PRIORITIES FOR KOSOVO UNDER UNSCR 1244
ANNEX 3Supplementary provisions
ANNEX 3 PRIORITIES FOR KOSOVO UNDER UNSCR 1244 SHORT TERM PRIORITIES Key priorities — Continue to work closely with the planning teams preparing the envisaged international/EU mission in order to be able to fully implement a settlement. — Cooperate constructively on matters relating to Serbia. — Ensure full cooperation with the International Criminal Tribunal for the former Yugoslavia. — Ensure full respect for the rule of law, human rights and protection of minorities and pursue a policy of zero tolerance against corruption, organised crime and financial crime. — Ensure democratic governance of, and delivery of public services to, all people of Kosovo, establishing a professional, accountable, accessible, representative public administration free from undue political interference. — Advance the reform of self-government and increase administrative capacity to facilitate decentralisation, taking into account the views and interest of all communities in Kosovo, adopt the legislative framework and allocate appropriate budgetary resources. — Create a climate for reconciliation, inter-ethnic tolerance and sustainable multi-ethnicity which is conducive to the return of displaced persons. Ensure the respect, security, freedom of movement and participation of all communities. Explicitly condemn all manifestations of anti-minority sentiment. Vigorously prosecute all inter-ethnic crime. — Ensure the full respect of religious freedom. Ensure the protection of cultural and religious heritage and take measures to prevent and prosecute attacks on sites. — Create a society free from discrimination of any kind and promote the integration of disadvantaged groups. — Continue to strengthen property rights, the legal framework and the accessibility of courts, with a view to promoting a business friendly environment. Political criteria Democracy and the rule of law Provisional institutions of self-government — Fully ensure the effective functioning of the assembly and its committees, the government and municipalities, including full respect of the respective rules of procedure and codes of conduct, and of the rights and interests of all communities. — Increase executive oversight by, and accountability and transparency within, the assembly. Strengthen the assembly's own administrative capacity. — Publish the Official Gazette in a timely manner and ensure that it is fully correct. Enhance checks on the respective language versions to ensure that they are identical and ensure public access to the Official Gazette. — Further increase minority representation in all institutions and the civil service at municipal and central level. Parliament/elections — Hold free and fair elections. Strengthen the independent and multi-ethnic Central Election Commission to administer elections in a timely manner. — Make sure that adequate voting sites, security and other measures are provided to all communities to exercise their voting rights. Enable internally displaced persons and refugees to participate in the elections even if their ability to return to Kosovo is limited. — Enhance checks on EU compatibility of all new legislation. Public administration — Reinforce capacity for government coordination and define more precisely the responsibilities of the central and local authorities for ensuring consistency of policy implementation. Strengthen the efficiency of the government's functions of monitoring the performance of the public service. — Rigorously enforce transparent procedures on recruitment, transfer, appraisal, promotion, conduct and dismissal of civil servants, including police and justice system employees, and on financial management. — Improve the functioning and strengthen the independence of the Independent Oversight Board and the Senior Public Appointments Committee. — Improve quality and availability of basic public services to all communities, including a contribution to reduce the demand for services provided by parallel structures. — Advance the decentralisation process and adopt, inter alia , the laws on local government and municipal boundaries. Judicial system — Ensure effective, independent, accountable and impartial courts and prosecution offices, free from political influence. — Strengthen the Prosecutor's Office to ensure that it is able to comply with the principles of autonomy and impartiality. Continue to strengthen the Special Prosecutor's Office. Ensure the implementation of an efficient witness protection security scheme. — Approve laws on courts and the prosecution and implement them. Develop a system of administrative justice and streamline relevant legislation and competences. — Implement the automated case management system fully in all courts and prosecution offices. Reduce the backlog of cases and the enforcement of civil court decisions. — Strengthen municipal courts and police action to address, prevent and sanction illegal occupation, use and construction of property in an impartial manner. — Further develop legal education and training, particularly for judges, prosecutors and administrative personnel. Transform the Judicial Institute into a viable institution responsible for judicial training. — Develop the capacity in the government free from undue political