Integrated Boundary Management of the Administrative Crossing Points (Technical Dialogue Agreement)

  • Country/entity
    Kosovo
    Serbia
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Integrated Boundary Management of the Administrative Crossing Points (Technical Dialogue Agreement)
  • Date
    23 Feb 2012
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Interstate/intrastate conflict(s) ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Kosovo-Serbia Normalisation Process
  • Parties
    Agreement unsigned, parties believed to be the Kosovo delegation, led by Dr. Tahiri and
    and the Serbian delegation led by Mr. Borko Stefanovic.
  • Third parties
    Agreement unsigned, meeting was chaired by the EU facilitator, Mr. Robert Cooper.
  • Description
    Short technical protocol on the implementation of the Integrated Boundary Management deal reached on 2 December 2011. Parties agree not to not display symbols of their respective jurisdictions at joint boundary crossings. Note: The name of the agreement as listed here is the name listed on the copy of the agreement, but the use of the term 'boundary' in IBM is disputed by the parties to this process (the term 'border' is also used).


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols
    Page 1,
    4. The joint, integrated, single and secure posts will be located within a 'common area of IBM crossing points', jointly delineated, where officials of each party carry out relevant controls. Exceptionally, and limited to the common IBM areas, the parties will not display symbols of their respective jurisdictions;
  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access
    Summary: Agreement in its entirety address the joint management of administrative crossing points between Kosovo and Serbia in order to facilitate freedom of movement.

    Page 1, 1. In line with the Lisbon Treaty, and relevant EU legislation and given that both parties are part of the EU's Western Balkans agenda, they will be required gradually to harmonise their legislation with the EU acquis and in particular to apply the concept of IBM;

    Page 1, 2. In the interest of faster and more effective processing, the parties, under the overall guidance of the EU, will apply the concept of IBM;

    Page 1, 3. The parties intend gradually to set up joint integrated posts at all their common IBM crossing points. This cooperation will follow the best European practice as it is progressively further developed by the European Commission. The work will be given a high priority; the projects will be identified jointly and will be implemented as soon as practically possible;

    Page 1, 4. The joint, integrated, single and secure posts will be located within a 'common area of IBM crossing points', jointly delineated, where officials of each party carry out relevant controls. Exceptionally, and limited to the common IBM areas, the parties will not display symbols of their respective jurisdictions;

    Page 1, 5. The arrangements will include a balanced presence, in line with requirements, from both parties of all related services such as customs, police etc. and will cover matters such as the location of the crossing points, the nature of the facility, opening hours etc. In line with, and for the duration of its mandate at the crossing points Jarinje/Rudnica and Tabalije/Brnjak, this presence will include EULEX officials. EULEX will also be present at crossing points Bela Zemlja/Končulj, Merdare/Merdare, Mutivode/Mutivode and Depce/Mučibaba;

    Page 1, 6. At the core of the arrangement there will be a clear assignment of applicable legal responsibilities and liabilities to each party's jurisdiction;

    Page 1, 7. A tri-partite implementation group, chaired by the EU, will be established to implement above arrangement as soon as practically possible. For that purpose, a technical Protocol will be developed and signed , if necessary separately with the EU, which will take account of the parties' different views on the question of status. The implications of these conclusions will be taken into account in implementing freedom of movement;

    Page 1, 8. This agreement does not cover any general or specific revenue or fiscal matters;
  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business
    Page 1, 5. The arrangements will include a balanced presence, in line with requirements, from both parties of all related services such as customs, police etc. and will cover matters such as the location of the crossing points, the nature of the facility, opening hours etc. In line with, and for the duration of its mandate at the crossing points Jarinje/Rudnica and Tabalije/Brnjak, this presence will include EULEX officials. EULEX will also be present at crossing points Bela Zemlja/Končulj, Merdare/Merdare, Mutivode/Mutivode and Depce/Mučibaba;
  • Taxation
    Socio-economic reconstruction→Taxation→Other
    Page 1, This agreement does not cover any general or specific revenue or fiscal matters;
  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police
    Page 1, 5. The arrangements will include a balanced presence, in line with requirements, from both parties of all related services such as customs, police etc. and will cover matters such as the location of the crossing points, the nature of the facility, opening hours etc. In line with, and for the duration of its mandate at the crossing points Jarinje/Rudnica and Tabalije/Brnjak, this presence will include EULEX officials. EULEX will also be present at crossing points Bela Zemlja/Končulj, Merdare/Merdare, Mutivode/Mutivode and Depce/Mučibaba;
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 1, 5. The arrangements will include a balanced presence, in line with requirements, from both parties of all related services such as customs, police etc. and will cover matters such as the location of the crossing points, the nature of the facility, opening hours etc. In line with, and for the duration of its mandate at the crossing points Jarinje/Rudnica and Tabalije/Brnjak, this presence will include EULEX officials. EULEX will also be present at crossing points Bela Zemlja/Končulj, Merdare/Merdare, Mutivode/Mutivode and Depce/Mučibaba;
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Government of the Republic of Serbia, Negotiation process with Pristina
    http://www.kim.gov.rs/eng/pregovaracki-proces.php

Integrated boundary management of the administrative crossing points

1. In line with the Lisbon Treaty, and relevant EU legislation and given that both parties are part of the EU's Western Balkans agenda, they will be required gradually to harmonise their legislation with the EU acquis and in particular to apply the concept of IBM;

2. In the interest of faster and more effective processing, the parties, under the overall guidance of the EU, will apply the concept of IBM;

3. The parties intend gradually to set up joint integrated posts at all their common IBM crossing points.

This cooperation will follow the best European practice as it is progressively further developed by the European Commission.

The work will be given a high priority;

the projects will be identified jointly and will be implemented as soon as practically possible;

4. The joint, integrated, single and secure posts will be located within a 'common area of IBM crossing points', jointly delineated, where officials of each party carry out relevant controls.

Exceptionally, and limited to the common IBM areas, the parties will not display symbols of their respective jurisdictions;

5. The arrangements will include a balanced presence, in line with requirements, from both parties of all related services such as customs, police etc.

and will cover matters such as the location of the crossing points, the nature of the facility, opening hours etc.

In line with, and for the duration of its mandate at the crossing points Jarinje/Rudnica and Tabalije/Brnjak, this presence will include EULEX officials.

EULEX will also be present at crossing points Bela Zemlja/Končulj, Merdare/Merdare, Mutivode/Mutivode and Depce/Mučibaba;

6. At the core of the arrangement there will be a clear assignment of applicable legal responsibilities and liabilities to each party's jurisdiction;

7. A tri-partite implementation group, chaired by the EU, will be established to implement above arrangement as soon as practically possible.

For that purpose, a technical Protocol will be developed and signed , if necessary separately with the EU, which will take account of the parties' different views on the question of status.

The implications of these conclusions will be taken into account in implementing freedom of movement;

8. This agreement does not cover any general or specific revenue or fiscal matters;