1

B U C E R I U S L A W S C H O O L

PRESENTATION

'' BOSNIA AND HERZEGOVINA AND THE EUROPEAN UNION ''

HAMBURG 19.10.2012.

2

Glossary

3) INTRODUCTION

4) LEGAL BASIS FOR THE ACCESSION TO THE EUROPEAN UNION

(EU ENLAGREMENT)

6) HISTORY OF THE ACCESSION OF BOSNIA AND HERZEGOVINA IN THE EU

7) STATUS OF SAA RATIFICATION

10) PRESENT SITUATION IN THE ACCESSION PROCESS

12) MEMEBRSHIP CRITERIAS FOR BOSNIA AND HERZEGOVINA

13) EU PROGRAMS AND BOSNIA AND HERZEGOVINA

3

INTRODUCTION

This presentation deal with the topic of the enlargement of the European Union and the

European integration of Bosnia and Herzegovina. It’s also related to research the status of Bosnia

and Herzegovina in this process.

Bosnia and Herzegovina is a country in the heart of south east Europe and it’s a potential

candidate for membership in the European Union. The last years there have been some progress

but not enough to reach all the criteria’s that are important to become a part of the family of the

European Union.

With this presentation we want to research the reasons why Bosnia and Herzegovina is still one

of the last countries in the European integration, in south east Europe. This presentation will

show the legal aspects of the EU accession of Bosnia and Herzegovina but also the political

issues that are stopping Bosnia and Herzegovina in their way into the European Union.

We hope that this presentation will show you some aspects of this bilateral/multilateral

relationship between Bosnia and Herzegovina, the European Union and the member countries.

4

LEGAL BASIS FOR THE ACCESSION TO THE EUROPEAN UNION

(EU ENLAGREMENT)

oining the European union is a long distance process that need to be defined by the European

institutions and the members so that this way can be open for all European countries.

The Enlargement of the European Union is the process of expanding the European Union

(EU) through the accession of new member states. This process began with the Inner Six, who

founded the European Coal and Steel Community (the EU's predecessor) in 1952. Since then, the

EU's membership has grown to twenty-seven with the most recent expansion to Bulgaria and

Romania in 2007. A scheduled expansion in 2013 will add Croatia to the union.

Currently, accession negotiations are under way with several states. The process of enlargement is

sometimes referred to as European integration. This term is also used to refer to the

intensification of co-operation between EU member states as national governments allow for the

gradual harmonization of national laws.

The legal base for European countries1 is the Article 49 of the Treaty on the EU says:

Any European State which respects the values referred to in Article 2 and is committed to promoting

They may apply to become a member of the Union. The European Parliament and national

Parliaments shall be notified of this application. The Applicant State shall address its application to

the Council, which shall act unanimously after consulting the Commission and after receiving the

consent of the European Parliament, which shall act by a majority of its component members. The

conditions of eligibility agreed upon by the European Council shall be taken into account.

The conditions of admission and the adjustments to the Treaties on which the Union is founded,

which such admission entails, shall be the subject of an agreement between the Member States and

the applicant State. This agreement shall be submitted for ratification by all the contracting States in

accordance with their respective constitutional requirements.

This Article forward also to the Article 2 of the Treaty on the EU which says:

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the

rule of law and respect for human rights, including the rights of persons belonging to minorities.

1 What can be considered as a European country is still not clear defined, mostly countries that are members of

the Council of Europe are considered as European countries, but also there is a exclusion that Russia and countries from the Caucasus are potential members. – Page 14 - Recht auf Beitritt – Juli Zeh – NOMOS 2002

J

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These values are common to the Member States in a society in which pluralism, non-discrimination,

tolerance, justice, solidarity and equality between women and men prevail.

Through this is clear the basis for the accession to the EU is the Treaty on the EU and that is a

legal possibility open for subjects of international law, concrete countries to step into the process

of joining the European Union.

Analyzing this articles which are the base for the integration of countries which are not part of

the EU, we can also conclude that the main goal of the EU is the Article 2 and the values which

are defined. We also can connect this article with the values which are defined in the Convention

of Human rights of the Council of Europe and the statute of the Council of Europe. The

membership in the Council of Europe can be considered as the first step into the integration of

the European Union, even that the Council of Europe has no legal connections with the

European Union.

The Copenhagen criteria are clear defining whether a country is eligible to join the EU or not.

