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Author: Niall Ardill
EFFECTS OF THE BRUSSELS
AGREEMENT ON THE BUSINESS
ENVIRONMENT IN KOSOVO |
INCENTIVES & DETERRENTS
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IMPRINT
Title Effects of the Brussels Agreement on the Business Environment in
Kosovo – Incentives and Deterrents
Assigned by British Embassy, Pristina
Authors Niall Ardill (External Independent Consultant)
Key Contributors Miodrag Milićević (AKTIV, Project Manager)
Nikola Radičević (AKTIV, Project Implementation Team)
Contact AKTIV
Kralja Petra bb.,
Mitrovica
www.ngoaktiv.org
Date March 2016
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Abbreviations
B2B Business-to-Business
LED Local Economic Development
FDI ForeignDirect Investment
K-Serb Kosovo Serb
K-Albanian Kosovo Albanian
ISPs InternetService Providers
ASM Associationof Serbian Municipalities
SME Small and Mediumsize Enterprise
EU European Union
KCC Kosovo Chamberof Commerce
GIZ Deutsche GesellschaftfürInternationale
Zusammenarbeit
SCC SerbianChamber of Commerce
KTA Kosovo Tax Administration
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Table of Contents
1.0 Executive Summary………………………………………………………………………………...............……................5
2.0 Introduction…………………………………………………………………………………………………………………….........6
2.1 Background to the report………………………………………………………………………………………………...........6
2.2 Background to the BrusselsAgreement…………………………………………………………………………............6
3.0 The BrusselsAgreementand Economic Development……………………………………………………...........8
3.1 IndirectImpact Issues.................................................................................................................8
3.2 Infrastructural Impact Issues......................................................................................................8
3.3 Direct Impact Issues...................................................................................................................9
3.4 Political Impact IssuesEconomic Growth....................................................................................10
4.0 Project FindingsonImpacts of BrusselsAgreement………………………………………………………….........12
4.1 Kosovo Chamberof Commerce,Stakeholders and North Kosovo Businessmeeting……………......12
4.2 Panel Discussion on ‘Addressing Political Challenges for Economic Growth in post-Brussels
AgreementKosovo’....................................................................................................................14
4.3 Panel Discussion on Challenges and opportunities for entrepreneurships in post-Brussels
AgreementKosovo…………………………………………………………………………………..................................15
5.0 Conclusionand Recommendations…………………………………………………………………………………………..18
5.1 Recommendationsat a Local Economic Developmentlevel........................................................18
5.2 Recommendationsat a Political level relatedtoLocal Economic Development...........................20
6.0 Bibliography…………………………………………………………………………………………………………………............22
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1.0 Executive Summary
This paper was developed as part of a project titled,
‘Increasing Business Cooperation in post-Brussels
Agreement Kosovo’, implemented by AKTIV and funded by
the British Embassy, Pristina. The project composed of
multipleactivities with the objective to increasetrade and
business cooperation in post-Brussels Agreement Kosovo.
Project Components
 B2B meetings between north and south Kosovo
businesses.
 North Kosovo businesses participating at AgroKos Trade
Fair, Priština.
 Kosovo Chamber of Commerce and north Kosovo
business meetings.
 Panel discussion: Addressing political challenges for
economic growth in post-Brussels Agreement Kosovo.
 Panel discussion: Challenges and opportunities for
entrepreneurship in post-Brussels Agreement Kosovo.
These components and their results form the basis of this
paper and allowed for analysis of the effects the Brussels
Agreement, signed April 2013,have had on the business
environment throughout Kosovo.
The paper analysed sections of the Agreement both
directly and indirectly related to its impact on Local
Economic Development (LED). The impact of the lack of
stable Policing and Judiciary are seen as key contributors
to the lowlevel of LED and Foreign DirectInvestment (FDI).
Addressingthese issues and implementinga strong ruleof
law throughout Kosovo can be seen to go some way to
assistingwith futureLED and FDI.Infrastructural issuesand
their relationship with economic development have a
major role within the Kosovo business environment.
Stable, improved quality and competitive pricing through
a regulated open market can lead to immediate
improvements. Further to this, the paper examined
components of the Brussels Agreement that are believed
to have a direct impact on LED. The formation of the
Association of Serbian Municipalities, the creation of a
Development Fund, ongoing Diploma Recognition issues,
Customs Revenue Collection and its impacton the flow of
goods and wider Freedom of Movement impacts are
discussed at length throughout.
The meeting between the Kosovo Chamber of Commerce
(KCC) and local businessowners,and the panel discussions
organised gave personal and professional insight into the
implementation of the Brussels Agreement. They allowed
entrepreneurs to voice their concerns and get feedback
from business stakeholders. Following their conclusion,
and analysisa number of recommendations and outcomes
became evident. These are outlined below with more
details contained within the paper.
Recommendations and outcomes of the paper
 Local and central institutions to continuously address
real issues at a Kosovo level currently stagnated due to
slow implementation of the Brussels Agreement.
 Transparent and strategic use and allocation of
Development Fund monies, with fully published accounts
available to the public.
 Establishment of a long-term office to continue to foster
business relationships manage and create new business
linkages and facilitate B2B meetings.
 Direct donor supports to businesses centred on industry
and manufacturing.
 Increased cooperation between north Kosovo businesses
and the KCC.
 Resolution of Telecoms and Energy market, and
associated services, developing a basic requirement for
business environment growth.
 Full reciprocal recognition of Diplomas from Serbian and
Kosovo institution.
 Use of multi-level negotiations, reducing political control
and increasing accountability in implementing the
Brussels Agreement.
The implementation of some or all of these key growth
drivers will allow for LED in the immediate and long-term
for north Kosovo and the wider Kosovo market.
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2.0 Introduction
Thispaperisproducedaspartof the project‘Increasing BusinessCooperationinpost-BrusselsAgreementKosovo’,
implementedbythe non-governmentalorganizationAKTIV,andfundedbythe BritishEmbassy,Pristina.The paper
aims to analyse project findings related to the Brussels Agreement, business cooperation and economic
developmentinthe widerKosovomarket,while alsoofferingrecommendationsforfurtherprogressinthese areas.
2.1 Background to the report
The project set out a number of wide-ranging objectives that would incentivise, facilitate, and foster economic
development and business cooperationwhere previously none or little existed.The project team completed this
through the implementation of activities as outlined below, during which a number of challenges, obstacles,
observations and potentials were observed. These will be discussed throughout this paper on an individual level
and in relation to the relevant articles ofthe BrusselsAgreement to allow an understanding of the economic and
entrepreneurial possibilitiesandpotentialsinpost-BrusselsAgreementKosovo,while alsoconsideringdifficulties
at both a business and political level.
Project components included:
 B2B meetings between north and south Kosovo businesses.
 North Kosovo businesses participating at AgroKos Trade Fair, Pristina.
 Kosovo Chamber of Commerce and north Kosovo business meetings.
 Panel discussion:Addressingpoliticalchallengesforeconomicgrowthinpost-BrusselsAgreementKosovo.
 Panel discussion: Challengesandopportunitiesforentrepreneurshipinpost-BrusselsAgreement Kosovo.
Usingthese statedobjectives,andotherrelevantresourcesthispaperwill seektoofferrecommendationsonfuture
proposals and paths for dealing with challenges and obstacles that have been identified.
2.2 Background to the Brussels Agreement
The Brussels Agreement, signed on the 19th
April 2013 by Ivica Dačić and Hashim Thaçi after 10 rounds of EU-
facilitateddialogue,hasthe aimof normalisationof the relationship betweenSerbiaandKosovo1
.The Agreement
came about after a number of rounds of discussion between the parties and covers areas directly related to
economicdevelopmentandentrepreneurshipsuchastelecommunications,energy,educationand the Association
of Serbian municipalities. The vagueness of these components, and areas indirectly related to economic
developmentsuchas the judiciary,policingandthe operationof courts have led to varyinginterpretationsof the
Agreement by both parties. Further to this, the lack of established clarity and full understanding of the 15
componentsof the Agreementhashadadefiniteimpactonthe implementationprocesswithlittlereal progressin
the almost 3 years since its signing. This stagnationof the implementation of the Agreement has been met with
criticism from each side of the other, with both Belgrade2
and Pristina3
releasing statements highlighting
dissatisfaction with each other. Numerous protests, often violent, against the Agreement have taken place in
1European External Action Service,.(2013). Serbia andKosovoreach landmark deal. Retrieved from http://eeas.europa.eu/top_stories/2013/190413__eu-
facilitated_dialogue_en.htm
2 Office for Kosovoand Metohija,Govt. ofSerbia,. (2015). Pristina’s decision murderingdialogue,Belgrade not acquiescingto circus spectacles.Retrieved from
http://www.kim.gov.rs/eng/v329.php
3 Brussels Agreement ImplementationStateofPlay,KosovoGovernment –March 2015
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Pristina, mostly organised by government opposition parties while immediate reaction in the northern Serbian
municipalities was similar dissatisfaction, with calls from local politicians to halt any implementation.
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3.0 The Brussels Agreement and Economic Development
The ability of the Brussels Agreement to impact on economic development throughout Kosovo cannot be
understated. This will be examined in the context of both direct and indirect impacts and their role in Local
Economic Development and their ability to act at a macro level and attract Foreign Direct Investment.
3.1 Indirect Impact Issues
In post-conflictKosovothere have beenconstantbarriersand obstaclesto the completionof businessandtrade.
Numerous obstacles and barriers have been overcome through various foreign aid interventions, local non-
government contributions and private sector business initiatives. The lack of a regulatory framework for
investments4
,guarantee of investmentsandof afunctioninglegal system5
were identifiedin2002 as keybarrierto
LED and FDI in Kosovo.
However,the inclusionof Policingandthe Judiciaryinthe BrusselsAgreement shows thatlittle progresshas been
made in these areas since entering the post-conflict and post-declaration of independence era. The ability of
institutions in north and south Kosovo, central government in Belgrade and Pristina, and local government in K-
Serb and K-Albanian majority municipalities to overcome these will be a key determinant as to whether the
economic situation can be altered positively in both the micro and macro environment.
3.2 Infrastructural Impact Issues
Infrastructure, both investment in it and its ability to attract FDI and foster wider economic development from
withinhave longproventohave had positive influencesoneconomicdevelopmentinpost-conflictregions.Issues
in Kosovo arose in Energy and Telecoms, sectors that are key drivers of economic development in any society.
