Micheál Martin (Cork South Central, Fianna Fail)

As the Deputy will be aware, the Stabilisation and Association Agreement with Serbia was signed in April 2008. However, it was decided to defer ratification of the agreement until the Council was satisfied with Serbia's co-operation with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Following a positive assessment by Chief Prosecutor Brammertz regarding Serbia's ongoing co-operation with the tribunal, Ministers decided, by consensus, at the Foreign Affairs Council on 14 June 2010 to submit the agreement to their national parliaments for ratification. At the same time, the Council again underlined that full co-operation with ICTY remains an essential element of the Stabilisation and Association Agreement process.

The Chief Prosecutor also reported to the UN Security Council in June 2010. His report found that Serbia has co-operated satisfactorily with the tribunal in terms of access to documents, archives and witnesses. He particularly welcomed the seizure by Serbia in February 2010 of Ratko Mladic's handwritten war time notebooks. He also encouraged Serbia to increase its operational capacities and adopt a more rigorous and multi-disciplinary approach to the arrest of the remaining two fugitives. The Serbian Government in reply confirmed that the Chief Prosecutor's suggestions and recommendations are being implemented.

Each member state ratifies Stabilisation and Association Agreements according to its own internal procedures. In Ireland's case, this requires the passing of a resolution by Dáil Éireann approving the terms of the agreement. It is proposed to submit a motion to Dáil Éireann in relation to the ratification by Ireland of the Stabilisation and Association Agreement with Serbia in the near future.

The EU's Stabilisation and Association Agreement process provides the framework for co-operation on economic, political and legal matters aimed at bringing the western Balkan countries towards the standards and principles required for EU accession. Co-operation with ICTY is a precondition for those wishing to conclude Stabilisation and Association Agreements with the EU. It is a precondition which the EU has enforced consistently and firmly.

When I met with the Serbian Foreign Minister, Vuk Jeremic, in New York last month he emphasised the importance Serbia attaches to EU integration. During the meeting I asked him about progress on issues relating to ICTY. Minister Jeremic underlined Belgrade's commitment to full co-operation with ICTY, noting that 44 of 46 indictees have been arrested and handed over to the tribunal. He said that Serbia wants to see the remaining two indictees arrested as soon as possible.

It is important, I believe, that we acknowledge the substantial progress Serbia has made in the ten years since protests led to the end of the Miloševic regime. We must continue to assist and encourage Serbia on its path to the EU. At the same time, as with the Stabilisation and Association Agreement process, the EU will insist that Serbia co-operates fully with ICTY in bringing to justice the two indicted war criminals that remain at large. However, as the Deputy will appreciate, we must base our decisions on the official reports by the chief prosecutor, rather than comments reported in the media.

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