The criteria require that a state has the institutions to preserve democratic governance and human

rights, has a functioning market economy, and accepts the obligations and intent of the EU. 2

These membership criteria were laid down at the June 1993 European Council in Copenhagen,

Denmark, from which they take their name. Excerpt from the Copenhagen Presidency

conclusions:

Membership requires that candidate country has achieved stability of institutions guaranteeing

democracy, the rule of law, human rights, respect for and protection of minorities, the existence

of a functioning market economy as well as the capacity to cope with competitive pressure and

market forces within the Union. Membership presupposes the candidate's ability to take on the

obligations of membership including adherence to the aims of political, economic and monetary

union.

Most of these elements have been clarified over the last decade by legislation of the European

Council, the European Commission and the European Parliament, as well as by the case law of

the European Court of Justice and the European Court of Human Rights.

For now, the EU has 27 members which are full members and one state (Croatia) is becoming

member in 2013. There are 4 candidate states (Serbia, Montenegro, Macedonia and Turkey), and

one that submitted the application for candidate status. Bosnia and Herzegovina together with

the particular recognized Republic of Kosovo is the only country that is a potential candidate.

2 Source: http://en.wikipedia.org/wiki/Copenhagen_criteria

6

HISTORY OF THE ACCESSION OF BOSNIA AND HERZEGOVINA TO THE EU

Bosnia and Herzegovina is still a potential candidate state, even there have been seen progress in

sphere of establishing a free economy and issues that are connected with the economic and

legislative part of the conditions. But there is still work to do, especially regarding the protection

of Human Rights and political rights of minorities. These questions are political questions that

need to be solved so that Bosnia and Herzegovina can approach to apply for candidate status.

The accession of Bosnia and Herzegovina to the European Union is the aim of the present

relations between the two entities. Bosnia and Herzegovina has been recognized by the EU as a

"potential candidate country" for accession since the decision of the European Council in

Thessaloniki in 2003. Bosnia and Herzegovina takes part in the Stabilization and Association

Process, and the relative bilateral SAA agreement has been signed in 2008, ratified in 2010, but it

is still not into force. Meanwhile, the trade bilateral relations are regulated by an Interim

Agreement. Bosnia has not yet formally applied for EU membership, and it thus remains a

potential candidate country.

The nation has recently been making slow but steady progress, including co-operation with the

war crimes tribunal at The Hague. The EU established a regional approach to the Western

Balkans already in 1997, with political and economic conditionality criteria for the development

of bilateral relations. The following year, an EU/Bosnia and Herzegovina Consultative Task

Force was put in place to start the process. Since 2006, the task force is replaced by the Reform

Process Monitoring (RPM).

Stabilization and Association Agreement

The negotiations on a Stabilization and Association Agreement (SAA) – the first step before

applying for membership – started in 2005 and were originally expected to be finalized in late

2007. The negotiations stalled due to a disagreement over police reform, which the EU insisted

on centralizing away from the entities of Bosnia and Herzegovina. The SAA was initialed on 4

December 2007, and, following the adoption of the police reforms in April 2008, the SAA was

signed on 16 June 2008. Reforms promised by the Prud Agreement would ―build the ability of

the State to meet the requirements of the EU integration process‖.

The last ratification of the SAA by an EU country, France, came in February 2011. The SAA

should have gone into effect within 40 days, but its entry into effect was frozen since Bosnia and

Herzegovina was still not complying with its previous obligations, a situation that would have led

to the immediate suspension of the SAA. The obligations to be met by Bosnia before the SAA

could come into effect include the adoption of state laws on state aids and on the national

census, and the implementation of the Finci and Sejdic ruling of the ECHR requiring an

amendment to the Constitution to allow members of national minorities to be elected within the

Presidency of Bosnia and Herzegovina and to gain seats in the House of Peoples. The adoption

of state laws on the issues above is prevented by the opposition of the government of the

Republika Srpska, which considers such issues a matter of exclusive competence of the two

entities of Bosnia and Herzegovina.

7

Status of SAA ratification

Event

Republic of

Macedonia [

7]

Croatia [8

]

Albania [

9]

Montenegro1 [1

0]

Bosnia and

Herzegovina [1

1]

Serbia2 [1

2]

Kosovo

(under

UNSC

R

1244)3

SAA

negotiation

s start

2000-04-05 2000-11-

24

2003-01-

31 2005-10-10 2005-11-25

2005-10-

10 (?)