influence to take on responsibilities in the areas of justice and the interior. Implement a system of appointment, dismissal and career promotion for judges and prosecutors in line with European standards, free from political interference. — Increase efforts to meet international standards in the handling of mutual legal assistance requests in criminal matters and extradition requests. — Strengthen the access to justice of minority communities and reinforce mechanisms such as the courts' Liaison Offices. — Continue to take measures to facilitate an equitable ethnic representation of judges. — Strengthen the administrative capacity, coordination and effectiveness of the judiciary and all law enforcement agencies. Ensure the viability of a comprehensive legal aid system. Anti-corruption policy — Implement the law on the suppression of corruption and the anti-corruption plan. Strengthen the anti-corruption agency and take measures to ensure fully its independence and functioning. — Streamline the competencies of the Anti-corruption Agency, the Office of Good Governance and the Anti-corruption Council. Human rights and the protection of minorities — Complete the legislative framework and enhance the respect of mechanisms for the protection of human and minority rights in line with Council of Europe recommendations. Adopt and implement a comprehensive Human Rights Strategy. — Strengthen the legal framework related to the freedom of expression. Provide the independent media commission with the relevant resources to respect the provisions of the legislation. Remove any legal ambiguities in relation to insult and defamation. — Elect an ombudsperson and adopt legal provisions which ensure implementation of the ombudsperson's recommendations. — Define and adopt a government programme to promote women's rights in Kosovo. — Implement the anti-discrimination law effectively. In particular, make the human rights units within ministries fully operational, and ensure their independence and coordination with Ombudsperson's activities. Organise awareness campaigns to inform the private sector, civil society and academic circles about this law. Monitor the implementation of the law and report on it. — Develop community-based services and aid to dependent persons, including in the field of mental health. — Promote anti-discrimination policies throughout the country, addressing all groups at risk. — Adopt and implement adequate legislation in order to ensure legal protection for children. Minority rights, cultural rights and protection of minorities — Fully enforce the law on official languages as well as on cultural heritage and set up an/effective mechanism to monitor its implementation. — Regularise informal settlements. Find sustainable solutions for the housing and integration of Roma communities that are living in hazardous living conditions in camps and for internally displaced persons groups living in informal centres. — Strengthen administrative structures and accountability mechanisms in the Ministry of Communities and Returns. Clarify the division of responsibilities regarding the return between the Ministry of Local Governance and the Ministry of Communities and Returns, at central and local levels. Further develop and implement the joint strategic framework on communities and returns, and develop mechanisms at municipal level for facilitating the sustainable integration of returnees and existing minority communities. — Facilitate and encourage the return of refugees and displaced persons from all communities and finalise the rehabilitation of properties damaged and destroyed by the March 2004 events, including historic and religious sites. Regional issues and international obligations — Strengthen regional cooperation and good neighbourly relations. — Implement the Central European Free Trade Agreement (CEFTA) and participate actively in all relevant regional initiatives, inter alia , under the auspices of the Stability Pact, including the process of its transition towards a more regionally owned cooperation framework. Economic criteria — Maintain sound fiscal policies and, in particular, ensure that social policies addressing poverty and social exclusion are compatible with the long-run sustainability of public finances. — Establish annual targets for improved bill collection rates of public utilities and define and implement strategies to reach those targets. — Significantly advance the privatisation of former socially-owned enterprises in accordance with the Trust Agency schedule. — Improve the governance, efficiency and financial sustainability of publicly-owned enterprises. Further strengthen the operational and financial independence of regulatory authorities with a view to enhancing transparency and competition in the respective sectors. — Develop and implement policies facilitating the transfer from non-registered to registered employment in order to create a functioning official labour market and to enhance the effectiveness of labour market polices. European standards Internal market Free movement of goods — Adopt the horizontal framework legislation to establish the necessary infrastructure for the proper operation and segregation of the various functions (regulatory, standardisation, accreditation metrology, conformity assessment