. Sweden offers any help needed to learn about green mining, and I am sure you know that Sweden is a champion in that field. Japan also offered, with its experience in battery production, and so did Norway, to name just a few. The key thing is our good understanding – each and every one of us, the citizens of this country – of what this opportunity can bring, how we protect the environment and each of us individually, and what guarantees we must ensure for everyone to feel protected.