SAA

initialled 2000-11-24

2001-05-

14

2006-02-

28 2007-03-15 2007-12-04

2007-11-

07 (?)

SAA/IA

signature 2001-04-09

2001-10-

29

2006-06-

12 2007-10-15 2008-06-16

2008-04-

29 (?)

Interim Agreement:

EC

ratification 2001-04-27

2002-01-

30

2006-06-

12 2007-10-15 2008-06-16

2009-12-

08 (?)

SAP state

ratification 2001-04-27

2002-01-

30

2006-10-

09 2007-11-14 2008-06-20

2008-09-

22 (?)

entry into

force 2001-06-01

2002-03-

01

2006-12-

01 2008-01-01 2008-07-01

2010-02-

01 (?)

Notification of the EC of SAA ratification by:

SAP state 2001-04-27 2002-01-

30

2006-11-

09 2007-11-13 2009-02-26

2008-09-

22 (?)

Austria 2002-09-06 2002-03-

15

2008-05-

21 2008-07-04 2009-09-04

2011-01-

13 (?)

Belgium 2003-12-29 2003-12-

17

2008-10-

22 2010-03-29 2010-03-29

2012-03-

20 (?)

Bulgaria entered the EU later 2008-05-30 2009-03-13 2010-08-

12 (?)

Cyprus entered the EU later 2008-05-

30 2008-11-20 2009-07-02

2010-11-

26 (?)

8

Czech

Republic

entered the EU later 2008-05-

07 2009-02-19 2009-07-23

2011-01-

28 (?)

Denmark 2002-04-10 2002-05-

08

2008-04-

24 2008-06-25 2009-05-26

2011-03-

04 (?)

Estonia entered the EU later 2007-10-

17 2007-11-22 2008-09-11

2010-08-

19 (?)

Finland 2004-01-06 2004-01-

06

2007-11-

29 2009-03-18 2009-04-07

2011-10-

21 (?)

France 2003-06-04 2003-06-

04

2009-02-

12 2009-07-30 2011-02-10

2012-01-

16 (?)

Germany 2002-06-20 2002-10-

18

2009-02-

19 2009-11-16 2009-08-14

2012-02-

24 (?)

Greece 2003-08-27 2003-08-

27

2009-02-

26 2010-03-04 2010-09-20

2011-03-

10 (?)

Hungary entered the EU later 2007-04-

23 2008-05-14 2008-10-22

2010-11-

16 (?)

Ireland 2002-05-06 2002-05-

06

2007-06-

11 2009-06-04 2009-06-04

2011-09-

29 (?)

Italy 2003-10-30 2004-10-

06

2008-01-

07 2009-10-13 2010-09-08

2011-01-

06 (?)

Latvia entered the EU later 2006-12-

19 2008-10-17 2009-11-12

2011-05-

30 (?)

Lithuania entered the EU later 2007-05-

17 2009-03-04 2009-05-04 (2012) (?)

Luxembourg 2003-07-28 2003-08-

01

2007-07-

04 2009-06-11 2010-12-22

2011-01-

21 (?)

Malta entered the EU later 2008-04-

21 2008-12-11 2010-01-07

2010-07-

06 (?)

Netherlands 2002-09-09 2004-04-

30

2007-12-

10 2009-01-29 2009-09-30

2012-02-

27 (?)

Poland entered the EU later 2007-04-

14 2009-02-06 2010-04-07

2012-01-

13 (?)

9

Portugal 2003-07-14 2003-07-

14

2008-07-

11 2008-09-23 2009-06-29

2011-03-

04 (?)

Romania entered the EU later 2009-01-15 2010-01-08 2012-05-

22 (?)

Slovakia entered the EU later 2007-07-

20 2008-07-29 2009-03-17

2010-11-

11 (?)

Slovenia entered the EU later 2007-01-

18 2008-02-07 2009-03-10

2010-12-

07 (?)

Spain 2002-10-04 2002-10-

04

2007-05-

03 2009-03-12 2010-06-15

2010-06-

21 (?)

Sweden 2002-06-25 2003-03-

27

2007-03-

21 2009-03-11 2009-09-14

2011-04-

15 (?)

