Accession of Bosnia and Herzegovina to the European Union
Encyclopedia
The accession of Bosnia and Herzegovina
to the European Union
is the aim of the present relations between the two entities. Bosnia and Herzegovina
has been recognised by the EU as a "potential candidate country" for accession since the decision of the European Council
in Thessaloniki
in 2003. Bosnia and Herzegovina takes part in the Stabilization and Association Process, and the relative bilateral SAA agreement has been signed in 2008, ratified in 2010, but it is still not into force. Meanwhile, the trade bilateral relations are regulated by an Interim Agreement. Bosnia has not yet formally applied for EU membership, and it thus remains a potential candidate country.http://ec.europa.eu/enlargement/potential-candidate-countries/bosnia_and_herzegovina/eu_bosnia_and_herzegovina_relations_en.htm European Commission, DG Enlargement, Bosnia and Herzegovina
The nation has recently been making slow but steady progress, including co-operation with the war crimes tribunal
at The Hague
.
The EU established a regional approach to the Western Balkans already in 1997, with political and economic conditionality criteria for the development of bilateral relations. The following year, a EU/Bosnia and Herzegovina Consultative Task Force was put in place to start the process. Since 2006, the task force is replaced by the Reform Process Monitoring (RPM).
(SAP) for the five countries of the region, including Bosnia and Herzegovina, was proposed in 1999. In June 2000, the European Council
in Feira recognised that all the SAP countries are "potential candidates" for EU membership. In November of the same year, the regional SAP process was launched at the Zagreb
summit.
The process towards the signature of a Stabilisation and Association Agreement (SAA) began in 2003 with a feasibility study by the Commission on Bosnia and Herzegovina's capacity to implement the SAA. The same year, in June, the European Council
in Thessaloniki
confirmed the SAP as the main framework of ther relations between the EU and the Western Balkans, recalling the perspective of accession for all the countries of the region.
(SAA) – the first step before applying for membership – started in 2005 and were originally expected to be finalised in late 2007. The negotiations stalled due to a disagreement over police reform, which the EU insisted on centralising away from the entities of Bosnia and Herzegovina. The SAA was initialled on 4 December 2007, and, following the adoption of the police reforms in April 2008, the SAA was signed on 16 June 2008.
Reforms promised by the Prud Agreement
would “build the ability of the State to meet the requirements of the EU integration process”.
The last ratification of the SAA by a EU country, France, came in February 2011. The SAA should have gone into effect within 40 days, but its entry into effect was frozen since Bosnia and Herzegovina was still not complying with its previous obligations, a situation that would have led to the immediate suspension of the SAA. The obligations to be met by Bosnia before the SAA could come into effect include the adoption of state laws on state aids and on the national census
, and the implementation of the Finci and Sejdic ruling of the ECHR requiring an amendment to the Constitution
to allow members of national minorities to be elected within the Presidency of Bosnia and Herzegovina
and to gain seats in the House of Peoples
. The adoption of state laws on the issues above are prevented by the opposition of the government of the Republika Srpska
, which considers such issues a matter of exclusive competence of the two entities of Bosnia and Herzegovina.
Unilateral trade preferences were introduced by the EU for Bosnia and Herzegovina in the year 2000. Trade increased since 2008, and the EU products have been granted reciprocal preference in Bosnia and Herzegovina too.
adopted a new European Partnership with Bosnia and Herzegovina on 18 February 2008, setting the short-term and mid-term priorities for EU assistance to Bosnia and Herzegovina through IPA funds.
(IPA) funds. As a "potential candidate country", Bosnia is allowed to finance projects under the first two IPA components, Transition Assistance and Institution Building and Cross-Border Cooperation. The eligibility for the three advanced IPA components will be conditional on Bosnia’s acquisition of EU candidacy status and its implementation of a Decentralised Implementation System, streamlining administrative capacities in order to autonomously manage projects and disburse funds with only ex post Commission controls.
