VZCZCXRO5660
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSL RUEHSR RUEHVK
RUEHYG
DE RUEHBW #0048/01 0121233
ZNR UUUUU ZZH
R 121232Z JAN 10
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC 0562
INFO EUROPEAN POLITICAL COLLECTIVE
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RHMCSUU/EUCOM POLAD VAIHINGEN GE
RUCNDT/USMISSION USUN NEW YORK 0007

UNCLAS SECTION 01 OF 03 BELGRADE 000048 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KV SR
SUBJECT: SERBIA STILL NOT COOPERATING FULLY WITH EULEX 
 
REF: 08 STATE 126562; 09 PRISTINA 447; 09 USEU 1614; 09 PRISTINA 256 
PRISTINA 12; 09 BELGRADE 697 
 
Summary 
 
------- 
 
 
 
¶1.  (SBU) More than a year after the initial deployment of the EU 
Rule of Law Mission to Kosovo (EULEX), Serbia has failed to fully 
cooperate with the Mission.  While Serbia has cooperated with EULEX 
on police matters to a degree, its purposeful obstruction  on 
customs and the judiciary threatens regional stabilization efforts. 
Serbia could jeopardize the pace of its EU integration if it 
continues to drag its feet on cooperation with EULEX.  End Summary. 
 
 
 
Promises to Cooperate Unfulfilled 
 
--------------------------------- 
 
 
 
¶2.  (SBU) After intensive talks, Serbia agreed in November 2008 to 
the EU establishing its EULEX Mission in Kosovo, paving the way for 
EULEX's deployment in December 2008 and its full operational 
capacity in Spring 2009.  While the Government of Serbia agreed to 
cooperate with EULEX on rule of law issues (police, customs, 
judiciary), it insisted that parallel progress also had to be made 
on six points discussions with the UN (Ref A). The United States 
and EU partners have never made this linkage. 
 
 
 
Police Cooperation - Not Good Enough 
 
------------------------------------ 
 
 
 
¶3.  (SBU) Serbian cooperation with EULEX temporarily picked up pace 
in June 2009 when the Government of Serbia encouraged the several 
hundred then-striking Serb members of the Kosovo Police to return 
to work.  Nearly all returned to work by the end of June, helping 
to solidify the Kosovo Police as a multi-ethnic institution.  EULEX 
sources in Belgrade report that the GoS only decided to permit the 
officers' return once it was obvious that the Kosovo Police - with 
the backing of EULEX - were prepared to permanently dismiss the 
Serb officers if they did not return to work by the end of June 
deadline. 
 
 
 
Police Agreement Driven by GoS Desire for White Schengen 
 
--------------------------------------------- ----------- 
 
 
 
¶4.  (SBU) After months of discussions, the GoS and EULEX signed a 
police cooperation agreement in August 2009 to facilitate cross 
border cooperation(Ref B).  Despite persistent MFA obstacles to the 
draft language, the agreement was ultimately signed at the strong 
insistence of Serbia's Deputy Prime Minister and Interior Minister 
Ivica Dacic.  Dacic keenly understood that cooperation with EU 
institutions, including EULEX, was an essential requirement for 
Serbia to qualify for visa liberalization, which Serbia finally 
obtained in December 2009 (Ref C). 
 
 
 
¶5.  (SBU) Since the signing of the police agreement, implementation 
has been lackluster, with Serbia still unwilling to cooperate 
fully.  EULEX sources in Belgrade inform us that the sharing of 
information to date has been mostly one directional, with EULEX 
providing weekly paper copies of information to Serbian 
authorities.  Serbia's unwillingness to share information 
electronically has limited the quantity and quality of information 
exchanged and made it impossible to respond quickly to cross border 
 
BELGRADE 00000048  002 OF 003 
 
 
incidents.  While insisting that it has no objections in principle, 
Serbia's MFA also continues to put up technical and bureaucratic 
roadblocks to EULEX assuming UNMIK's seat at Interpol or 
responsibility for management of the Interpol office in Pristina. 
This delay further hinders the depth and breath of police 
cooperation between EULEX and the GoS. 
 
 
 
Customs and Judicial Cooperation Stuck 
 
-------------------------------------- 
 
 
 
¶6.  (SBU) In the lead up to Kosovo's municipal elections in 
November 2009 and oral arguments at the ICJ in December 2009, 
discussions between EULEX and the GoS on customs and judicial 
cooperation ground to a halt due to the politically charged 
environment.  Talks on customs were expected to restart in late 
December, but Serbia's MFA once again blocked them. 
 
 
 
 
 
GoS:  "Official" Meetings Still Require UN Participation 
 
--------------------------------------------- ----------- 
 
 
 
¶7.  (SBU) Serbian and EULEX cooperation was further setback on 
December 24, 2009, when Serbia's MFA insisted that UN officials 
needed to be present at a previously scheduled upcoming meeting 
between EULEX Customs and GoS officials to discuss customs and 
taxation issues.  As a result of this last minute MFA demand, EULEX 
Customs Director Paul Acda postponed his scheduled December 28 trip 
to Belgrade indefinitely. 
 
 
 
¶8.  (SBU) In a January 4 meeting, MFA Special Advisor Damjan 
Krnjevic Miskovic told us that the problem was caused because EULEX 
had insisted on "official meetings" with the GoS.  Krnjevic said it 
was acceptable to have "low level technical discussions over 
coffee" but official meetings would require UN presence.  Krnjevic 
and Kosovo Minister Bogdanovic insisted to us separately on January 
4 that Serbia was holding to its initial November 2008 decision 
stating that Serbia would officially cooperate with EULEX through 
UNMIK.  Neither Krnjevic nor Bogdanovic could give a clear answer 
as to how Serbia was then able to sign the Police Cooperation 
agreement with EULEX without an UNMIK intermediary.  Krnjevic also 
insisted that even though Serbia had filed for EU candidacy in 
December 2009 and was engaging with the EU directly on multiple 
issues, official meetings with the EU-led EULEX Mission would still 
require an UNMIK intermediary. 
 
 
 
Setting the Bar Low:  No Violence Equals Cooperation 
 
----------------------------------------- 
 
 
 
¶9.  (SBU) Setting the bar pitifully low as to what constitutes 
cooperation, Krnjevic told us that Serbia was cooperating on Kosovo 
issues, pointing to Serbia's decision not to respond violently 
since Kosovo's 2008 unilateral declaration of independence as 
sufficient proof of Serbia's cooperation.  When we noted that this 
was an extremely low bar for a country that had recently requested 
to join the EU, Krnjevic insisted Serbia should be commended for 
not having resorted to violence, as the region had done in past 
conflicts in the 1990's.  He argued that the opposition in Serbia 
continued to push for the government to take a more confrontational 
line on Kosovo, but the MFA continued to promote Serbia's more 
moderate policy. 
 
 
 
 
 
Comment 
 
BELGRADE 00000048  003 OF 003 
 
 
------- 
 
 
 
¶10.  (SBU) Thirteen months after EULEX's deployment to Kosovo, the 
GoS continues to insist that it is cooperating with the EU-led 
mission, but the persistent lack of progress on police, customs and 
judiciary shows otherwise.  EULEX sources tell us that GoS 
officials in Interior, Customs, and Finance Ministries want to 
cooperate with EULEX but they are hesitant to do so without the 
clear go ahead from the MFA, which continues to block cooperation 
at every possible turn.  What the MFA fails to realize is that 
their intransigence on Kosovo will inevitably have an impact on the 
European Union's perception of Serbia as a future partner and 
willingness to move forward on its membership application.  End 
Comment. 
PEDERSON