United

Kingdom

2002-12-17 2004-09-

03

2007-10-

16 2010-01-12 2010-04-20

2011-08-

11 (?)

European

Communitie

s

2004-02-25 2004-12-

21

2009-02-

26 2010-03-29 (2012)4 (2012) (?)

SAA entry

into force 2004-04-01

2005-02-

01

2009-04-

01 2010-05-01 (2012)4 (2012) (?)

10

PRESENT SITUATION IN THE ACCESION PROCESS

Bearing in mind the fact that Bosnia and Herzegovina (hereinafter, Bosnia or BiH) is seriously

lagging behind other countries from Western Balkans on the way to EU membership, it seems

that Bosnia is a ―special case‖ or a sui generis country for the EU officials. For instance, a

statement delivered by Milorad Dodik, the populist leader of the most popular Bosnian Serb

party - the Union of Independent Social Democrats (SNSD), provides indicative signal of

unclear, vague, and complex relations between BiH and the European Union. In fact, Dodik,

with regard to appointment of Peter Sørensen as a new Head of EU Delegation to Bosnia and

Herzegovina, said that he has set measures and conditions in order to create good cooperation

with the European Union. In other words, Dodik asserted that Sørensen will have a partner in

Republika Srpska only if the solutions for Bosnian problems are not imposed from international

community1.

Thus, even before the international official started his mission in Bosnia and Herzegovina, the

Bosnian political elites have prepared some measures to be respected, and kept a look on his

interaction and work with local political representatives. However, this is quite an unacceptable

and paradoxical situation since the EU is in position to set the standards and measures to be

implemented rather than politicians from the potential candidate and candidate countries. What

we have in Bosnia is the fact that Dodik — and on other occasions, a number of local politicians

from all the three ethnic communities equally, namely Bosnian Muslims, Bosnian Croats, and

Bosnian Serbs — is interpreting the European standards and criteria according to their so-called

―Bosnian standards‖ built in particularistic ideological interests. As a result, the political positions

and views the Bosnian politicians hold clearly demonstrate the seriousness and depth of the

credibility crisis that the European Union states are facing in Bosnia and Herzegovina.

1 Šajinović (D.), « Nema razgovora dok se narušava Dejton », Nezavisne novine, 24/07/11

2Although it was thought that the process of European integration, which started in the

aftermath of the war in 1995, would bring political stability, economic prosperity and social

harmony to Bosnia and Herzegovina, it has not happened so far. In other words, most of the

strategies which the EU has used in Bosnia have ended in failure, except for a new state agencies,

police reform, and visa liberalization. Thus, according to the European Commission’s Progress

Report for 2011 which evaluates the country’s progress regarding the EU-related reforms, Bosnia

and Herzegovina has been lagging behind other countries from the western Balkans —

comprising today Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of

Macedonia, Montenegro, Serbia, as well as Kosovo

It is a natural part of the Europeanization process that the European Union goads Bosnian

government to implement necessary economic, political, legal and administrative reforms as a

part of the country’s EU-related reforms through which it has been going through since late

1990s. However, Bosnia is for a long time in a serious political impasse due to different interests

of the three ethnic communities regarding the future structure of the country’s constitutional

framework and the country in general. Additionally, the EU is equally responsible for the current

status quo since its member states are not united in terms of proposed standards and measures

expected from Bosnian government.

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69 Abramowitz (Morton), Hooper (James), « Re-repairing Bosnia after Dayton », Guardian,

18/03/10.(...)

European leaders believe that mere process of Europeanization of Bosnia will bring stability,

prosperity and genuine peace to the country. They expect the Bosnian political elites to make

required changes including the question of a constitution that might satisfy all three ethnic

communities. Yet, this is too a simplistic and one-dimensional view with regard to complicated

Bosnian political and social context. Although the Copenhagen and Madrid criteria propose what

are the standards, values and norms that have to be implemented in the EU aspirants, the EU

states have not sent clear messages regarding their expectations from the Bosnian political elites.

As a result, BiH political elites effectively manipulate with reluctance opinions coming from the

EU states. This is a serious credibility gap for the EU since it could not assert and prove itself as

a strong and influential actor that is capable of solving ―the Bosnian paralysis‖. Thus, leaving

Bosnians to explore the options that befall a failed state – located within Europe but on the

margins of its prosperity and unity – is to simply acknowledge a bankruptcy policy69.