The priorities for IPA action for Bosnia are set in the 2008 European Partnership.
countries, launched by the European Commission on 26 May 2008.
On 1 January 2008 the visa facilitation and readmission agreements entered into force.
On November 8, 2010 the Council of the European Union
voted visa-free travel to EU for citizens of Bosnia and Herzegovina.
(EUPM) launched in Bosnia and Herzegovina constitutes the first European Security and Defence Policy
(ESDP) mission. The same year, the EUFOR (operation Althea) replaces NATO's SFOR
mission.
.
, Bosnia and Herzegovina planned to submit an application for membership between April and June 2009. However, an application ultimately was not submitted in this time frame. In February 2010, Alkalaj stated that Bosnia now planned to submit their membership application by the end of the year. This was reiterated by Alkalaj in August.
The EU had early stated that the Bosnia could not submit an application for membership until the Office of the High Representative (OHR) in Bosnia and Herzegovina
, which is charged with implementation of the Dayton Peace Agreement, has been closed. The failure of Bosnia to meet the conditions for closure of the OHR, including addressing state and military property ownership issues and implementing constitutional reforms, has prevented them from submitting an applicaton to date. However, a European Commission source has stated that "We believe that in one year's time the OHR will be closed, or at least reduced and moved from Sarajevo", which would clear the way for an application to be submitted.
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
to the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
is the aim of the present relations between the two entities. Bosnia and Herzegovina
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
has been recognised by the EU as a "potential candidate country" for accession since the decision of the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
in Thessaloniki
Thessaloniki
Thessaloniki , historically also known as Thessalonica, Salonika or Salonica, is the second-largest city in Greece and the capital of the region of Central Macedonia as well as the capital of the Decentralized Administration of Macedonia and Thrace...
in 2003. Bosnia and Herzegovina takes part in the Stabilization and Association Process, and the relative bilateral SAA agreement has been signed in 2008, ratified in 2010, but it is still not into force. Meanwhile, the trade bilateral relations are regulated by an Interim Agreement. Bosnia has not yet formally applied for EU membership, and it thus remains a potential candidate country.http://ec.europa.eu/enlargement/potential-candidate-countries/bosnia_and_herzegovina/eu_bosnia_and_herzegovina_relations_en.htm European Commission, DG Enlargement, Bosnia and Herzegovina
The nation has recently been making slow but steady progress, including co-operation with the war crimes tribunal
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
at The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
.
The EU established a regional approach to the Western Balkans already in 1997, with political and economic conditionality criteria for the development of bilateral relations. The following year, a EU/Bosnia and Herzegovina Consultative Task Force was put in place to start the process. Since 2006, the task force is replaced by the Reform Process Monitoring (RPM).
Stabilisation and Association Process
A Stabilisation and Association ProcessStabilisation and Association process
In talks with countries who have expressed a wish to join the European Union, the EU typically concludes Association Agreements in exchange for commitments to political, economic, trade, or human rights reform in that country...
(SAP) for the five countries of the region, including Bosnia and Herzegovina, was proposed in 1999. In June 2000, the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
in Feira recognised that all the SAP countries are "potential candidates" for EU membership. In November of the same year, the regional SAP process was launched at the Zagreb
Zagreb
Zagreb is the capital and the largest city of the Republic of Croatia. It is in the northwest of the country, along the Sava river, at the southern slopes of the Medvednica mountain. Zagreb lies at an elevation of approximately above sea level. According to the last official census, Zagreb's city...
summit.
The process towards the signature of a Stabilisation and Association Agreement (SAA) began in 2003 with a feasibility study by the Commission on Bosnia and Herzegovina's capacity to implement the SAA. The same year, in June, the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
in Thessaloniki
Thessaloniki
Thessaloniki , historically also known as Thessalonica, Salonika or Salonica, is the second-largest city in Greece and the capital of the region of Central Macedonia as well as the capital of the Decentralized Administration of Macedonia and Thrace...
confirmed the SAP as the main framework of ther relations between the EU and the Western Balkans, recalling the perspective of accession for all the countries of the region.