Success is evident in post-conflict Croatia where FDI investment in Telecoms is considered to have made an
importantcontributiontoinfrastructure expansion,restorationand/orupgrading to the system6
,andsimilarlyto
FDI in Kosovo for large-scale infrastructural projects it was slow to materialise in the post-conflict era. Lack of
infrastructural development such as this can have an immediate impact on LED especially in the development of
sizeable manufacturing and processing which are absent from most regions within Kosovo. The lack of local
developmentinthisarea,and a reluctance of foreigninvestorsinsuchsectorsfurtherhighlightthe importance of
stable infrastructure in Energy and Telecoms.
The mainelementof Telecomstobe discussedinthe ongoingdialogue isinfixed-line telecommunicationswhere
again the post-conflict Croatian comparison shows positive outcomes from investment in this sector. The
stabilisation of the fixed-line telecommunications, additional mobile providers and the introduction of new ISPs
will allowforan expandednetwork,improvedservices andreducedprices andif successful canlead to increased
4 Local EconomicDevelopmentofKosovo: ResearchReport, Riinvest –April 2002
5 Foreign Direct Investmentin Kosovo:Policy Environment andPromotional Strategy, Riinvest –Sept 2002
6 How Post-Conflict Countries can Attract andBenefit from FDI, Lessons fromCroatia and Mozambique, UNITED NATIONS Conferenceon Trade &
Development -2009
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levels of employment7
, similar to the Croatian model. In all cases the normalisationof relations betweenKosovo
and Serbiawill have apositive effectonthese sectors, andwill potentiallyhave the double effectof attractingFDI
in the development of such services and as a reaction to the development.
Although the Brussels Agreement doesnot specifyinvestmentin infrastructure directly,it can be presumed that
with discussions leading to agreements on Energy and Telecoms covering such areas as responsibility to supply,
pricingand sale,infrastructure ownership,righttodistribute andlicence andsimilar itwill openthe doorforsuch
developments as highlighted above.
3.3 Direct Impact Issues
It is foreseenthatdirectimpactissueswill have the mostpositive effectonLED, if implementedinanappropriate
mannerwhere fundsandresourcesare channelledtosectorswhere theycanbe utilisedandcreate real economic
growthin the formof newbusinessdevelopment,businessexpansionandnew jobcreation. Althoughnotdirectly
mentioned in the Brussels Agreement, a direct result of ‘normalisation of relations’ has led to a number of
resolutions, or beginning of discussions on and/ or implementation of Vehicle Insurance leading to increase of
FreedomofMovement,CustomsRevenue Collection leadingtothe creationof aDevelopmentFund, andDiploma
Recognition.Furtherdirectimpactissuesasaresultof the BrusselsAgreementisthe creationof an Associationof
SerbianMunicipalities withallowancesforfulloverviewof the areasof economicdevelopment,education,health,
urban and rural planning8
.
Freedom of Movement is integral to trade, both supply and sale, and without such ability those with reduced
movementoperateinarestrictedmarketwilllimitedscope fordevelopment,itinhibitscompetitionfromexternal
marketswhichactsas adriverof innovationamongbusinessesandalso aprice determinantforcustomers.Opening
the potential forbusinessesfromnorthandsouthKosovo,andexternal markets(Serbia,Montenegro,Macedonia,
Albania etc.) to enter the wider Kosovo market without insurance cost constraints can greatly enhance the
competitive nature of trade within the economy. The introduction of Customs Revenue Collection at
administrative border boundaries in north Kosovo (Brnjak and Jarinje) has led to the creation of a Development
Fund for the 4 northern municipalities. This fund had accumulatedup to €7.2 million as of September 2015 and
has beenearmarkedforsocio-economicdevelopmentincludingthe constructionof anew fire station,supporting
SME development and expropriation of land for new municipal buildings9
. International aid and civil society
grantingor subventionsthroughmoneyormachinerydirectlytobusinesses,orthe fosteringandimprovementof
the widerbusinessenvironment havetakenplace butlittleevidenceexistsof SMEdevelopmentthroughmunicipal
structures.The introductionof the Customs Revenue Collection hasalsoledto the registrationof 439 companies
for the import/exportof goodsfromthe northernmunicipalities10
.Thisregistrationhaspositiveconnotationsfor
7
Jovančevic, R.(2007) TheImpactofForeign Investment Flows on CroatianEconomy–AComparativeAnalysis. Presented at 7thGlobalConference on Business
and Economics, Oct 13-14, 2007 in Rome, Italy
8 Law No. 04/L-199 onratification ofthefirst international agreementofprinciples governing the normalization ofrelations betweenKosovoand Serbia,
Govt. of Kosovo –Sept2013
9 Brussels Agreement ImplementationStateofPlay (report submitted toEEAS), Govt. ofKosovo –October 2015
10 Brussels Agreement ImplementationStateofPlay (report submitted toEEAS), Govt. ofKosovo –October 2015
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the wider community as it ensures a level of quality assurance and control that was not previously available,
especially when a number of these companies operate in pharmaceuticals and fresh food produce.
Diploma Recognition,althoughadifferentissue,hasimpactsonmultiplelevelsalsohasadirectconnectiontothe
sale and importof pharmaceuticals.The majorityof pharmacistsoperatinginnorth Kosovohave completedtheir
educationinSerbianuniversitiesandhave beenunabletoget theirdiplomarecognisedbyKosovoauthorities.This
lackof recognitionleavesthemwithoutalicence tooperate,whetherdispensingprescriptionsorimportingdrugs11
.
Furtheraffectsof thisisthe inabilityof recentK-Serbgraduatestogainemployment inKosovoinstitutions,localor
central,that require specificqualificationsora level of education. Thisleadstoaone-sidedpublicsectorthatlack
the requiredskillstodeal withthe largestminorityinKosovo,itiscreatesa distinctlydisadvantageoussituationfor
K-Serbs when trying to access employment. This is not just an issue in Kosovo, with ethnic-Albanians resident in
Preševo valley, Serbia experiencing a similar situation. Many ethnic-Albanians in this region complete university
level education in Kosovo due to increased access to courses in Albanian language, however, upon returning to
Serbia these diplomas are not recognised and therefore it is not possible to find employment in Serbian state
institutions12
. Until recognition of diplomas is fully implemented, engaging the relevant Serbian and Kosovo
institutions, the full potential of the creationof employment opportunities and the introduction of qualified and
well educated individuals into public sector institutions and companies cannot be realised.
3.4 Political Impact Issues Economic Growth
Political impacts on the lack of implementation of the Agreement, leading to little economic growth as a direct
result can be considered as both Belgrade and Pristina appeasing public opinion. A report published in 2014
deemed K-Serbs in the North extremely pessimistic, K-Serbs in the south are moderately pessimistic, and K-
Albanians only mildly optimistic on the expected impact of the Agreement, with regard to the security situation
the north, freedom of movement, economic development, EU integration and interethnic relations13
. The
instabilityof the governments,withelectionsandnewgovernmentselectedinbothcentral institutionsin2014 did
nothelpmatters asnewPrime Ministers took control of the ongoingdialogue.Belgrade’sgovernment washanded
a somewhatstable mandate withstrong supportforAleksandarVučić,howeverinPristinathe processof forming
a new governmenttook6monthsindicatingaweaklevel of supportforIsaMustafa andhiscoalitiongovernment14
.
This weak level of support could be considered as a reason for the slow pace of implementation, as unpopular
decision makingcouldhave potentiallyledtoan unseatedgovernment. New electionsinbothSerbiaand Kosovo
are planned for 2016; therefore the slow pace of implementation looks set to continue.
11Retrieved from http://www.balkaninsight.com/en/article/brussels-accords-leave-north-kosovo-in-limbo-1, Balkan Insight article: Brussels accords leave
North Kosovo in limbo - November 2014
12 Big Deal –Lost in Stagnation: CivicOversightofthe Kosovo-Serbia Agreement Implementation, Joint Publication: Balkan InvestigativeReporting Network,
Internews Kosova, Centerfor Research, Transparency and Accountability, - April2015
13 Kosovar Attitudes on the2013Brussels Agreement between KosovoandSerbia,National Democratic Institute –February 2014
14European External Action Service,. (2014). Jointstatement: Formation ofthe new government in Kosovo by Federica Mogherini (High Representative for
Foreign Affairs and Security Policy/ Vice-President ofthe Commission) &Johannes Hahn (Commissioner for European Neighborhood Policy & Enlargement
negotiations. Retrieved from http://eeas.europa.eu/statements-eeas/2014/141209_03 _en
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The remaining structures funded by the Serbian Government in Kosovo, such as health, social welfare and
education, are deemed by Pristina as reluctance from Belgrade to commit to the implementation of the Brussels
Agreement, whereas from a K-Serb side in many cases they are the only relevant institutions servicing their
requirements with little or reduced support from Pristina for the community in north Kosovo. This argument is
strengthened by budgetary support received by the Serbian municipalities in Kosovo, with over €300 million
committedinthe 2014 SerbianGovernmentbudgettobe distributedtoSerbianmunicipalities15
.Contrastingthis
to allocationsfromPristina,northMitrovicacan expecttoreceive a municipal budgetof approximately€5 million
per annum while the draft budget prepared by the municipalityfor 2014 returned figures of almost €3.5 million.
This figure was later reduced to €2.7 million when Education and Health were excluded with funding continuing
from Belgrade16
.The immediate removal of Healthand Educationfrom the budgetand willingnesstoreduce and
remove budgetrequirementsforsuchareas showsmistrustof Pristinaofficialsindeliveringsufficientqualityand
relevance inbothhealthandeducationbythe Serbiancommunity withinthe allocatedbudgetfornorthMitrovica.
This lack of trust is also evident among K-Albanians whenwe consider the Pristina government abilityto deliver,
where studies have found a growing dissatisfaction with those in power due to inefficiencies17
.