70 Batt (Judy), art.cit., p. 1.

Despite the fact that the EU has utilized a number of strategic tools, instruments and institutions

in the post-war Bosnia and Herzegovina in order to help the country’s EU reform process, such

an approach proved rather weak, ambiguous, and even unsuccessful. For instance, very often

disunited position of the EU member states makes the role of the EUSR in BiH ineffective and

highly invisible and weak — as it appeared with former EUSR Miroslav Lajcak. Furthermore, as a

fundamental agreement, the SAA, has not generated expected reform processes and thus it

should indeed be re-examined in order to make it closer to real needs of BiH. Although it has

become more than obvious that Bosnia is a different case from the Central and Eastern

European countries’ integration process, the EU has treated the country as any other. No doubt

the EU leaders are often making the same mistake of ignoring the real problems of Bosnian state

because they believe that mere process of European integration will make the country more

democratic, stable and functional. Thus, the EU officials could make the same mistake from early

1990s since BiH ethnic leaders would manipulate with their reluctance and ignorance. As a result,

the European officials have remained in a vicious circle between the ―European values‖ and

extremely opposing interests of the three ethnic elites in Bosnia. Batt warns that « the EU needs

to rebuild its credibility in BiH by forging a unified position on a long-term strategy for the

country, actively engaging in the constitutional reform process and giving more effective support

to the next EUSR »70. Thus, probably the newly lunched EU strategy of enhanced EUSR headed

by Peter Sørensen, will prove capacity of the EU in helping Bosnia to resolve its political and

social enigma.

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MEMBERSHIP CRITERIA’S FOR BOSNIA AND HERZEGOVINA

Membership requires that candidate country has achieved stability of institutions

guaranteeing democracy, the rule of law, human rights, respect for and protection of minorities,

the existence of a functioning market economy as well as the capacity to cope with competitive

pressure and market forces within the Union. Membership presupposes the candidate's ability to

take on the obligations of membership including adherence to the aims of political, economic

and monetary union.

-Excerpt from the Copenhagen Presidency conclusions

These membership criteria were laid down at the June 1993 European Council in Copenhagen, Denmark, from which they take their name.

The Copenhagen criteria are the rules that define whether a country is eligible to join the European Union. The criteria require that a state has the institutions to preserve democratic governance and human rights, has a functioning market economy, and accepts the obligations and intent of theEU.

Following the first high-level dialogue on the countries accession progress, held in Brussels on 27 June, both sides concluded that while Sarajevo had a clear perspective to become a member of the EU, it still needed to meet certain requirements before it could submit a "credible" membership application.

In the first half of the year 2012 the EU and Bosnia and Herzegovina have agreed to a road map on the steps to take before the Balkan state can officially apply for EU membership. The road map for the BiH's EU membership application was agreed on 27 June and foresaw submission of a proposal by Bosnia and Herzegovina to the Parliamentary Assembly by 31 Ausgust containing suggestions for amendment of the Constitution, by making it compliant with the Sejdic/Finci ruling of the European Court of Human Rights (ECtHR).

A first step - which would lead to the ratification of a stabilization and association agreement (SAA) with the EU - would be to ensure a political agreement on the Sejdic-Finci ruling and to change the constitution accordingly by November this year. The 2009 Sejdic-Finci ruling by the European Court of Human Rights found that the Bosnian constitution discriminated against citizens based on nationality, following complaints by Jakob Finci and Dervo Sedjic, a Jew and a Roma from BiH, who were stopped from running for high-level government positions. Despite the ruling, Sarajevo's current constitution still provides that only ethnic Bosniaks, Serbs and Croats can be elected members of BiH presidency and House of Peoples. The ratification of the SAA between the EU and BiH was stopped after the court's ruling.

But by the end of august 2012. The judgment for the Sejdic-Finci was not put in force; therefor other road map key dates could not be full field.

The European Commissioner for enlargement and European neighbourhood policy Štefan Füle and the secretary general of the Council of Europe (CoE) Thorbjørn Jagland expressed disappointment with the inability and unwillingness of Bosnia and Herzegovina to implement the road map for the country's EU membership application.

In a joint statement dating from 4 September, the EC and CoE representatives noted 'with great disappointment that the institutional and political leaders of Bosnia and Herzegovina missed the first timeline for implementing the road map'.

