Integrated Boundary Management of the Administrative Crossing Points (Technical Dialogue Agreement)
- Country/entityKosovo
Serbia
Yugoslavia (former) - RegionEurope and Eurasia
Europe and Eurasia
Europe and Eurasia - Agreement nameIntegrated Boundary Management of the Administrative Crossing Points (Technical Dialogue Agreement)
- Date23 Feb 2012
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelInterstate/intrastate conflict(s) ()
- StageFramework/substantive - partial
- Conflict natureGovernment/territory
- Peace processKosovo-Serbia Normalisation Process
- PartiesAgreement unsigned, parties believed to be the Kosovo delegation, led by Dr. Tahiri and
and the Serbian delegation led by Mr. Borko Stefanovic. - Third partiesAgreement unsigned, meeting was chaired by the EU facilitator, Mr. Robert Cooper.
- DescriptionShort 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 symbolsPage 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/accessSummary: 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.
- BusinessPage 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;
- TaxationSocio-economic reconstruction→Taxation→OtherPage 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.
- PolicePage 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/similarPage 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.
- SourceGovernment 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;