Political will,or lack of and its use of the Brussels Agreement as a tool to manipulate public opinion,by those in
powerandinopposition,are ongoingissuesinbothKosovoandSerbia. Thiswillingnesstocooperateonthe surface
andundeniableavoidance of implementingkeycomponentsisakeyissuewiththe overall statusof the Agreement
and its ability to affect change on the ground. This lack of accountabilityby political partieshas underminedthe
processandledto ashiftinpublicopinion fromsomewhatpositivetonegative18
.Political interferenceinkeyissues
such as Education and Healthcare, providers of key employment and drivers of economic activity should not be
controlled in such a way. The need for academic freedom in teaching and the implementation of best practice
healthcare should be to the fore, with an understanding of the concerns of the community, delivering a way to
alleviate such concerns and not to use such important components of life as political negotiating chips.
15UNMIK Media Monitoring,. (2013). Belgrade holds the key to the cash register.Retrieved fromhttp://media.unmikonline.org/?p=29450 –Nov 2013
UNMIK Media Monitoring report, http://media.unmikonline.org/?p=29450 –Nov 2013
16 Prelec, M. & Rashiti, N. (2015). SerbIntegration in Kosovoafter the Brussels Agreement. Balkans Policy ResearchGroup
17 Martino, F . (2014). Kosovo: Beyond the ‘Brussels Agreement’. Italian Institute for InternationalPolitical Studies.
18 Retrievedfrom http://www.balkaninsight.com/en/article/brussels-agreement-implementation-heavily-delayed-says-report-April 2015. Rasa Nedeljkovic
(Center for TransparencyResearchand Accountability,Belgrade) statement, as reported inBalkanInsight.
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4.0 Project Findings on Impacts of Brussels Agreement
Note:All content in these sections of the report are analysis of project activity reports
Throughout the project duration, June 2015 to March 2016 there were a number of project components or
activities where current impacts or potential future impacts of the Brussels Agreement can be seen. The
participationof 25 K-Serbbusinessesinthe AgroKosTrade Fair in October 2015 showsreal and tangible progress
in terms of interaction between north and south Kosovo as it represented the first organized appearance of
northern businessesat a Kosovo level business gathering. Although business cooperation existed and functioned
between larger businesses it is not always conducted openly, in this instance the companies participating were
drawn from a wide andvariedbackground and consistedof both large and small businesses.The participationat
the faircan be consideredanimmediatesuccesswithtrade andtransactionstakingplace betweencompaniesand
over 50 direct linkages established. Further to this, an additional 20 B2B meetings took place during the project
period between north and south Kosovo companies. There was an intention to target smaller companies in this
activity, similarly to some of those in attendance at the fair, as they are the businesses that are most impacted
fromlackof abilitytotrade inthe widerKosovomarket.Thiswasfoundtobe due totheirlackof resourcesinterms
of transport where their lack of appropriatelyregisteredvehicle (freedom of movement issues) or knowledge of
the south Kosovo market. Business attitudes have changed in terms of willingness to trade with counterparts in
south Kosovo, but difficulties are still to found in the facilitation and ability of actually meeting with potential
partners.
4.1 Kosovo Chamber of Commerce, Stakeholders and North Kosovo Business meeting
The meetinginFebruary2016 betweenthe KosovoChamberof Commerce (KCC)and24 representativesfromthe
north Kosovo business community was a key event in assessing the current situation both economically and in
termsof the potential forthese businessestointegrate intothe widerKosovomarket - additional representatives
were present from local and international stakeholder community including Kosovo customs and GIZ.
There were a number of important topics discussed; proposals were drawn from those present, obstacles to
everyday business operations in the north identified and ideas for the sectorisation of north Kosovo. Obstacles
identified were import procedures for raw materials and semi-processed products and the export of finished
products. The introduction of customs leading to the creation of the Development Fund is a definite positive for
north Kosovo in the long-term, but the inefficient flow of goods in and out of Kosovo is a definite issue for
companies’ operationalabilities.Furthertothis,smallbusinesseswhooperatedwithoutimportcostpreviouslyare
now struggling to maintain profitability when additional charges are applied. In this case, Mr. Naim Hurgulica
(formerdirectorof Kosovocustoms) indicatedareductionof expensesforimportinggoodsfromSerbiawouldhelp
alleviate problems and develop business further. This highlights the issues in implementing Customs Revenue
Collection as part of the Brussels Agreement but without fully considering its impacts on the wider business
environment in Kosovo, not just the north. Such issues related to mismatching veterinary permits, licencesand
requirementsbySerbianandKosovocustomswerediscussedbyMr.SafetGerxhaliu,Headof the KCC.Thisfurther
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identifies a lack of a bottom up approach and shows the respective governments and institutions trying to
implementproceduresthatcreate furtherobstaclesforpeople actively trying to create better living conditions.
The KCCalsohighlightedanumberof objectivesithastosupportthe businesscommunityinthenorththrough the
sectorisationof the economy.Asthe stilltobe formed ASMwillhave amajorrole ineconomicdevelopmentinthe
future, there is definite scope for cooperation between the ASM and the KCC as a direct result of the Brussels
Agreement.Further KCC objectivesinclude the identificationof potential FDI and central government assistance,
fundingthat has not yetbeenavailable tothe businesscommunityinnorthKosovo.Thislack of FDI and business
supportfrom Pristinacanbe furtherstrengthenedbythe DevelopmentFund.The ongoingaccumulationof funds
could be utilisedin numerous ways, with direct supports to business as a co-financing option withFDI or central
governmentapossibility.Again,thisdevelopmentwouldbe adirectimpactrelatedtothe ongoingimplementation
of the Brussels Agreement.
Duringthe discussionmajorobstaclestotrade were raisedbythe businessrepresentativeswiththe mostrelevant
of these beingwhattheybelievedtobe discriminationagainstnorthernbusinessesbythe bankingsectorinKosovo.
The obstaclescome in the form of lack of access to overdraftand short-termcreditfacilitiesof up to 6 months,a
service thatisbeingprovidedtocompaniesinthe south.Thislackof creditcausesliquidityissuesforcompaniesin
the north andleadsto anti-competitive behaviouranddistortionof the marketplace. Norepresentatives fromthe
banking sector were present and panel members did not offer a reason for such practices but the discussion did
raise issueswiththe lackof policingandrule of law innorthernmunicipalities,thusalackof recourse forthe banks
intermsof ensuringpayments.Withthe functionalityof the judiciary,implementationof courtsandintegrationof
Serbiasecurityforcesintothe Kosovoframeworkbeing integralissuestobe addressedbythe BrusselsAgreement
it could be expected this obstacle can be removed in the medium term.
Further issues raised at the discussion, and although not directly related to issues from the Brussels Agreement
theydo equate to normalisationof relationsintermsof equal opportunitiesforall livinginKosovo,were the lack
of correct and proper translation of documentation from Kosovo institutions. It is seen as an obstacle to
entrepreneurial activities of northern companies. Although there is no timescale set, or framework in place for
equal disseminationof all relevantdocuments itwasproposedandsupportedbyall inattendance thatovercoming
such an obstacle would have a direct impact on trade and support the integration of north Kosovo business into
the wider market.
The lack of presence of sector associations, effective Chambers of Commerce, producer groups and professional
associations is an obvious deficiency in the north Kosovo business environment. The presence of many
entrepreneursandbusinessownersatsucha meetinghighlightsthe needforfuture organisationandstructure to
allow for LED. External and internal factors, examples include political, legal, security and similar, prevent the
inclusion and involvement of north Kosovo businesses in programs established under the auspices of either the
KCCor SerbianChamberof Commerce (SCC).Thisnotonlyreducesthe marketreachof existingbusinessesbutalso
inhibits the establishment of new enterprises that create competition and innovation in the marketplace.
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The services, programs and lobbying potential provided by KCC can greatly assist with economic integration of
north Kosovobusinesses,while also increasingcompetitiveness,bothcurrentand new marketdevelopment,and
strengthening internal capacities. These support mechanisms should deliver tangible results with identified,
targeted and realistic outcomes that can be achieved for businesses involved, a further important aspect of
involvement with the KCC is separation of companies from the political integration process which is slow and
inefficient. Continued regular communication between K-Serb businesses and the KCC through site visits, group
meetings, informal discussionsandsector-basedmeetingscan assistwith the current missingcomponentsof the
northKosovobusinessenvironment.Itwouldalsoserveasabasisforfull membershipof the KCCfornorthKosovo
companies in the future and inclusion in any future cooperation between KCC and SCC.
4.2 Panel Discussion: ‘AddressingPolitical ChallengesforEconomicGrowthin post-BrusselsAgreementKosovo’
The panel discussionfollowedthe KCCmeetingandenabledlocal businessesandstakeholderstoreaffirmanswers
and continue the discussionwith insightsfrom individualswith differing interests and perspectives. The ongoing
political wrangling between Belgrade and Pristina over the implementation process is evident across all 15
componentsof the BrusselsAgreement.With6of the 15componentsdirectlyrelatedtothe formationof the ASM,
a keyarea relatedtoeconomicgrowth,itisinevitable thatthe slow adaptationof businessdevelopmentpractices
will occur.The issuesrelatedtothis,andthe difficultiesposedtoentrepreneurswerediscussedthroughoutbythe
panel. The flow of goods, both sale and supply was further cause for concern among panellists and those in
attendance.The relationshipwiththe BrusselsAgreement,intermsof Customs Revenue Collection andthe legal
framework surrounding import and export were found to cause concern and confusion in equal amounts. This
shows similar findings to the meeting with KCC where such topics were raised also.
The lack of political will toaddresssuch obstacles ispresentthroughoutthisanalysis,highlightingthe importance
placedon political supportbut alsothe hindrance thislack of supportcauses.It was proposedthat thisis leading
to a motivational deadlock in developing the local economy and further suppresses investment level, both local
and FDI. The ASM, described by the panellists as an organisation that will not resolve the unemployment issues
among the K-Serbcommunityanditis not the ‘omnipotentmagicestablishment’manybelieve ittobe. However,
furtherproposalsforthe utilisationof the ASMto betterserve K-Serbbusinessinterestthroughthe development
of a cohesive approach by Serb-majority communities leading to an increased level of competitiveness of
companiesinthese municipalitieswereidentified.SuchproposalswouldallowK-Serbownedbusinesstocompete
more readily throughout the wider Kosovo market.