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EU PROGRAMS AND BOSNIA AND HERZEGOVINA

Basic information about the EU Programmes The aim of the European Union programmes (formerly known as Community programs) is to support the policies of the European Union, and the enhancement of cooperation between EU member states and their citizens in a variety of areas: culture, science, environmental protection, transportation, energy, consumer policy, education, health, judicial, fiscal and customs policy, etc. Western Balkan countries have the possibility to participate in EU programs, established by the conclusions of the European Council in Thessaloniki in June 2003, to support efforts towards European integrations, sharing of best practices, experiences and knowledge, and the adoption and implementation of the acquis. The participation of the Western Balkan countries in EU programs governed by the Framework Agreement on the general principles of a country's participation in EU programs that are made for an indefinite period, but is reviewed every three years. With the entry into force of the Framework Agreement on the general principles for the participation of Bosnia and Herzegovina in Community programs, since January 2007. year, Bosnia-Herzegovina has opened the possibility of accessing certain programs. Accession process to the Programmes of the EU Following the policies of the European Union, not all programs are geared towards meeting the priorities of the Western Balkans. Therefore, the Western Balkan countries recommended a selective approach, gradually joining the EU programs, in line with the current needs of each country separately. It is necessary to take into account the available administrative and institutional capacity, legislative framework and budget funds to be set aside for participation in the program. EU programmes provide for the appointment of state coordinator/contact person for the program, with the aim of supporting and improving the country's participation in EU programs. For some applications it is necessary to establish a state agency, accredited by the European Commission, which would be responsible for the implementation of programs in the country. Full membership is achieved by signing the Memorandum of Understanding between the European Commission and the countries interested in joining a particular program, and paying "entry ticket". Memorandum prepared by the European Commission, after the competent State institutions express an interest in participating in the program. Memorandum differs from program to program, but basically the rules for participation in the program, administrative capacity, mechanisms for program management, and financial provisions. To the Western Balkan countries could participate in EU programs is necessary to provide sufficient budget funds to pay financial contributions, so-called. "Entry ticket". The state has the opportunity to part of the proceeds to pay admission ticket requests under the Instrument for Pre-Accession Assistance (IPA). The amount of input maps that should be exempt from the state's own budget may be subject to negotiation with the European Commission. Review of the status of BiH to participate in EMP Bosnia and Herzegovina is a member of the Seventh Framework Programme for Research and Technological Development - FP7 and the Culture and Europe for Citizens program. In addition, Bosnia and Herzegovina to participate in programs in education Tempus and Erasmus Mundus. Although not a member of Lifelong Learning, Bosnia and Herzegovina can participate, as an associate partner in the activities of multilateral projects and networks, and on an equal footing

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with other countries in the Jean Monnet sub-program. Participants from Bosnia and Herzegovina have access to two activities of the Youth in Action: The European Voluntary Service and Youth in the World (Activity Cooperation with neighboring countries). Bosnia and Herzegovina has initiated activities in connection with the accession of the MEDIA 2007 Programme and the Safer Internet. EU programs in which BiH participates Bosnia and Herzegovina is a member of the Seventh Framework Programme for Research and Technological Development - FP7 and Culture program. In addition, Bosnia and Herzegovina to participate in programs in education Tempus and Erasmus Mundus. Although not a member of Lifelong Learning, Bosnia and Herzegovina may be involved, as a partner, in the activities of multilateral projects and networks, and the Jean Monnet sub-program. Participants from Bosnia and Herzegovina have access to two activities of the Youth in Action: The European Voluntary Service and Youth in the World (Activity Cooperation with neighboring countries). IPA Component II – Cross-border Cooperation Within the framework of the second IPA Component – cross-border cooperation, BiH is

participating in six programs: three bilateral cross-border cooperation programs with Croatia,

Serbia and Montenegro, one cross-border cooperation program with Member States – IPA

Adriatic Program, and two programs of transnational cooperation South East Europe (SEE) and

Mediterranean (MED).

All programs are implemented through grant schemes and the calls for submission of project

proposals are published. (more information on each individual project can be found on relevant

programs web sites). Activities related to the implementation of the programs of cross-

border/transnational cooperation in BiH are under the purview of the Directorate for European

Integration/Division for Coordination of the EU Assistance Programs/Department for Cross-

Border Cooperation, International and Special EU Assistance Programs.

