I apologise at the outset. The nature of what we are doing here is necessarily complex and given that I have an aversion to jargon, I will try to edit as I go.
As members of the committee will be aware, the Minister for Foreign Affairs has proposed that Dáil Éireann approves the terms of the stabilisation and association agreements between the European Communities, the EU member states and the Republic of Montenegro and Bosnia-Herzegovina. The Minister for Foreign Affairs has also proposed that Dáil Éireann approves the partnership and co-operation agreement between the European Communities, the member states and Turkmenistan. The Select Committee on Foreign Affairs has been asked to consider these issues.
The three agreements with which we are dealing involve mixed competence, in other words, some of the issues covered fall clearly within the exclusive competence of the Union — economic and trade relations being the primary example — while some others are competence of the individual member states of the Union. The main examples of the issues which remain within the competence of the member states are political issues and issues in the area of justice and home affairs, for example, those related to migration and visas are clearly matters for national competence.
Where EU agreements with third countries involving mixed competence arise, they are negotiated on behalf of the European Community and the member states and the third country or other region concerned on the basis of a mandate agreed by the Council of Ministers. When negotiations are completed the agreements are signed on behalf of the Community and the member states. Before they can formally enter into force, they must be ratified or approved on behalf of all parties, including the individual EU member states. Therefore, it is a necessarily complex process.
As the ratification process in the individual member states can sometimes take a considerable length of time, arrangements are usually made for the European Community to enter into an interim agreement with the other party. Such an interim agreement covers only those areas that fall within the exclusive competence of the Community — mainly economic and trade matters — and which can be applied immediately pending formal ratification of the main agreements by the individual member states.
Interim agreements are in force with all three countries with which we are dealing today. I propose to deal first with Montenegro and then with Bosnia-Herzegovina. The motions which Dáil Éireann has been asked to approve are:
That Dáil Éireann approves the terms of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, signed at Luxembourg on 15th October 2007, which was laid before Dáil Éireann on 24th January 2008.
That Dáil Éireann approves the terms of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, signed at Luxembourg on 16th June 2008, which was laid before Dáil Éireann on 20th January 2009.
By way of background, in June 1999 the General Affairs and External Relations Council agreed to establish a stabilisation and association process for south-east Europe, the aim of which was to strengthen political and economic stability in the region. By any objective standards, it has been a successful process. It provides for the negotiation of stabilisation and association agreements for the countries of the region in return for compliance with certain conditions. The main aim of the stabilisation and association agreements is to bring the countries involved closer to EU standards in areas of democracy, the rule of law, human rights considerations, etc.
In June 2003, the Thessaloníki EU-Western Balkans Summit confirmed the EU's support for the European perspective of the western Balkans countries. At Thessaloníki, the EU further expressed a readiness to assist these countries in their preparation for future integration into European structures and ultimate prospective membership of the Union.
The EU's policy to support a European perspective for each of the countries of the western Balkans has been a major factor in bringing stability to the region as it continues its recovery from the wars of the 1990s. Ireland remains committed to this policy. It is a very successful peace process.
Since its separation from Serbia in 2006, a peaceful transition to democracy has taken place in Montenegro which is a positive example for other countries of the region. The process contributes to the stability of the western Balkans region as a whole. The forthcoming parliamentary elections in Montenegro, scheduled for 29 March, are expected to confirm that Montenegro continues to adhere to acceptable processes for conducting elections. Such an outcome would be viewed positively by the international community, including EU member states, particularly in light of the recent application for EU membership lodged by Montenegro on 15 December 2008. Consideration is being given to referring Montenegro's membership application to the Commission for an opinion, a process which will take up to 15 months. Any decision on such a referral would have to be taken by the Council and it is hoped that agreement on this issue can be reached at the General Affairs and External Relations Council, GAERC, in March.