and market surveillance) needed to apply the acquis on the free movement of goods. Free movement of capital — Adopt appropriate prudential requirements and strengthen the supervisory process in the financial sector. Customs and taxation — Further approximate customs legislation with the acquis and continue the efforts to enhance the capacity of the customs administration to combat corruption, counterfeiting and cross-border crime. Enhance the capacity of the criminal investigation unit. — Observe the obligations related to the implementation of preferential trade measures, in particular with regard to origin. — Continue approximation of tax legislation to the EU acquis and strengthen the administrative capacity of the tax administration. Reinforce the collection capacity of the tax administration and increase tax revenue. — Commit to the principles of the Code of Conduct for business taxation and ensure that new tax measures are in conformity with these principles. Public procurement — Adapt the public procurement framework by adopting the necessary implementing legislation to ensure compatibility with the acquis . Provide a public procurement institutional framework with the administrative capacity and independence to carry out its mission. Intellectual property rights — Provide the administrative and judicial capacity to implement the intellectual property law and to enforce intellectual property rights. Employment and social policies — Adopt an employment strategy, including improving the collection of data on employment matters. — Improve public information on access to social security systems and enhance municipal capacities in social assistance matters. — Amend legislation on the social insurance and pension scheme. — Review the social benefits scheme to ensure non-discrimination of beneficiaries. Education and research — Increase the budget for education, in particular to improve school infrastructure, end the teaching shifts and address the lack of materials and equipments. — Develop action plans to implement the education strategies with increased dialogue and coordination between all levels and all stakeholders and allocate necessary resources. — Fully implement the legislation on vocational training and start implementing the law on a national qualification framework. — Continue the development of a national framework for monitoring and evaluating the teaching. — Ensure better involvement in the EU higher education programmes. Sectoral policies Industry and SME — Implement a medium-term strategy to support the development of SMEs, including the strengthening of the SME support agency and the strengthening of the investment promotion agency. Continue implementation of the European Charter for Small Enterprises. Agriculture and fisheries — Determine clear responsibilities within the different services in the agricultural sector (including the veterinary and phytosanitary administration) and their relations with the Ministry of Agriculture, Forestry and Rural Development, local governments and municipal level. — Adopt the law on food and the consequent implementing legislation, and establish the relevant agency to implement and enforce the law. — Ensure the operational character of the system for identification of animals and registration of their movements. — Draw up a plan to upgrade agri-food establishments. Environment — Implement the law on environmental impact assessment adopted by the Assembly. — Implement the comprehensive environmental action plan, particularly relating to public health issues. — Continue approximation with European standards in the field of environment. — Continue efforts to increase public awareness and civil society participation in environmental matters. Transport policy — Continue implementing the Memorandum of Understanding on the development of the South-East Europe (SEE) Core Regional Transport network including the Addendum on a SEE Rail Transport Area. — Implement the laws on road transport and on road safety Develop a multi-modal transport strategy. — Continue improving data-led asset management for the maintenance and rehabilitation of transport infrastructures. Ensure EU compatibility of the legislative framework for concessions and take measures to attract investors, including through public-private partnerships, for co-funding large and strategic infrastructure works. — Ensure that the development of the railways sector is compatible with economic development strategy. — Ensure that the Pristina airport operates at an adequate level of security and has sound and accountable management. — Review and improve the system of driving licensing and technical inspection of vehicles. Energy — Ensure the viability and sustainability of the electricity utility, notably by substantially increasing revenue collection and promoting good governance. — Continue implementing the commitments undertaken in the framework of the Energy Community Treaty. Continue preparation of the ‘Kosovo C’ project for electricity generation and supply in full compliance with the acquis as provided for in the Energy Community Treaty. Information society and media — Adopt and begin implementing policy concerning electronic communication networks and services aimed at enforcing full liberalisation and creating a stable