The lack of a consolidateddonorapproach,is, accordingtothe panellists, indicatedasgenericanddoesnotreflect
the industrial heritageof northKosovo.There isclearevidencetosuggestthatmore targetedaidisneededif such
supports are to continue, potentially the use of the Development Fund, established as part of the Brussels
Agreement, canbe used forthe developmentof industry.Furtherdiscussiononthe connectionbetweenbusiness
developmentanddonorsupportcontinuedwherebyitwasfoundthatpotentiallyaidpackageshave hadanegative
effectinnorthKosovo.Thiswas supportedbysome evidence tosuggestthatsuchaid suppressesentrepreneurial
spirit, and moves investment responsibilityaway from the individual or businessowner.Recapturing, or in some
cases developing this spirit and willingness for individuals to invest their own capital is key to job creation and
business development and can be incentivised without suppression as it seems has happened previously.
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In contrast to the above analysis that suggests economic development can occur as a result of the agreement it
was suggestedthatnumeroussmall andlarge businessesinnorthKosovoeitherceasedorreducedproductionas
a directresultof importandexporttaxesimposedduetothe implementationof the BrusselsAgreement.Examples
were given such as the Ivo Lola Ribar factory in Lešak, and the Simpo furniture factory in Zubin Potok which
highlights the use of the agreement as a tool for political disputes as discussed previously.
Althoughnotdirectly relatedtothe BrusselsAgreement,the panel discussedethnictensionsandtheirrole inthe
businessenvironment,the negative impactandthe obstaclestheycreate.Examplesof recentattemptstoboycott
Serbian imports by K-Albanians and the seizing and destruction of imports through organised protests by the
Vetevendosje political partywere discussed.Itwasfeltthat these examples andothersfromthe past can have in
no way a positive impact on economic development,discouraging investment and leading to an unwillingness of
external markets to trade inwardly with Kosovo-based companies.
The panel consistedof Mr. DamijanSedar,Political AdvisoronDialogue Implementation –EuropeanUnion Office
in Kosovo, Mr. Ljubiša Mijačić, Developmental Advisor to the Mayor of the Municipalityof Zubin Potok and Mrs.
JelenaDjokić,DevelopmentalAdvisortothe Mayorof the Municipalityof Zvečan.The panelwas moderatedbyMr.
Željko Tvrdišić.
4.3 Panel Discussion:‘Challenges and opportunities for entrepreneurship in post-Brussels Agreement Kosovo’
Thisdiscussionfocusedonhearingfromindividualsdirectlyinvolved withLED,new businessdevelopmentandthe
administrative structures that supports company growth regarding their opinions and feelings on the challenges
and opportunitiesresultingfromthe BrusselsAgreement. The varieddiscussionledtogoodparticipationfromthe
audience who were eager to be involved in such debate,a note to a highly motivated business communitywho
often lack a platform to voice their concerns.
The issue regarding supports from the Pristina Government, notably the redistributionof tax income to north
Kosovothroughthe Ministryof Financeinthe formof personal andbusinessgrantstoincentivise andmotivatethe
wider community to become more active was discussedat length. It was reported that a system of proportional
distributionof financial supportsisinuse and the lack of informationonpopulationsize innorth Kosovoimpacts
greatly on the amount of money that is channelled there. This would mean that further cooperation, possiblyin
the participationina censusor the continuedmove towardsobtainingKosovoidentificationcardsby the general
populationcouldmeanreceivinggreaterresourcesinthe future.Suchresourceswouldbe channelled asdeemed
necessary for support, and based on examples from other regions of Kosovothis included wide-ranging LED and
infrastructural supports, financing for retraining and re-education of the workforce, and at an individual level
greateraccess to welfare andsocial mobilitygrants. Itwas furtherhighlightedthatsuchmoneyisseparate to the
monies collected as part of the Development Fund created as part of the Brussels Agreement.
The BrusselsAgreementbroughtdiscussionsandcooperationbetweenPristinaandBelgradeto ahigherlevelthan
hadeverbeenachievedbefore.The panel believedthistranslatestoincreasedfreedomforentrepreneurstotrade,
with the perception of reluctance to cooperate and integrate at local level removed or reduced somewhat as a
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result. The increased freedom, including trade, movement, cooperation and other related areas are seen as
opportunitiesforentrepreneursandbusinessownerstohave a more effective andopenrelationshipthat cansee
businessesinthe northandsouthbenefit. Furthertothis,therehasbeenanexponentialincreaseintrade between
SerbiaandKosovosince the signingof the Agreementaccordingtoreportsfromthe KCCandhighlightedaspartof
the discussion by panel members. This trade can be seen as positive with regard to steps made to normalise
relations but should be monitored to ensure a balance of trade remains and imports from Serbia do not
overshadow local production and inhibit manufacturing and processing in Kosovo.
The panel believes that the most important aspect, and opportunity related to the Brussels Agreement is the
formation of the ASM whichisenvisagedtohave powersrelatedtoLED.However,the panel furtherbelieves that
the lack of efficiency in implementing the components of the Brussels Agreement is negatively affecting
entrepreneurs. This negative impact, felt in numerous ways, is believed to be most relevant for new market
entrantswho believe the lackof clarityand understandingof the processes are an indicationof bothcurrent and
future instabilityin market. This impact on new entrants has multiple negative impacts on the wider business
environment;reducedcompetitionleadingtolow levelsof innovation,unfairormonopolisticpracticesbyexisting
businesses, and limited new job creation. There are additional challenges for existing business where the lack of
access tofinance or financial aid,andthe lackof legal protectionforbusinessesinnorthKosovo are seenasmajor
challenges.The legal protectionissueisrelatedtothe currentKosovosystemlackingthe willorabilityto recognize
business owners as also the owners of their assets. This was due to missing cadastral documentation which has
nowbeenreturnedfromSerbiatoKosovoaccordingtothe panel andthereforethe issuesshouldbe resolved.The
impacts are reduced ability of business to use fixed assets as collateral against business loans or mortgages,
essential elements for long-term economic development.
The panel continuedtheirdiscussiononthe lack of progresson the BrusselsAgreementimplementation,anissue
highlighted throughout this paper as major detriment to the overall process. With relation to travel to and from
Central Serbiafor foreigners,the PristinaGovernmenthasmade it a necessitytoenterandleave Kosovothrough
the same administrative crossing andthisis seenas a majorbarrier to tourismandthe transport industry.Further
administrative crossing issues were discussed, the most prevalent being the lack of capacity to deal with the
transition of goods and people in an effortless manner which is seen as requirement for effective business to
operate. Education within the tourism sector was also brought to the attention of the audience with the lack of
organized and professional certification available. This lack of Vocational Education in areas such as Tourism
Agents,Waitingstaff,andqualifiedChefsandKitchenstaff throughoutKosovoare seenasmajorchallengesmoving
forward.
The final area of discussion was related to a Free Trade Agreement but the panellists did not address the topic
directly, rather discussing the impacts of the Brussels Agreement on the flow of goods, importsand exports and
the role of the tax administration. It was agreed that since the signing of the Agreement there could be greater
assurances of quality of imports and a better understanding of quantities which can give indications for future
import substitution growth areas. Additionally the panellists discussed the idea that the Agreement is based on
political interestwithlittlethoughtforthe businesscommunityinthe decision-makingprocess.Therehasnot,and
almostcertainlywill notinthe future be anydirectcontact betweenPristinaorBelgrade withindividual members
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or membershipgroupsfromthe businesscommunityregardingthe issuesresultingfromthe BrusselsAgreement.
Such an approach, top-down rather bottom-up,does not contribute to an improvement in the overall situation,
whether economically or socially, and could potentially create long-lasting problems.
The final commentsof the panel were relatedtofuture representationof the northKosovobusinesscommunityin
the formof an Association,whichwouldactindependentlyoraspartof a Chamberof Commerce tobestrepresent
the interests of its members.
The panel consistedof Ms.KatarinaAdjančić,Headof the KosovoTax Administration (KTA) office,NorthMitrovica
Municipality, Mr.Amir Tusuni, B2B consultantand Local InvestmentManager,Goran Milićević,Entrepreneurand
MA in Political Sciences and Nenad Stojaković, General Secretary of Association for Tourism and Transport, and
Manager of Holiday Plus Tourist Agency.The panel was moderated by Mr. Željko Tvrdišić.
4.4 Additional Project Documentation
Quarterlyprojectreportsdirectlyrelatedtothe implementationof projectactivitiesindicate ahighlevelof support
from the wider business environment for cooperation in a post-Brussels Agreement Kosovo. Thisis evident from
the numberof B2B meetings conductedandthe ongoingrelationshipsthatthiswillfoster.Inadditiontothis,there
were 25 participantsatthe AgroKosTrade Fair inPristina,anotherclearindicationof the willingnessof businesses
innorthandsouthKosovotocooperateonamore openandprofessionallevel.Intotalitisestimatedbytheproject
implementationteamthatover80 individualbusinessinteractionstookplace betweencompaniesfromnorthand
southKosovoasa directresultof these activities,while theywere furtherdirectlyresponsibleforthe beginningof,
and increase intrade betweenbusinessesintheirrespective regions of Kosovo.Itisdifficulttopredict atthisstage
the true monetary and social value of establishing such linkages, however practice has shown that maintaining
such relationship can be challenging due to the removal of facilitation and a driver to organise such events.
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5.0 Conclusion and Recommendations
Following observations and analysis within the scope of project activities and external developments within the
duration of the project conclusions and recommendations have been drawn across a number of levels.
5.1 Recommendations at a Local Economic Development level
Continuous efforts from institutions in Kosovo, central and local, to address real issues at a local level that
have currently stagnated due to the low level of implementation of the Brussels Agreement.
An impression exists that the resolution and implementation of the Brussels Agreement will enable greater
economicdevelopmentandbetterlivingconditionsforthe widercommunitywithinKosovo bycreatingstabileand
arranged business environment. The static nature of implementation, the low level of progress since April 2013
indicates that such results will not be evident for some time yet. Therefore, it is imperative that the Kosovo
Government and other institutions, at both local and central level should not see the Agreement, and the
implementation of the agreedcomponents as the solution to economic or other issues. It is important that such
government offices and institutions continue to work in an ongoing cross-party process and within inter-
community frameworks in-line with parliament make-upto address real issues at a local level that are static due
to the ongoing Brussels Agreement resolution.
Transparent use and allocation of Development Fund monies, with fully published accounts available to the
public.
