Belgrade, 23 Sept 2015 – Prime Minister Aleksandar Vucic sent today a letter to President of the European Council Donald Tusk and President of the European Parliament Martin Schulz, following Croatia’s unilateral decision to close border crossings with Serbia.
The letter was also addressed to President of the European Commission Jean-Claude Juncker, European Commission Vice President and EU High Representative for Foreign Affairs and Security Policy Federica Mogherini and European Commissioner for Neighbourhood Policy and Enlargement Negotiations Johannes Han.
The government website brings the letter in full:
“I am writing to you in order to once again draw your attention to the situation in Western Balkans where our neighbouring country, the EU member state – the Republic of Croatia, closed border crossings for flow of goods from one candidate country – the Republic of Serbia. By aggressive and unacceptable measures, the Republic of Croatia has drastically affected our national and vital economical interests, but also strongly undermined regional relations and stability, bearing in mind the whole context of regional reconciliation process as well as opened and unsolved issues still existing in our bilateral relations.
Following my recent conversation with Prime Minister of the Republic of Croatia Zoran Milanovic, I would like to reconfirm Serbia’s readiness to maintain an open dialogue with all regional partners on potential solutions to migration crisis. Croatia’s unilateral decision to bar traffic cargo from Serbia has nothing to do with solving Europe’s migrants crisis, but with a breach of the SAA that directly hurts Serbia’s economic cooperation with the EU.
While the government of the Republic of Serbia is putting efforts, both human and financial, to open registration centers, borders for all economic activities including the transportation of goods are being unilaterally closed to us by one member state.
In the situation of migration crises worsening every day in the Western Balkan Route, where Serbia, as I am sure you know, reacted on most serious, human and responsible way based on European values, I am asking you to call the Republic of Croatia, as officially EU member state, to finally start acting as a real EU member state.
As you certainly know, Serbia hasn’t imposed any similar or comparable measures toward any neighbouring state, being either candidate or member state, obliged to respect Dublin III regulation, or as a candidate country to respect obligations stemming from visa liberalization arrangements. Quite to the contrary Serbia bared all costs of migration crises by its own without bilateral financial support or EU financial support. Entry costs per registration and food supply are €20,000 per day in last four months. Overall costs are much higher, and the operational expenses for only one reception centre are estimated to be half a million euro per month.
Unprecedented unilateral decision of the Republic of Croatia to close the border for cargo traffic is directly in breach of the SAA between the EU and the Republic of Serbia. Unilateral closure of the border is contrary to aims of the SAA defined in Article 1 of the SAA, especially to the proclaimed goal of contributing to political, economic and institutional stability in Serbia, as well as to the stabilization of the region. Opening of borders and building economic cooperation in the Western Balkans is the most tangible form of cooperation, usually far more developed than political relations in the Western Balkans. We would like to point out that economic cooperation is what drove the reconciliation process in the Western Europe after World War II. Building fences and closing borders negates the very fabric of reconciliation and of the process of European integration of the continent.
Apart from breaching aims of the SAA, by its unilateral decision the Republic of Croatia is breaking several other important articles of the SAA, notably Article 36 prescribing that no new charges having equivalent effect shall be introduced, in trade between the Community and Serbia. Closing the border represents the ultimate quantitative restriction.
Being aware that the SAA allows in Article 45 for prohibitions on imports, exports or goods in transit justified on grounds of public security, we must point out that it also prescribes that such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. We believe that closing of border for cargo traffic constitutes disproportional and discriminative restriction, which does not serve the control of migration. This puts Serbia additionally in a difficult position bearing in mind that two thirds of Serbian overall exports is made through this route. Signatories to the SAA are also bound by Article 129 stipulating Parties should consult each other before making decisions like these and that in the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. Border closure without consultation with Serbia represents a very concerning foreign policy act.
Additionally, this unilateral action negates the entire Protocol 4 on transit and especially its Article 11 that was intended to allow free transit between parties
We would like to remind you that implementation of the SAA by the Republic of Serbia has so far been assessed as smooth by the European Commission and that Serbia has always consulted European Commission before making decisions concerning implementation of the SAA, behaving as an honest party to the SAA and a reliable partner to the EU.
Serbia has always been bound by its international commitments and signed agreements. We believe that one of the basic values of the European Union and European integration process is accountability and honouring commitments taken. This is the reason Serbia has applied for membership in the EU, sharing those values. Serbia is asking representatives of the highest institutions of the EU to remind Member States that practice of unilateral breach of the SAA is both unacceptable and constitutes flagrant breach of the SAA.
On the economic side, the Republic of Serbia has already suffered from extensive damages caused by flooding mounted to €1.7 billion back in 2014.
Aiming at fiscal consolidation, the government of the Republic of Serbia has undertaken very serious social measures, such as wage cuts in the public sector and the labour pension as well as well as public sector reforms with strong emphasis on reorganization and job cuts in public sector. The results of fiscal consolidation were commended both by the European Commission and the recent IMF mission during their successful audit of the financial arrangement that Serbia has with the Fund.
Further negative impact that may arise from non-economic barriers to entry and exercised by Croatia may not only increase economic pressure on Serbia but harm as well the overall efforts aimed at promoting regional economic outlook.
Latest announcement coming from the Republic of Croatia are certainly not contributing to predictability so essential for development of economic and good neighbourly relations.
Since the beginning of accession negotiations Serbia is devoted to improvement of bilateral relations with all neighbours, that hasn’t been welcomed by all neighbours. As a sincere partner of the EU and candidate country we do not wish to believe that the EU is going to allow to one of its member states to involve the whole EU into the breach of the SAA, and to damage economic relations between EU and Serbia.
Therefore I really hope that measures introduced against Serbia will be abolished as soon as possible, in order to avoid implementing equal measures.
Once again I would like to emphasize my personal readiness and devotion to resolve all issues with our neighbours in political dialogue without economic damage to any side, as I hope that we would be able to avoid any similar measures in future. At the same time as a future member of the EU we are looking forward to take part in the comprehensive European solution to migration crisis that is affecting us all,” the Prime Minister wrote.