Serbia - BiH Cross - border Cooperation Program between Serbia and BiH

Year 2007. 2008. 2009. 2010. 2011. 2012. 2013.

BiH 0,7 0,7 0,7 0,7 0,7 1 1

15

Serbia 1,1 1,1 1,1 1 1 1 1

Total* 1,8 1,8 1,8 1,7 1,7 2 2

*) amounts in million Euros

Overall Objective of the program is to stimulate economy and decrease relative isolation of the program area through strengthening of joint institutional networks and human resources.

Priority 1: Achievement of social and economic cohesion through activities aimed at improvement of physical, business, social and institutional infrastructure and capacities.

Measure 1.1: Improvement of productivity and competitiveness of the economic, rural, and environmental resources of the program area;

Measure 1.2: Initiatives within the framework of cross-border cooperation aimed at the exchange of people and ideas in order to improve the cooperation within expert groups and civil society.

IPA Adriatic Program 20072013

The IPA-Adriatic Cross-border Cooperation Program is the result of joint programming work carried out by the relevant participating countries and is part of the cooperation process in the Adriatic area. The Program draws its strength and incisiveness from the wide experience, gained during the previous Program period producing concrete results from the studies and analysis financed in the past.

Year 2007. 2008. 2009. 2010. 2011. 2012.** 2013.**

IPA Adriatic Programme* 20 34 37 38 38 39 41

*) amounts in Euro *integrated approach – allocations by all participating countries pooled into a single, joint fund (ERDF+IPA) ** indicative amounts

Overall objective of the program is strengthening of sustainable development capabilities of the Adriatic region through a concerted strategy of action between the partners of the eligible territories. Priority 1: Economic, Social and Institutional Cooperation Measure 1.1: Research and Innovation; Measure 1.2: Financial Support for Innovative SMEs; Measure 1.3: Social, Health and Labor Networks; Measure 1.4: Institutional Cooperation.

Priority 2: Natural and Cultural Resources and Risk Prevention

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Measure 2.1: Protection and Enhancement of the Marine and Coastal Environment; Measure 2.2: Natural and Cultural Resource Management and Prevention of Natural and Technological Risks; Measure 2.3: Energy Savings and Renewable Energy Sources; Measure 2.4: Sustainable Tourism.

Priority 3: Accessibility and Networks Measure 3.1: Physical Infrastructure; Measure 3.2: Sustainable Mobility Systems; Measure 3.3: Communication Networks.

Mediterranean Program (MED) The Mediterranean Transnational Cooperation Program (MED)

The MED program is a transnational program of European territorial cooperation. It is financed by the European Union as an instrument of its regional policy and of its new programming period. It continues the tradition of the European programs for cooperation (previously named Interreg).

The transnational setup allows the program to tackle territorial challenges beyond national boundaries, such as environmental risk management, international business or transport corridors. So far, 108 projects are running under the MED Program co-funded by the European Regional Development Fund (ERDF) up to a rate of 85%.

With a budget of more than 250M€ (whose 193M€ of ERDF), the Program will launch, until exhaustion of its ERDF envelope, calls for projects to build transnational partnerships aiming at meeting the priority objectives of the Program in the Mediterranean space.

Program objectives

• To improve the area's competitiveness in a way that guarantees growth and employment for the next generations (Lisbon strategy).

• To promote territorial cohesion and environmental protection, according to the logic of sustainable development (Goteborg strategy).

Year 2007.* 2008.* 2009.* 2010.** 2011.** 2012.** 2013.**

MED / 0,1 0,1 0,92 1,3 1,5 1,8

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- amounts in Euro *) allocation for BiH; **) single IPA fund for all IPA beneficiary countries

Overall objective of the program is to improve the competitiveness of the Mediterranean area with the aim to promote growth and employment opportunities for future generations, including territorial cohesion and environment protection in the light of sustainable growth.

Priority 1: Strengthening innovation capacities

Measure 1.1: Integration of innovative technologies and knowledge;

Measure 1.2: Improvement of strategic cooperation between stakeholders in the area of economic development and public institutions.

Priority 2: Environment protection and promotion of sustainable territorial development

Measure 2.1: Protection and improvement of natural resources and heritage;

Measure 2.2: Promotion of renewable energy sources and improvement of energy efficiency;

Measure 2.3: Prevention of risks at sea and strengthening of safety at sea;

Measure 2.4: Prevention and fight against natural catastrophes.