Stabilisation and Association Agreement
The negotiations on a Stabilisation and Association AgreementEuropean Union Association Agreement
A European Union Association Agreement is a treaty between the European Union and a non-EU country that creates a framework for co-operation between them. Areas frequently covered by such agreements include the development of political, trade, social, cultural and security links...
(SAA) – the first step before applying for membership – started in 2005 and were originally expected to be finalised in late 2007. The negotiations stalled due to a disagreement over police reform, which the EU insisted on centralising away from the entities of Bosnia and Herzegovina. The SAA was initialled on 4 December 2007, and, following the adoption of the police reforms in April 2008, the SAA was signed on 16 June 2008.
Reforms promised by the Prud Agreement
Prud Agreement
The Prud Agreement or Prud Process was an agreement that pertained to state property, census, constitutional changes, reconstructing the Council of Ministers and solving the legal status of the Brčko District...
would “build the ability of the State to meet the requirements of the EU integration process”.
The last ratification of the SAA by a EU country, France, came in February 2011. The SAA should have gone into effect within 40 days, but its entry into effect was frozen since Bosnia and Herzegovina was still not complying with its previous obligations, a situation that would have led to the immediate suspension of the SAA. The obligations to be met by Bosnia before the SAA could come into effect include the adoption of state laws on state aids and on the national census
Census
A census is the procedure of systematically acquiring and recording information about the members of a given population. It is a regularly occurring and official count of a particular population. The term is used mostly in connection with national population and housing censuses; other common...
, and the implementation of the Finci and Sejdic ruling of the ECHR requiring an amendment to the Constitution
Constitution of Bosnia and Herzegovina
The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed in Paris on 14 December 1995...
to allow members of national minorities to be elected within the Presidency of Bosnia and Herzegovina
Presidency of Bosnia and Herzegovina
The Presidency of Bosnia and Herzegovina is the head of state of Bosnia and Herzegovina.-Overview:...
and to gain seats in the House of Peoples
House of Peoples of Bosnia and Herzegovina
The House of Peoples of Bosnia And Herzegovina is one of the two chambers of the Parliamentary Assembly of Bosnia and Herzegovina, with the other chamber being the House of Representatives of Bosnia and Herzegovina....
. The adoption of state laws on the issues above are prevented by the opposition of the government of the Republika Srpska
Republika Srpska
Republika Srpska is one of two main political entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina...
, which considers such issues a matter of exclusive competence of the two entities of Bosnia and Herzegovina.
Interim Agreement on Trade
An Interim Agreement on Trade and Trade-related issues was signed on the same day as the SAA, and entered into force on 1 July 2008. The Interim Agreement is the present legal framework for trade between Bosnia and the EU.Unilateral trade preferences were introduced by the EU for Bosnia and Herzegovina in the year 2000. Trade increased since 2008, and the EU products have been granted reciprocal preference in Bosnia and Herzegovina too.
European Partnership (2008)
The EU CouncilCouncil of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
adopted a new European Partnership with Bosnia and Herzegovina on 18 February 2008, setting the short-term and mid-term priorities for EU assistance to Bosnia and Herzegovina through IPA funds.
Financial Assistance
In the 2007-2013 budgetary period, Bosnia and Herzegovina is a beneficiary of the Instrument for Pre-Accession AssistanceInstrument for Pre-Accession Assistance
The Instrument for Pre-Accession Assistance, or simply IPA, is a new funding mechanism of the European Union. As of 2007, it replaced previous programmes such as the PHARE programme and CARDS...
(IPA) funds. As a "potential candidate country", Bosnia is allowed to finance projects under the first two IPA components, Transition Assistance and Institution Building and Cross-Border Cooperation. The eligibility for the three advanced IPA components will be conditional on Bosnia’s acquisition of EU candidacy status and its implementation of a Decentralised Implementation System, streamlining administrative capacities in order to autonomously manage projects and disburse funds with only ex post Commission controls.
