A document drafted by Serbia, through which it has expressed its intention not to implement parts of the Agreement on the road to normalizing relations with Kosovo and its implementation annex, has raised concerns in the diplomatic circles of European Union member states.
However, the EU, in response to media inquiries, stated that the Agreement remains legally binding in its entirety, and the parties had agreed to this in Ohrid.
This was stated on Friday by the EU spokesperson for foreign affairs and security policy, Peter Stano.
“The European Union reiterates that the agreement is legally binding in its entirety for both parties: its implementation will be an integral part of the respective European journey,” Stano said.
According to him, the Agreement and the implementation annex “have become legally binding through a written communication from the EU High Representative [Josep Borrell], on March 18, 2023”.
“This has been a consistent EU stance, which has been communicated publicly on several occasions,” Stano said.
EU sources clarified that assessments of the legally binding nature of the agreement are in line with Article 11 of the Vienna Convention on the Law of Treaties, which states that “the consent of a state to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or by any other means if so agreed”.
The same sources said that both parties in Ohrid were thoroughly explained this method of giving consent, and both parties agreed and did not object, in the presence of the EU High Representative, Borrell, and the envoy for the dialogue, Miroslav Lajčák.
EU representatives have stated that they proposed several other ways to express the consent of the parties to the agreement, but they were rejected and continue to be rejected by both parties.
In Serbia’s stance, through which Belgrade has expressed reservations about the Declaration of the EU-Western Balkans Summit, seen by Radio Free Europe, it is stated that it, “in general, with reservations, aligns with the Declaration of the EU-Western Balkans Summit” as a political statement and not legally binding.
Furthermore, it is clear that this concerns the part of the obligations for the implementation of the Agreement with Kosovo.
“The Agreement on the road to the normalization of relations and the Implementation Annex, as referred to in this declaration, are considered acceptable only in the context that does not include the de facto or de jure recognition of Kosovo,” Serbia’s position states.
“The Republic of Serbia emphasizes that this adjustment does not include the acceptance of Kosovo’s membership in the United Nations, in the system of organizations and agencies of the UN, nor the so-called territorial integrity of Kosovo,” the letter from Serbia goes on to say, where the statement is considered legally non-binding, and that it does not have the weight of an international agreement, according to international law.
Serbia has also stated that “Kosovo is an integral part of the Republic of Serbia, under international administration, in accordance with UN Security Council Resolution 1244”.
This position of Serbia also calls into question its acceptance of obligations arising from the Agreement on the road to normalizing relations and its annex since it includes not objecting to Kosovo’s membership in any international organization and respecting its territorial integrity.
In the Declaration adopted on Wednesday evening in Brussels by the leaders of the EU and the Western Balkans, Kosovo and Serbia are called upon to implement this agreement without preconditions and in its entirety.
“We invite both parties to implement in its entirety the Agreement on the road to normalizing relations and its annex, as well as all agreements from the past, without any new delay and without preconditions,” it says in the part dedicated to relations between Kosovo and Serbia.