open and competitive environment in order to attract foreign investments and improve the quality of the service. — Strengthen the administrative capacity of the regulatory authority. Reinforce its position and ensure its operational and financial independence. — Ensure stable and sustainable funding of the Public Service Broadcaster RTK, the Independent Media Commission and the media fund. Financial control — Continue efforts to implement the public internal financial control strategy and relevant laws as a basis for fulfilling the medium-term priorities in this area. Statistics — Strengthen the administrative capacity of the Statistical Office and improve its operational and financial independence. Ensure the reliability of the statistics including that survey respondents provide quality data to the statistical office in a timely manner, free of charge. — Continue developing economic statistics and accelerate the development of social statistics. Justice, freedom and security Visas, border control, asylum and migration — Enhance the efficiency of the control of the flow of persons at the borders/boundary and enhance the effectiveness and transparency of the department of border and boundary police. — Strengthen the cooperation between border/boundary management agencies and with neighbouring countries. — Establish shelters and reception facilities for asylum seekers. — Adopt a law on migration in accordance with European standards. Draw up a strategy and action plan concerning migration, addressing in particular the readmission and reintegration of persons returned from abroad. Money laundering — Enhance the capacity of the Financial Investigation Unit within the Kosovo Police Service (KPS) organised crime directorate. Train specialised prosecutors and judges. Streamline competencies in the area of money laundering in the different institutions involved. Drugs — Develop a drug prevention strategy and a relevant plan of action to implement it. Further strengthen local capacity in the narcotics investigation section. Police — Adopt the law on the police. — Improve the effectiveness of investigation of crime. Adopt and implement legislation to establish the KPS and strengthen its investigative and internal control capacities. Strengthen its leadership. — Adopt a crime reduction strategy and implement it. Develop a strategy to collect weapons, complete and enforce small arms related legislation. — Set up a strategy and an action plan to combat organised crime and terrorism. — Complete the legislative framework concerning organised crime. — Further strengthen local capacity in the organised crime directorate within the KPS. — Implement the action plan and strengthen legislative provisions and structures to fight more efficiently against trafficking in human beings. Protection of personal data — Develop a comprehensive law on the protection of personal data in line with the acquis , in particular with the Data Protection Directive (95/46/EC), and implement it. Set up an independent data protection supervisory authority, with sufficient powers and with sufficient financial and human resources. MEDIUM-TERM PRIORITIES Political criteria Democracy and the rule of law Public administration — Proceed with a sustainable public administration reform while respecting budgetary constraints. Improve the capacity of local administrations to provide services to their constituencies in an equitable and effective manner. Judicial system — Define and consolidate a complete body of law that respects the rights and interests of all communities, drawing from all legal sources currently applicable in Kosovo. — Develop an alternative dispute resolution mechanism. — Improve the penitentiary system with particular attention to security, control, management, vocational training and reintegration schemes, as well as the condition of facilities. Anti-corruption policies — Develop sectoral action plans to fight corruption and increase awareness of the corruption problem within the public administration as well as in civil society. — Establish a track record in the fight against corruption. Human rights and the protection of minorities — Ensure the viable existence of minority communities and their non-discriminatory participation in society, taking concrete measures to ensure their safety and freedom of movement, as well as the equitable provision of and access to public services. — Implement the law on gender equality. Ensure mainstreaming of women's rights in all existing policies and legislation. — Develop an integrated conservation policy for cultural heritage. Actively engage in increasing the general awareness of and respect for cultural heritage. — Ensure that the Cadastral Agency and the municipal cadastral offices offer transparent and non-discriminatory access to full property records and have functioning accountability mechanisms. Regional issues and international obligations — Further strengthen of regional and international cooperation, including in the field of law enforcement, including by transfer of suspects and sentenced persons and mutual legal assistance. Economic criteria — Further strengthen property rights, rule of law, and accessibility of courts with a view to promoting a business friendly environment. — Develop a strategy for the privatisation, and