The creation of the Development Fund is hugely positive outcome of the Brussels Agreement but assurances of
concrete and transparentuse isneededtoensure the resultsbenefitthe entire communityof northKosovointhe
correct manner. The use of funds for the construction of a new fire station, supporting SME development and
expropriation of land for new municipal buildings are legitimate causes but as the fund continues to grow the
selectionof future projectsshouldbe devisedwithina strategicplantomeetlong-termobjectivesrelatedtolocal
needs. The importance of transparencyin the use and allocationof such funds is imperative,withfullypublished
accounts and use of money recommended as a method of holding public officials fully accountable. This
information should be fully available to the public via appropriate portals, whether online or in person with no
requestfee orobjectiontothe release of suchmaterials.Suchmethodsof transparencyare deemednecessarydue
to the ongoing public perception and reports of corruption19
and dishonesty20
among many public officials
throughout Kosovo.
Establishmentof a long-termcapacity (office) to continue to fosterbusiness relationshipsmanage and create
new business linkages and facilitate B2B meetings leading to improved economic development.
The successof the businessinteractioncomponentsof thisprojectcannot be understated,withatleast80 direct
business relationships fostered for many companies who had previously never interacted with K-Albanian
counterparts.These linkageshave effectsatmultiplelevelsoutside the obviousareasrelatedtoeconomicgrowth
19 Corruption inKosovo: Bribery as experiencedby thepopulation,UN Office onDrugs and Crime,Vienna - 2011
20 Jacque, Prof.J-P (Honorary Director General oftheCouncil ofEuropeanUnion). (2015). Review ofEULEX Kosovomission’s implementation ofthemandate
with particular focus on recent allegations
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and prosperity while at a social level such business meetings ease tensions between communities and create a
normality of forming inter-ethnic relationships.The long-term effects of such can include, but are not limitedto
the re-integration of societies, re-building of trust and the creation of sustainable trade for long-term LED.
Therefore,aproposal tocontinue the facilitationof B2Bmeetings, the ongoingfosteringof businessrelationships,
and the management and creation of new linkages is seen as crucial for improved societal and economic
development. To achieve this it is proposed that the establishment of a permanent or long-term office with the
capacitytoimplementsuchactivitiesthataddresstheissueshighlightedabove. Thisoffice couldbe fundedthrough
multiple donors,bothinstitutionalandinternational,dependingonthe relativeobjectivesthatare tobe achieved;
such cooperation between donors would reduce project overlap and improve the utilisation of resources.
Greater concentration of direct donor supports to businesses centred on industry and manufacturing and
increase of local and regional competitiveness rather than agricultural activities.
This paper highlighted a number of deficiencies in the supports offered by the international donor communityin
supportforLED, witha highconcentrationonagriculturalsupportsratherthansupportsforthe historical legacyof
industryandsimilarsectors.Therefore,aproposal for achange in the approachbythe donorcommunityisneeded
to offerthe appropriate supportsneededtoallow forincreased local andregional competitivenessof businesses.
The successof thisprojectandothersimilarinterventionsincreatingbusinessconnectionsandsupporttobusiness
fromoutside the agriculturalsectorshighlightsthereisademandandrequirementforsupportstotheseindustries.
Increasedcooperation betweennorth Kosovo businessesandthe KCC enablingrepresentationat higherlevel
meetings allowing for alleviation of difficulties and barriers to trade.
The enthusiasm of north Kosovo businesses to cooperate with the KCC and become involved in their ongoing
activities related to business development and trade promotion. This willingness to become involved in KCC
activitiesisadirectconsequenceof decreasedbarriersandobstaclestosale andsupply,andchange inperception
to inter-ethnictrade and cooperation.The connectionsestablishedduringthisprojectbetweenthe businessesand
the KCCare the firstatagrouplevelandtheseeffortsshouldnotbe allowedtodisintegrate andneedtobe fostered
and developed further. There were discussions to continue such meetings, developing connections for the north
Kosovo businesses with the SCC through ongoing cooperation with the Kosovo Chamber of Commerce. Further
representations for the northern business community related to the permits, licences and difficulties accessing
informationinSerbianlanguage are needed,andshouldformpart of the agendaof any future meetings involving
K-Serb businesses.
Resolution of surrounding issues, and implementation of an improved quality, competitive and stable
Telecoms and Energy market, and associated services, developing a basic requirement for a business
environment to develop.
The importance of modernandcompetitiveTelecomandEnergyinfrastructureisakeydriverinLEDandthe ability
of Kosovo to attract FDI. The role of these infrastructure sectors in both LED and FDI can be considered highly
importantandthe reliance of businessesonTelecomsandEnergyshouldnotbe understated.The currentsituation
with ISPs coming from Albania and Serbia, fixed line telecom being provided by Serbia, mobile telecom from
Monaco, Slovenia, and Serbia. In terms of Energy supply,it is produced internallywith some supply from Serbia;
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however, the often sporadic nature of availability is detrimental to the business environment. The ongoing
discussionbetweenPristinaandBelgraderelatedtothesemattershasreducedthe issuetoapoliticalpawnwithout
takingintothe considerationthe dailylivesof those livinginKosovo.The provisionof suchbasicneedsasTelecom
andEnergy,alongwithwateralthoughnotaBrusselsAgreementissue,shouldbe providedatcompetitive andhigh
quality level and the resolutionof these discussions is keyto this. Resolutionleading to a regulatedopen market
where licences and distribution agreements are granted would be highly desirable to improving the current
situation.Thismarket,whereease andabilitytochange providersishigh,shouldbe customerfocusedandseekto
provide a quality, efficient and constant service.
5.2 Recommendations at a Political level related to Local Economic Development
 Implementation of signed Agreements ensuring full reciprocal recognition of education and qualification
certificatesof graduates from Serbian and Kosovo institutionsallowingequal and competitive opportunities
to operate in the employment market.
Although some progress has been made in the area of Diploma Recognition with the reaching of further
agreements between Serbia and Kosovo in September 201521
there is no evidence of frameworks, systems or
processesbeingputin place to implementthisagreement.Withthe slow pace of implementationof the Brussels
Agreementthere isnosurprise thatin7 monthssince thisfurtheragreementthatnoreal progressor updatesare
available to the public. This lack of transparency and accountability of progress in this component and others
undermines the whole process and leads to disillusionment among the public, and a feeling that nothing is
happening and no resolutions are been achieved.The impression that politicians are usingsuch agreements as a
springboardtopromote self-interestwithlittleactual resultsforthcoming,anexampleisthe statement referenced
above wherebyitisstatedthatagreementsare inplace but yetthere isa refusal of Pristinato recognize diplomas
issued by the University of Pristina currently located in north Mitrovica, even those certified by the European
Associationof Universities22
.Full resolutioninan efficientandeffective mannerof thisissue isthe onlyoptionto
allowfull andequal employmentopportunitiesforresidentsof bothKosovoand Serbia;thisshouldbe the aim of
all those involved rather the political gamesmanship that is currently in operation.
 Use of cross-party, non-party and multi-level negotiations with regard to components of the Brussels
Agreement, reducing political control and increasing accountability of the responsible bodies.
The overall slow progress in implementation and therefore the lack of positive effects and benefitsfor the wider
Kosovocommunityintermsof economicdevelopmentandotherareasof the Agreementisanimportantfactorto
consider.The current use of government ministersandpersonal frombothsidescan be seenas detrimenttothe
overall process, with evidence from the Good Friday Agreement (also known as the Belfast Agreement) in post-
conflictNorthernIrelandhighlightingtheeffectivenessofcross-party,non-partyandmulti-levelnegotiations23
.The
involvementof numerous sectorsof society,includinggovernmentsfromthe UK,Ireland,representativesfromall
political divides in Northern Ireland, religious body representation, civil society representation and the use of
21The Office of the Prime Ministerstatement,Kosovo statement,. (2015). Agreementon mutualrecognitionofDiploma. Retrieved from
http://www.kryeministri-ks.net/?page=2,9,5259
22 Progress report onthedialogue between Belgradeand Pristina, Officefor Kosovo and Metohija, Govt. ofSerbia –October2015.
23 The Good Friday Agreement –An Overview, Democratic Progress Institute,London, UK –June 2013
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intermediaries in such an agreement, and the sustainable resolution that was achieved gives indications of the
effectivenessof the process. Due tothe somewhatunstable GovernmenthistoryinKosovo, andthe lackof overall
public support for all aspects of the Agreement would suggest that such an approach would offer more
effectivenessinimplementation.Itwouldensure thatconcernsfromallrelevantcommunitieswithinKosovowould
be effectively and equally represented and key issues such as health education are dealt with in an appropriate
manner. In a negotiation with more present than Government representatives would also ensure more
accountability in decision-making and reduce political power games that fail to serve or progress Local Economic
Development.
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6.0 Bibliography
1. European External Action Service,. (2013). Serbia and Kosovo reach landmark deal. Retrieved from
http://eeas.europa.eu/top_stories/2013/190413__eu-facilitated_dialogue_en.htm
2. Officefor Kosovo and Metohija,Govt. of Serbia,.(2015). Pristina’s decision murdering dialogue, Belgrade not acquiescing
to circus spectacles.Retrieved from http://www.kim.gov.rs/eng/v329.php
3. Brussels Agreement Implementation State of Play, Kosovo Government – March 2015
4. Local Economic Development of Kosovo: Research Report, Riinvest – April 2002
5. Foreign DirectInvestment in Kosovo: Policy Environment and Promotional Strategy, Riinvest – Sept 2002
6. How Post-ConflictCountries can Attract and Benefit from FDI, Lessons from Croatia and Moza mbique, UNITED NATIONS
Conference on Trade & Development – 2009
7. Jovančević,R. (2007) The Impactof Foreign Investment Flows on Croatian Economy – A ComparativeAnalysis.Presented
at 7th Global Conference on Business and Economics, Oct 13-14, 2007 in Rome, Italy
8. Law No. 04/L-199 on ratification of thefirstinternational agreementof principles governingthenormalization of relations
between Kosovo and Serbia, Govt. of Kosovo – Sept 2013
9. Brussels Agreement Implementation State of Play,Govt. of Kosovo – October 2015
10. Brussels Agreement Implementation State of Play,Govt. of Kosovo – October 2015
11. Retrieved from http://www.balkaninsight.com/en/article/brussels-accords-leave-north-kosovo-in-limbo-1,Balkan Insight
article: Brussels accords leave North Kosovo in limbo - November 2014
12. Big Deal – Lost in Stagnation: Civic Oversightof the Kosovo-Serbia Agreement Implementation, Joint Publication:Balkan
InvestigativeReporting Network, Internews Kosova,Center for Research, Transparency and Accountability, - April 2015
13. Kosovar Attitudes on the 2013 Brussels Agreement between Kosovo and Serbia,National Democratic Institute –
February 2014
14. European External Action Service,. (2014). Joint statement: Formation of the new government in Kosovo by Federica
Mogherini (High Representative for Foreign Affairs and Security Policy/ Vice-President of the Commission) & Johannes
Hahn (Commissioner for European Neighborhood Policy & Enlargement negotiations. Retrieved from
http://eeas.europa.eu/statements-eeas/2014/141209_03 _en
15. UNMIK Media Monitoring,. (2013). Belgrade holds the key to the cash register. Retrieved from
http://media.unmikonline.org/?p=29450 – Nov 2013
16. Prelec, M. & Rashiti,N. (2015).Serb Integration in Kosovo after the Brussels Agreement. Balkans Policy Research Group
17. Martino,F . (2014). Kosovo: Beyond the ‘Brussels Agreement’. Italian Institute for International Political Studies.
18. Retrieved from http://www.balkaninsight.com/en/article/brussels-agreement-implementation-heavily-delayed-says-
report - April 2015. Rasa Nedeljković (Center for Transparency Research and Accountability, Belgrade) statement, as
reported in Balkan Insight.