South-East Europe (SEE) The South East Europe (SEE) Transnational Cooperation Program

The South East Europe program is a unique instrument which, in the framework of the Regional Policy's Territorial Cooperation Objective, aims to improve integration and competitiveness in an area which is as complex as it is diverse.

The program is supporting projects developed within four Priority Axes: Innovation, Environment, Accessibility, and Sustainable Growth Areas - in line with the Lisbon and Gothenburg priorities, and is also contributing to the integration process of the non-EU member states.

Year 2007.* 2008.* 2009.* 2010.** 2011.** 2012.** 2013.**

SEE 0,45 0,4 0,46 4 4 4,2 4,3

- amounts in Euro *) allocations for BiH; **) a single IPA fund for all IPA beneficiary countries

Overall objective of the program is to develop transnational partnerships within the fields of strategic importance in order to improve the process of territorial, economic and social integration and enhance cohesion, stability and competitiveness of the region.

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Priority 1: Facilitation of Innovation and Entrepreneurship

Measure 1.1: Development of technology and innovation networks in specific fields;

Measure 1.2: Development of enabling environment for innovative entrepreneurship;

Measure 1.3: Improvement of the overall conditions and paving the way for innovation.

Priority 2: Protection of and Improvement in the Environment

Measure 2.1: Improvement of integrated water management and transnational flood risk prevention;

Measure 2.2: Improvement of environmental risks prevention;

Measure 2.3: Promotion of cooperation in management of natural resources and protected areas;

Measure 2.4: Promotion of energy efficiency and use of other resources.

Priority 3: Improvement of Accessibility

Measure 3.1: Improvement of coordination in the field of promotion, planning and operation of primary and secondary transportation networks;

Measure 3.2: Development of strategies dealing with the "digital divide";

Measure 3.3: Improvement of the overall conditions for multi-modal platforms.

Priority 4: Development of Transnational Synergies for Sustainable Growth Areas

Measure 4.1: Finding solutions to crucial problems affecting urban areas and regional systems of populated areas;

Measure 4.2: Promotion of a balanced pattern of attractive and accessible growth areas;

Measure 4.3: Promotion of the use of cultural values for the sake of development.

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WORK TO DO AND CONLUSIONS!?

To become a part of the integrating European family Bosnia and Herzegovina have still much work to do to implement the strategies and road map for EU Integration. Especially the case Sejdić Finici is important because of the political discrimination which is now allowed by European Law.

Even it’s a political issue; B&H face a lot of problems to regulate the law system in the country so that it will be compatible with the European law system. The biggest problem regarding to that is the conflict between the entities and the state level, where the entities don’t want to give power to the state so that the state itself can give this competence to the EU level after the Accession.

Here the first step have to be constitutional changes so that the state level can gain the competences that are needed to lead the integration process and create a road map of reforms which will allow that Bosnia and Herzegovina will get the status of a candidate and step by step becoming member at least in 2020 or 2022.

Bosnia and Herzegovina have also the opportunity to learn and cooperate with their neighbor country Croatia which will be an EU country from July 2013. There is also work to do especially the ratification of the treaty regarding the borders between the countries, so that tis dispute will not be a break in the process of Bosnia and Herzegovina like it was for Croatia with the border dispute with Slovenia.

To conclude, Bosnia and Herzegovina have done some progress in the last years, especially in the sphere of opening the market for free trade and decreasing the state control. But B&H faces political problems and political crisis where the process of EU integration of the country is frozen and where internal stakeholders still prefer to hold the local power instead to help the state in the integration process. Constitutional changes are crucial, and establishing special relationships with the Republic of Croatia which can help B&H in the process is also a priority for getting a better position in the accession process.

The visa liberalization is a first step that shows that Bosnia and Herzegovina can control this issue, so that from all countries that get visa liberalization Bosnia and Herzegovina have the less number of citizens that search asylum in the EU. This fact is representative for the will of the citizens of Bosnia and Herzegovina to build up their country in that way so that they all can be a part of the European Union.

We think that Bosnia and Herzegovina is a part of the European family and have to become a

part of the European Union, not only because of the economic benefits but also for legal reasons

witch will bring the citizens of our country more rights and opportunities in the basic freedoms

witch are defined in the treaties on the European Union.