The priorities for IPA action for Bosnia are set in the 2008 European Partnership.
Visa liberalisation process
Bosnia and Herzegovina took part in the dialogue for visa liberalisation with SchengenSchengen
Schengen may refer to:* Schengen Agreement, a European treaty that provided for the removal of border controls between participating countries* Schengen Area, the group of European countries that have abolished border controls between each other...
countries, launched by the European Commission on 26 May 2008.
On 1 January 2008 the visa facilitation and readmission agreements entered into force.
On November 8, 2010 the Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
voted visa-free travel to EU for citizens of Bosnia and Herzegovina.
CFSP and ESDP operations
In 2004, the European Union Police MissionEuropean Union Police Mission
The European Union Police Mission is the European Union's mission in Bosnia and Herzegovina that aids the local police organizations, and is one of a number of European Union Police Missions worldwide. It is the first such mission undertaken by the EU within the framework of the Common Foreign and...
(EUPM) launched in Bosnia and Herzegovina constitutes the first European Security and Defence Policy
European Security and Defence Policy
The Common Security and Defence Policy , formerly known as the European Security and Defence Policy , is a major element of the Common Foreign and Security Policy of the European Union and is the domain of EU policy covering defence and military aspects...
(ESDP) mission. The same year, the EUFOR (operation Althea) replaces NATO's SFOR
SFOR
The Stabilisation Force was a NATO-led multinational peacekeeping force in Bosnia and Herzegovina which was tasked with upholding the Dayton Agreement. It replaced the previous force IFOR...
mission.
EU special representative
Since 2007, the international High Representative (OHR) in Bosnia covers also the task of EU Special Representative. The first 'double-hatted' OHR is Miroslav LajcakMiroslav Lajcák
Dr. Miroslav Lajčák is a Slovak diplomat.Lajčák is a law graduate from the Comenius University in Bratislava. He holds a Ph.D. in international relations from the State Institute of International Relations in Moscow and is also a graduate of the George C...
.
Application for membership
According to the Foreign Minister Sven AlkalajSven Alkalaj
Sven Alkalaj is a Bosnian diplomat who is the Foreign Minister of Bosnia and Herzegovina. Alkalaj, who is of Sephardic ethnicity, is one of the most prominent Bosnian Jews...
, Bosnia and Herzegovina planned to submit an application for membership between April and June 2009. However, an application ultimately was not submitted in this time frame. In February 2010, Alkalaj stated that Bosnia now planned to submit their membership application by the end of the year. This was reiterated by Alkalaj in August.
The EU had early stated that the Bosnia could not submit an application for membership until the Office of the High Representative (OHR) in Bosnia and Herzegovina
High Representative for Bosnia and Herzegovina
The High Representative for Bosnia and Herzegovina, with the Office of the High Representative in Bosnia and Herzegovina, was created in 1995 immediately after the Dayton Peace Agreement to oversee the civilian implementation of this agreement. The High Representative and the OHR represent the...
, which is charged with implementation of the Dayton Peace Agreement, has been closed. The failure of Bosnia to meet the conditions for closure of the OHR, including addressing state and military property ownership issues and implementing constitutional reforms, has prevented them from submitting an applicaton to date. However, a European Commission source has stated that "We believe that in one year's time the OHR will be closed, or at least reduced and moved from Sarajevo", which would clear the way for an application to be submitted.
External links
- http://ec.europa.eu/enlargement/potential-candidate-countries/bosnia_and_herzegovina/eu_bosnia_and_herzegovina_relations_en.htm European Commission, DG Enlargement, Bosnia and Herzegovina
- Text of the Stabilisation and Association Agreement between Bosnia and Herzegovina and the EU
- Text of the Interim Agreement on Trade and Trade-related issues
- Text of the European Partnership for Bosnia and Herzegovina