19. Corruption in Kosovo: Bribery as experienced by the population,UN Office on Drugs and Crime, Vienna - 2011
20. Jacque, Prof.J-P (Honorary Director General of the Council of European Union). (2015). Review of EULEX Kosovo mission’s
implementation of the mandate with particular focus on recent allegations
21. The Officeof the Prime Minister statement, Kosovo statement,. (2015). Agreement on mutual recognition of Diploma.
Retrieved from http://www.kryeministri-ks.net/?page=2,9,5259
22. Progress report on the dialoguebetween Belgrade and Pristina,Officefor Kosovo and Metohija, Govt. of Serbia –
October 2015.
23. The Good Friday Agreement – An Overview, Democratic Progress Institute, London, UK – June 2013

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Effects of the Brussels Agreement on the Business Environment in Kosovo–Incentives and Deterrents.Commissioned by British Embassy, Pristina.2016

  • 1. 2016 Published by: www.ngoaktiv.org Author: Niall Ardill EFFECTS OF THE BRUSSELS AGREEMENT ON THE BUSINESS ENVIRONMENT IN KOSOVO | INCENTIVES & DETERRENTS
  • 2. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 2 IMPRINT Title Effects of the Brussels Agreement on the Business Environment in Kosovo – Incentives and Deterrents Assigned by British Embassy, Pristina Authors Niall Ardill (External Independent Consultant) Key Contributors Miodrag Milićević (AKTIV, Project Manager) Nikola Radičević (AKTIV, Project Implementation Team) Contact AKTIV Kralja Petra bb., Mitrovica www.ngoaktiv.org Date March 2016
  • 3. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 3 Abbreviations B2B Business-to-Business LED Local Economic Development FDI ForeignDirect Investment K-Serb Kosovo Serb K-Albanian Kosovo Albanian ISPs InternetService Providers ASM Associationof Serbian Municipalities SME Small and Mediumsize Enterprise EU European Union KCC Kosovo Chamberof Commerce GIZ Deutsche GesellschaftfürInternationale Zusammenarbeit SCC SerbianChamber of Commerce KTA Kosovo Tax Administration
  • 4. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 4 Table of Contents 1.0 Executive Summary………………………………………………………………………………...............……................5 2.0 Introduction…………………………………………………………………………………………………………………….........6 2.1 Background to the report………………………………………………………………………………………………...........6 2.2 Background to the BrusselsAgreement…………………………………………………………………………............6 3.0 The BrusselsAgreementand Economic Development……………………………………………………...........8 3.1 IndirectImpact Issues.................................................................................................................8 3.2 Infrastructural Impact Issues......................................................................................................8 3.3 Direct Impact Issues...................................................................................................................9 3.4 Political Impact IssuesEconomic Growth....................................................................................10 4.0 Project FindingsonImpacts of BrusselsAgreement………………………………………………………….........12 4.1 Kosovo Chamberof Commerce,Stakeholders and North Kosovo Businessmeeting……………......12 4.2 Panel Discussion on ‘Addressing Political Challenges for Economic Growth in post-Brussels AgreementKosovo’....................................................................................................................14 4.3 Panel Discussion on Challenges and opportunities for entrepreneurships in post-Brussels AgreementKosovo…………………………………………………………………………………..................................15 5.0 Conclusionand Recommendations…………………………………………………………………………………………..18 5.1 Recommendationsat a Local Economic Developmentlevel........................................................18 5.2 Recommendationsat a Political level relatedtoLocal Economic Development...........................20 6.0 Bibliography…………………………………………………………………………………………………………………............22
  • 5. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 5 1.0 Executive Summary This paper was developed as part of a project titled, ‘Increasing Business Cooperation in post-Brussels Agreement Kosovo’, implemented by AKTIV and funded by the British Embassy, Pristina. The project composed of multipleactivities with the objective to increasetrade and business cooperation in post-Brussels Agreement Kosovo. Project Components  B2B meetings between north and south Kosovo businesses.  North Kosovo businesses participating at AgroKos Trade Fair, Priština.  Kosovo Chamber of Commerce and north Kosovo business meetings.  Panel discussion: Addressing political challenges for economic growth in post-Brussels Agreement Kosovo.  Panel discussion: Challenges and opportunities for entrepreneurship in post-Brussels Agreement Kosovo. These components and their results form the basis of this paper and allowed for analysis of the effects the Brussels Agreement, signed April 2013,have had on the business environment throughout Kosovo. The paper analysed sections of the Agreement both directly and indirectly related to its impact on Local Economic Development (LED). The impact of the lack of stable Policing and Judiciary are seen as key contributors to the lowlevel of LED and Foreign DirectInvestment (FDI). Addressingthese issues and implementinga strong ruleof law throughout Kosovo can be seen to go some way to assistingwith futureLED and FDI.Infrastructural issuesand their relationship with economic development have a major role within the Kosovo business environment. Stable, improved quality and competitive pricing through a regulated open market can lead to immediate improvements. Further to this, the paper examined components of the Brussels Agreement that are believed to have a direct impact on LED. The formation of the Association of Serbian Municipalities, the creation of a Development Fund, ongoing Diploma Recognition issues, Customs Revenue Collection and its impacton the flow of goods and wider Freedom of Movement impacts are discussed at length throughout. The meeting between the Kosovo Chamber of Commerce (KCC) and local businessowners,and the panel discussions organised gave personal and professional insight into the implementation of the Brussels Agreement. They allowed entrepreneurs to voice their concerns and get feedback from business stakeholders. Following their conclusion, and analysisa number of recommendations and outcomes became evident. These are outlined below with more details contained within the paper. Recommendations and outcomes of the paper  Local and central institutions to continuously address real issues at a Kosovo level currently stagnated due to slow implementation of the Brussels Agreement.  Transparent and strategic use and allocation of Development Fund monies, with fully published accounts available to the public.  Establishment of a long-term office to continue to foster business relationships manage and create new business linkages and facilitate B2B meetings.  Direct donor supports to businesses centred on industry and manufacturing.  Increased cooperation between north Kosovo businesses and the KCC.  Resolution of Telecoms and Energy market, and associated services, developing a basic requirement for business environment growth.  Full reciprocal recognition of Diplomas from Serbian and Kosovo institution.  Use of multi-level negotiations, reducing political control and increasing accountability in implementing the Brussels Agreement. The implementation of some or all of these key growth drivers will allow for LED in the immediate and long-term for north Kosovo and the wider Kosovo market.
  • 6. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 6 2.0 Introduction Thispaperisproducedaspartof the project‘Increasing BusinessCooperationinpost-BrusselsAgreementKosovo’, implementedbythe non-governmentalorganizationAKTIV,andfundedbythe BritishEmbassy,Pristina.The paper aims to analyse project findings related to the Brussels Agreement, business cooperation and economic developmentinthe widerKosovomarket,while alsoofferingrecommendationsforfurtherprogressinthese areas. 2.1 Background to the report The project set out a number of wide-ranging objectives that would incentivise, facilitate, and foster economic development and business cooperationwhere previously none or little existed.The project team completed this through the implementation of activities as outlined below, during which a number of challenges, obstacles, observations and potentials were observed. These will be discussed throughout this paper on an individual level and in relation to the relevant articles ofthe BrusselsAgreement to allow an understanding of the economic and entrepreneurial possibilitiesandpotentialsinpost-BrusselsAgreementKosovo,while alsoconsideringdifficulties at both a business and political level. Project components included:  B2B meetings between north and south Kosovo businesses.  North Kosovo businesses participating at AgroKos Trade Fair, Pristina.  Kosovo Chamber of Commerce and north Kosovo business meetings.  Panel discussion:Addressingpoliticalchallengesforeconomicgrowthinpost-BrusselsAgreementKosovo.  Panel discussion: Challengesandopportunitiesforentrepreneurshipinpost-BrusselsAgreement Kosovo. Usingthese statedobjectives,andotherrelevantresourcesthispaperwill seektoofferrecommendationsonfuture proposals and paths for dealing with challenges and obstacles that have been identified. 2.2 Background to the Brussels Agreement The Brussels Agreement, signed on the 19th April 2013 by Ivica Dačić and Hashim Thaçi after 10 rounds of EU- facilitateddialogue,hasthe aimof normalisationof the relationship betweenSerbiaandKosovo1 .The Agreement came about after a number of rounds of discussion between the parties and covers areas directly related to economicdevelopmentandentrepreneurshipsuchastelecommunications,energy,educationand the Association of Serbian municipalities. The vagueness of these components, and areas indirectly related to economic developmentsuchas the judiciary,policingandthe operationof courts have led to varyinginterpretationsof the Agreement by both parties. Further to this, the lack of established clarity and full understanding of the 15 componentsof the Agreementhashadadefiniteimpactonthe implementationprocesswithlittlereal progressin the almost 3 years since its signing. This stagnationof the implementation of the Agreement has been met with criticism from each side of the other, with both Belgrade2 and Pristina3 releasing statements highlighting dissatisfaction with each other. Numerous protests, often violent, against the Agreement have taken place in 1European External Action Service,.(2013). Serbia andKosovoreach landmark deal. Retrieved from http://eeas.europa.eu/top_stories/2013/190413__eu- facilitated_dialogue_en.htm 2 Office for Kosovoand Metohija,Govt. ofSerbia,. (2015). Pristina’s decision murderingdialogue,Belgrade not acquiescingto circus spectacles.Retrieved from http://www.kim.gov.rs/eng/v329.php 3 Brussels Agreement ImplementationStateofPlay,KosovoGovernment –March 2015
  • 7. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 7 Pristina, mostly organised by government opposition parties while immediate reaction in the northern Serbian municipalities was similar dissatisfaction, with calls from local politicians to halt any implementation.