The November 2008 GAERC, on the other hand, noted that there was regrettably a lack of progress achieved since the signing in June last of the stabilisation and association agreement with Bosnia-Herzegovina. Despite increased EU engagement and support, there was a lack of political progress and there is also a deterioration in the political atmosphere accompanied by a gradual drifting apart of the communities in Bosnia-Herzegovina, and this process will clearly be difficult to reverse. This development was marked in particular by an apparent failure to move towards fulfilment of the conditions required for transition from the Office of the High Representative, OHR, to that of EU special representative. Ministers also had an opportunity to discuss Bosnia-Herzegovina at Monday's GAERC where concern was expressed about recent developments. However, there was a widely shared recognition that transition from OHR remains the best way forward, provided all the necessary conditions are met by the political leadership in Bosnia-Herzegovina.
The November GAERC meeting also highlighted by contrast the progress made by Operation ALTHEA in accomplishing its mandate. Accordingly, the Council considered that preparations for restructuring the operation should continue, taking into account the future role of the EU special representative. Since the November GAERC meeting, it is fair to say there has been some measurable political progress in Bosnia-Herzegovina, most notably in the agreement between representatives of the communities reached in Banja Luka last month. While this must be welcomed, it remains to be seen whether there is a consensus on implementing the agreement.
The stabilisation and association agreements with Croatia and the Former Yugoslav Republic of Macedonia have been ratified by all the EU member states and have already entered into force. An agreement was signed with Albania on 12 June 2006 but, pending ratification by all the member states, it has not yet entered into force. Following consideration by the committee and with the approval of Dáil Éireann, Ireland ratified the agreement with Albania on 11 June 2007.
A stabilisation and association agreement and an interim agreement with Serbia were signed on 29 April 2008. However, at the time of signature, the Council of Ministers decided that the procedures for formal ratification of the stabilisation and association agreement and implementation of the interim agreement would begin only when it decided unanimously that Serbia was co-operating fully with the International Criminal Tribunal for the former Yugoslavia, ICTY. As members will be aware, a number of issues have arisen in respect of the ICTY.
There are no proposals to enter negotiations on a stabilisation and association agreement with Kosovo which celebrated the first anniversary of its declaration of independence on 17 February 2008. Immediately following the declaration, EU Foreign Ministers agreed a common response reaffirming the European Union's willingness to play a leading role in strengthening stability, including by means of the ESDP rule of law mission — EULEX KOSOVO. It also agreed that member states would decide, in accordance with national practice and international law, on their relations with Kosovo.
EU member states, including Ireland, have recognised Kosovo's independence. After the coming into force of the new Kosovan constitution on 15 June, the European Union's main aim has been the smooth transition from the UN mission — UNMIK — to EULEX KOSOVO. The latter declared initial operating capability on 9 December throughout Kosovo, including in the Serb majority areas in the north, without serious incident. That is a welcome development. The mission is expected to reach full operational capacity in the coming weeks and includes eight members of the Garda Síochána and one support staff member from the Department of Defence. During a visit to Kosovo last December the Taoiseach and the Minister for Defence met members of the 233-strong UN-mandated KFOR peacekeeping force and Garda members of EULEX. The visit also included a meeting with President Sejdiu and Prime Minister Thaci.
The stabilisation and association agreements with Montenegro and Bosnia-Herzegovina follow the standard format and are similar in form and content to those with Croatia, the Former Yugoslav Republic of Montenegro and Albania. The agreements cover a wide range of issues focusing on: trade liberalisation in goods and other trade-related issues — for example, services, government procurement, intellectual property protection and competition issues; political dialogue; trying to bring legal systems into something approaching approximation; regional co-operation; and other areas such as industry, the environment and energy. With regard to trade in goods, the aim of the agreements is to progressively establish a free trade area among the European Union and the countries of the region on the basis of reciprocity but in an asymmetric manner.
The European Union has, for the most part, largely liberalised its import trade with the countries of the western Balkans. In 2000 it granted autonomous trade measures to beneficiary countries and territories of the region. As the agreements are being negotiated, implemented and developed, the appropriate changes and amendments to the scheme of autonomous preferences are being made. Croatia has been recognised as a candidate for membership of the Union and negotiations are entering the decisive phase, with the possibility of completion by the end of 2009 or soon after the Former Yugoslav Republic of Macedonia has also been granted candidate status. However, no date for the beginning of accession negotiations has yet been agreed.