restructuring where necessary, of public-owned enterprises, with a view to strengthening corporate governance and performance of these enterprises and reducing subsidies to the enterprise sector. — Design and implement active labour market policies in close cooperation with the local business community with a view to enhancing the matching process in labour markets, and increase the share of skilled labour in the overall labour force. — Implement appropriate policies for an increase in the quantity and quality of education at all levels. — Enhance the export capacity. European standards Internal market Free movement of goods — Continue approximation with the new and global approach and old approach directives. — Adopt remaining European Standards (ENs). — Establish a market surveillance structure. Customs and taxation — Continue approximation of tax and customs legislation to the EU acquis . Further increase the administrative capacity of tax and customs services to enforce legislation and to combat corruption, cross-border crime and tax evasion. Public procurement — Ensure that public procurement rules are implemented effectively by contracting authorities and entities at all levels, including through developing operational tools, providing training and strengthening the administrative capacity. Intellectual property law — Continue strengthening the enforcement of intellectual, industrial and commercial property rights, in line with the medium-term strategy. Employment — Strengthen the administrative capacity of labour inspectorates. Education and research — Strengthen mechanisms for quality assurance in the education sector. — Continue efforts to link vocational education and training and the higher education sector with the labour market and economic needs. — Promote the regional cooperation in the field of higher education. — Start developing a policy conducive to research. Sectoral policies Agriculture and fisheries — Develop a policy and a regulatory framework to support viable land reform. Support the protection of agricultural land against unplanned urban development. — Assess the compliance of agri-food establishments with EU requirements and prepare a programme for upgrading those establishments. — Start action for efficient control of domestic plant production, in particular for products with EU-specific requirements. — Develop a sound forest management structure, particularly in combating illegal logging of forests and fighting against forest fires. Environment — Take measures to enforce spatial planning. — Enhance the institutional capacity of the Ministry for Environment and Spatial Planning, improve coordination between administrative bodies in charge of environment-related issues. — Streamline environmental issues in sectoral policies, in particular on energy and transport. Transport policy — Take measures to improve road safety. — Plan and implement maintenance and rehabilitation of transport infrastructures, including the construction of new infrastructure through public-private partnerships, if necessary. — Develop and implement a multi-modal strategy. Energy — Develop legislative and regulatory frameworks to encourage public-private partnerships and mixed investments in the power sector in line with the conclusions of the investment generation study. — Further improve the performance of the electricity utility and integrate in the regional electricity market. Information society and media — Align with the regulatory framework and implement the legislation on electronic communication networks and services to create a more open and competitive environment and strengthen the position and operational and financial independence of the telecommunications regulator. Financial control — Under the coordination of the Ministry of Finance, develop and implement the principles of decentralised managerial accountability and functionally independent internal audit in accordance with international standards and EU best practice through coherent legislation and adequate administrative capacity. — Strengthen the operational capacity as well as the financial and operational independence of the Supreme Audit Institution. Follow up and implement the recommendations of the latter. Statistics — Increase cooperation and coordination within the Kosovo statistical system, develop a quality management system and document, and standardise production and dissemination procedures. Justice, freedom and security Visa, border control, asylum and migration — Further enhance the capacity of the directorate for borders, asylum and migration within the Ministry of Interior. Further strengthen the operational capacity of the border and boundary police service within the Kosovo Police Service. Fighting organised crime and terrorism — Implement and update the strategy against organised crime and terrorism. — Strengthen local capacities to investigate organised criminal activities. — Strengthen judicial capacities to prosecute and try organised and financial crime cases. Drugs — Ensure inter-agency and international cooperation, to considerably improve results in the fight against drug trafficking. Protection of personal data — Implement the law on personal data protection in line with the acquis and ensure efficient monitoring and enforcement.