  • 8. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 8 3.0 The Brussels Agreement and Economic Development The ability of the Brussels Agreement to impact on economic development throughout Kosovo cannot be understated. This will be examined in the context of both direct and indirect impacts and their role in Local Economic Development and their ability to act at a macro level and attract Foreign Direct Investment. 3.1 Indirect Impact Issues In post-conflictKosovothere have beenconstantbarriersand obstaclesto the completionof businessandtrade. Numerous obstacles and barriers have been overcome through various foreign aid interventions, local non- government contributions and private sector business initiatives. The lack of a regulatory framework for investments4 ,guarantee of investmentsandof afunctioninglegal system5 were identifiedin2002 as keybarrierto LED and FDI in Kosovo. However,the inclusionof Policingandthe Judiciaryinthe BrusselsAgreement shows thatlittle progresshas been made in these areas since entering the post-conflict and post-declaration of independence era. The ability of institutions in north and south Kosovo, central government in Belgrade and Pristina, and local government in K- Serb and K-Albanian majority municipalities to overcome these will be a key determinant as to whether the economic situation can be altered positively in both the micro and macro environment. 3.2 Infrastructural Impact Issues Infrastructure, both investment in it and its ability to attract FDI and foster wider economic development from withinhave longproventohave had positive influencesoneconomicdevelopmentinpost-conflictregions.Issues in Kosovo arose in Energy and Telecoms, sectors that are key drivers of economic development in any society. Success is evident in post-conflict Croatia where FDI investment in Telecoms is considered to have made an importantcontributiontoinfrastructure expansion,restorationand/orupgrading to the system6 ,andsimilarlyto FDI in Kosovo for large-scale infrastructural projects it was slow to materialise in the post-conflict era. Lack of infrastructural development such as this can have an immediate impact on LED especially in the development of sizeable manufacturing and processing which are absent from most regions within Kosovo. The lack of local developmentinthisarea,and a reluctance of foreigninvestorsinsuchsectorsfurtherhighlightthe importance of stable infrastructure in Energy and Telecoms. The mainelementof Telecomstobe discussedinthe ongoingdialogue isinfixed-line telecommunicationswhere again the post-conflict Croatian comparison shows positive outcomes from investment in this sector. The stabilisation of the fixed-line telecommunications, additional mobile providers and the introduction of new ISPs will allowforan expandednetwork,improvedservices andreducedprices andif successful canlead to increased 4 Local EconomicDevelopmentofKosovo: ResearchReport, Riinvest –April 2002 5 Foreign Direct Investmentin Kosovo:Policy Environment andPromotional Strategy, Riinvest –Sept 2002 6 How Post-Conflict Countries can Attract andBenefit from FDI, Lessons fromCroatia and Mozambique, UNITED NATIONS Conferenceon Trade & Development -2009
  • 9. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 9 levels of employment7 , similar to the Croatian model. In all cases the normalisationof relations betweenKosovo and Serbiawill have apositive effectonthese sectors, andwill potentiallyhave the double effectof attractingFDI in the development of such services and as a reaction to the development. Although the Brussels Agreement doesnot specifyinvestmentin infrastructure directly,it can be presumed that with discussions leading to agreements on Energy and Telecoms covering such areas as responsibility to supply, pricingand sale,infrastructure ownership,righttodistribute andlicence andsimilar itwill openthe doorforsuch developments as highlighted above. 3.3 Direct Impact Issues It is foreseenthatdirectimpactissueswill have the mostpositive effectonLED, if implementedinanappropriate mannerwhere fundsandresourcesare channelledtosectorswhere theycanbe utilisedandcreate real economic growthin the formof newbusinessdevelopment,businessexpansionandnew jobcreation. Althoughnotdirectly mentioned in the Brussels Agreement, a direct result of ‘normalisation of relations’ has led to a number of resolutions, or beginning of discussions on and/ or implementation of Vehicle Insurance leading to increase of FreedomofMovement,CustomsRevenue Collection leadingtothe creationof aDevelopmentFund, andDiploma Recognition.Furtherdirectimpactissuesasaresultof the BrusselsAgreementisthe creationof an Associationof SerbianMunicipalities withallowancesforfulloverviewof the areasof economicdevelopment,education,health, urban and rural planning8 . Freedom of Movement is integral to trade, both supply and sale, and without such ability those with reduced movementoperateinarestrictedmarketwilllimitedscope fordevelopment,itinhibitscompetitionfromexternal marketswhichactsas adriverof innovationamongbusinessesandalso aprice determinantforcustomers.Opening the potential forbusinessesfromnorthandsouthKosovo,andexternal markets(Serbia,Montenegro,Macedonia, Albania etc.) to enter the wider Kosovo market without insurance cost constraints can greatly enhance the competitive nature of trade within the economy. The introduction of Customs Revenue Collection at administrative border boundaries in north Kosovo (Brnjak and Jarinje) has led to the creation of a Development Fund for the 4 northern municipalities. This fund had accumulatedup to €7.2 million as of September 2015 and has beenearmarkedforsocio-economicdevelopmentincludingthe constructionof anew fire station,supporting SME development and expropriation of land for new municipal buildings9 . International aid and civil society grantingor subventionsthroughmoneyormachinerydirectlytobusinesses,orthe fosteringandimprovementof the widerbusinessenvironment havetakenplace butlittleevidenceexistsof SMEdevelopmentthroughmunicipal structures.The introductionof the Customs Revenue Collection hasalsoledto the registrationof 439 companies for the import/exportof goodsfromthe northernmunicipalities10 .Thisregistrationhaspositiveconnotationsfor 7 Jovančevic, R.(2007) TheImpactofForeign Investment Flows on CroatianEconomy–AComparativeAnalysis. Presented at 7thGlobalConference on Business and Economics, Oct 13-14, 2007 in Rome, Italy 8 Law No. 04/L-199 onratification ofthefirst international agreementofprinciples governing the normalization ofrelations betweenKosovoand Serbia, Govt. of Kosovo –Sept2013 9 Brussels Agreement ImplementationStateofPlay (report submitted toEEAS), Govt. ofKosovo –October 2015 10 Brussels Agreement ImplementationStateofPlay (report submitted toEEAS), Govt. ofKosovo –October 2015
  • 10. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 10 the wider community as it ensures a level of quality assurance and control that was not previously available, especially when a number of these companies operate in pharmaceuticals and fresh food produce. Diploma Recognition,althoughadifferentissue,hasimpactsonmultiplelevelsalsohasadirectconnectiontothe sale and importof pharmaceuticals.The majorityof pharmacistsoperatinginnorth Kosovohave completedtheir educationinSerbianuniversitiesandhave beenunabletoget theirdiplomarecognisedbyKosovoauthorities.This lackof recognitionleavesthemwithoutalicence tooperate,whetherdispensingprescriptionsorimportingdrugs11 . Furtheraffectsof thisisthe inabilityof recentK-Serbgraduatestogainemployment inKosovoinstitutions,localor central,that require specificqualificationsora level of education. Thisleadstoaone-sidedpublicsectorthatlack the requiredskillstodeal withthe largestminorityinKosovo,itiscreatesa distinctlydisadvantageoussituationfor K-Serbs when trying to access employment. This is not just an issue in Kosovo, with ethnic-Albanians resident in Preševo valley, Serbia experiencing a similar situation. Many ethnic-Albanians in this region complete university level education in Kosovo due to increased access to courses in Albanian language, however, upon returning to Serbia these diplomas are not recognised and therefore it is not possible to find employment in Serbian state institutions12 . Until recognition of diplomas is fully implemented, engaging the relevant Serbian and Kosovo institutions, the full potential of the creationof employment opportunities and the introduction of qualified and well educated individuals into public sector institutions and companies cannot be realised. 3.4 Political Impact Issues Economic Growth Political impacts on the lack of implementation of the Agreement, leading to little economic growth as a direct result can be considered as both Belgrade and Pristina appeasing public opinion. A report published in 2014 deemed K-Serbs in the North extremely pessimistic, K-Serbs in the south are moderately pessimistic, and K- Albanians only mildly optimistic on the expected impact of the Agreement, with regard to the security situation the north, freedom of movement, economic development, EU integration and interethnic relations13 . The instabilityof the governments,withelectionsandnewgovernmentselectedinbothcentral institutionsin2014 did nothelpmatters asnewPrime Ministers took control of the ongoingdialogue.Belgrade’sgovernment washanded a somewhatstable mandate withstrong supportforAleksandarVučić,howeverinPristinathe processof forming a new governmenttook6monthsindicatingaweaklevel of supportforIsaMustafa andhiscoalitiongovernment14 . This weak level of support could be considered as a reason for the slow pace of implementation, as unpopular decision makingcouldhave potentiallyledtoan unseatedgovernment. New electionsinbothSerbiaand Kosovo are planned for 2016; therefore the slow pace of implementation looks set to continue. 11Retrieved from http://www.balkaninsight.com/en/article/brussels-accords-leave-north-kosovo-in-limbo-1, Balkan Insight article: Brussels accords leave North Kosovo in limbo - November 2014 12 Big Deal –Lost in Stagnation: CivicOversightofthe Kosovo-Serbia Agreement Implementation, Joint Publication: Balkan InvestigativeReporting Network, Internews Kosova, Centerfor Research, Transparency and Accountability, - April2015 13 Kosovar Attitudes on the2013Brussels Agreement between KosovoandSerbia,National Democratic Institute –February 2014 14European External Action Service,. (2014). Jointstatement: Formation ofthe new government in Kosovo by Federica Mogherini (High Representative for Foreign Affairs and Security Policy/ Vice-President ofthe Commission) &Johannes Hahn (Commissioner for European Neighborhood Policy & Enlargement negotiations. Retrieved from http://eeas.europa.eu/statements-eeas/2014/141209_03 _en
  • 11. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 11 The remaining structures funded by the Serbian Government in Kosovo, such as health, social welfare and education, are deemed by Pristina as reluctance from Belgrade to commit to the implementation of the Brussels Agreement, whereas from a K-Serb side in many cases they are the only relevant institutions servicing their requirements with little or reduced support from Pristina for the community in north Kosovo. This argument is strengthened by budgetary support received by the Serbian municipalities in Kosovo, with over €300 million committedinthe 2014 SerbianGovernmentbudgettobe distributedtoSerbianmunicipalities15 .Contrastingthis to allocationsfromPristina,northMitrovicacan expecttoreceive a municipal budgetof approximately€5 million per annum while the draft budget prepared by the municipalityfor 2014 returned figures of almost €3.5 million. This figure was later reduced to €2.7 million when Education and Health were excluded with funding continuing from Belgrade16 .The immediate removal of Healthand Educationfrom the budgetand willingnesstoreduce and remove budgetrequirementsforsuchareas showsmistrustof Pristinaofficialsindeliveringsufficientqualityand relevance inbothhealthandeducationbythe Serbiancommunity withinthe allocatedbudgetfornorthMitrovica. This lack of trust is also evident among K-Albanians whenwe consider the Pristina government abilityto deliver, where studies have found a growing dissatisfaction with those in power due to inefficiencies17 . Political will,or lack of and its use of the Brussels Agreement as a tool to manipulate public opinion,by those in powerandinopposition,are ongoingissuesinbothKosovoandSerbia. Thiswillingnesstocooperateonthe surface andundeniableavoidance of implementingkeycomponentsisakeyissuewiththe overall statusof the Agreement and its ability to affect change on the ground. This lack of accountabilityby political partieshas underminedthe processandledto ashiftinpublicopinion fromsomewhatpositivetonegative18 .Political interferenceinkeyissues such as Education and Healthcare, providers of key employment and drivers of economic activity should not be controlled in such a way. The need for academic freedom in teaching and the implementation of best practice healthcare should be to the fore, with an understanding of the concerns of the community, delivering a way to alleviate such concerns and not to use such important components of life as political negotiating chips. 15UNMIK Media Monitoring,. (2013). Belgrade holds the key to the cash register.Retrieved fromhttp://media.unmikonline.org/?p=29450 –Nov 2013 UNMIK Media Monitoring report, http://media.unmikonline.org/?p=29450 –Nov 2013 16 Prelec, M. & Rashiti, N. (2015). SerbIntegration in Kosovoafter the Brussels Agreement. Balkans Policy ResearchGroup 17 Martino, F . (2014). Kosovo: Beyond the ‘Brussels Agreement’. Italian Institute for InternationalPolitical Studies. 18 Retrievedfrom http://www.balkaninsight.com/en/article/brussels-agreement-implementation-heavily-delayed-says-report-April 2015. Rasa Nedeljkovic (Center for TransparencyResearchand Accountability,Belgrade) statement, as reported inBalkanInsight.
  • 12. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 12 4.0 Project Findings on Impacts of Brussels Agreement Note:All content in these sections of the report are analysis of project activity reports Throughout the project duration, June 2015 to March 2016 there were a number of project components or activities where current impacts or potential future impacts of the Brussels Agreement can be seen. The participationof 25 K-Serbbusinessesinthe AgroKosTrade Fair in October 2015 showsreal and tangible progress in terms of interaction between north and south Kosovo as it represented the first organized appearance of northern businessesat a Kosovo level business gathering. Although business cooperation existed and functioned between larger businesses it is not always conducted openly, in this instance the companies participating were drawn from a wide andvariedbackground and consistedof both large and small businesses.The participationat the faircan be consideredanimmediatesuccesswithtrade andtransactionstakingplace betweencompaniesand over 50 direct linkages established. Further to this, an additional 20 B2B meetings took place during the project period between north and south Kosovo companies. There was an intention to target smaller companies in this activity, similarly to some of those in attendance at the fair, as they are the businesses that are most impacted fromlackof abilitytotrade inthe widerKosovomarket.Thiswasfoundtobe due totheirlackof resourcesinterms of transport where their lack of appropriatelyregisteredvehicle (freedom of movement issues) or knowledge of the south Kosovo market. Business attitudes have changed in terms of willingness to trade with counterparts in south Kosovo, but difficulties are still to found in the facilitation and ability of actually meeting with potential partners. 4.1 Kosovo Chamber of Commerce, Stakeholders and North Kosovo Business meeting The meetinginFebruary2016 betweenthe KosovoChamberof Commerce (KCC)and24 representativesfromthe north Kosovo business community was a key event in assessing the current situation both economically and in termsof the potential forthese businessestointegrate intothe widerKosovomarket - additional representatives were present from local and international stakeholder community including Kosovo customs and GIZ. There were a number of important topics discussed; proposals were drawn from those present, obstacles to everyday business operations in the north identified and ideas for the sectorisation of north Kosovo. Obstacles identified were import procedures for raw materials and semi-processed products and the export of finished products. The introduction of customs leading to the creation of the Development Fund is a definite positive for north Kosovo in the long-term, but the inefficient flow of goods in and out of Kosovo is a definite issue for companies’ operationalabilities.Furthertothis,smallbusinesseswhooperatedwithoutimportcostpreviouslyare now struggling to maintain profitability when additional charges are applied. In this case, Mr. Naim Hurgulica (formerdirectorof Kosovocustoms) indicatedareductionof expensesforimportinggoodsfromSerbiawouldhelp alleviate problems and develop business further. This highlights the issues in implementing Customs Revenue Collection as part of the Brussels Agreement but without fully considering its impacts on the wider business environment in Kosovo, not just the north. Such issues related to mismatching veterinary permits, licencesand requirementsbySerbianandKosovocustomswerediscussedbyMr.SafetGerxhaliu,Headof the KCC.Thisfurther
  • 13. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 13 identifies a lack of a bottom up approach and shows the respective governments and institutions trying to implementproceduresthatcreate furtherobstaclesforpeople actively trying to create better living conditions. The KCCalsohighlightedanumberof objectivesithastosupportthe businesscommunityinthenorththrough the sectorisationof the economy.Asthe stilltobe formed ASMwillhave amajorrole ineconomicdevelopmentinthe future, there is definite scope for cooperation between the ASM and the KCC as a direct result of the Brussels Agreement.Further KCC objectivesinclude the identificationof potential FDI and central government assistance, fundingthat has not yetbeenavailable tothe businesscommunityinnorthKosovo.Thislack of FDI and business supportfrom Pristinacanbe furtherstrengthenedbythe DevelopmentFund.The ongoingaccumulationof funds could be utilisedin numerous ways, with direct supports to business as a co-financing option withFDI or central governmentapossibility.Again,thisdevelopmentwouldbe adirectimpactrelatedtothe ongoingimplementation of the Brussels Agreement. Duringthe discussionmajorobstaclestotrade were raisedbythe businessrepresentativeswiththe mostrelevant of these beingwhattheybelievedtobe discriminationagainstnorthernbusinessesbythe bankingsectorinKosovo. The obstaclescome in the form of lack of access to overdraftand short-termcreditfacilitiesof up to 6 months,a service thatisbeingprovidedtocompaniesinthe south.Thislackof creditcausesliquidityissuesforcompaniesin the north andleadsto anti-competitive behaviouranddistortionof the marketplace. Norepresentatives fromthe banking sector were present and panel members did not offer a reason for such practices but the discussion did raise issueswiththe lackof policingandrule of law innorthernmunicipalities,thusalackof recourse forthe banks intermsof ensuringpayments.Withthe functionalityof the judiciary,implementationof courtsandintegrationof Serbiasecurityforcesintothe Kosovoframeworkbeing integralissuestobe addressedbythe BrusselsAgreement it could be expected this obstacle can be removed in the medium term. Further issues raised at the discussion, and although not directly related to issues from the Brussels Agreement theydo equate to normalisationof relationsintermsof equal opportunitiesforall livinginKosovo,were the lack of correct and proper translation of documentation from Kosovo institutions. It is seen as an obstacle to entrepreneurial activities of northern companies. Although there is no timescale set, or framework in place for equal disseminationof all relevantdocuments itwasproposedandsupportedbyall inattendance thatovercoming such an obstacle would have a direct impact on trade and support the integration of north Kosovo business into the wider market. The lack of presence of sector associations, effective Chambers of Commerce, producer groups and professional associations is an obvious deficiency in the north Kosovo business environment. The presence of many entrepreneursandbusinessownersatsucha meetinghighlightsthe needforfuture organisationandstructure to allow for LED. External and internal factors, examples include political, legal, security and similar, prevent the inclusion and involvement of north Kosovo businesses in programs established under the auspices of either the KCCor SerbianChamberof Commerce (SCC).Thisnotonlyreducesthe marketreachof existingbusinessesbutalso inhibits the establishment of new enterprises that create competition and innovation in the marketplace.
  • 14. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 14 The services, programs and lobbying potential provided by KCC can greatly assist with economic integration of north Kosovobusinesses,while also increasingcompetitiveness,bothcurrentand new marketdevelopment,and strengthening internal capacities. These support mechanisms should deliver tangible results with identified, targeted and realistic outcomes that can be achieved for businesses involved, a further important aspect of involvement with the KCC is separation of companies from the political integration process which is slow and inefficient. Continued regular communication between K-Serb businesses and the KCC through site visits, group meetings, informal discussionsandsector-basedmeetingscan assistwith the current missingcomponentsof the northKosovobusinessenvironment.Itwouldalsoserveasabasisforfull membershipof the KCCfornorthKosovo companies in the future and inclusion in any future cooperation between KCC and SCC. 4.2 Panel Discussion: ‘AddressingPolitical ChallengesforEconomicGrowthin post-BrusselsAgreementKosovo’ The panel discussionfollowedthe KCCmeetingandenabledlocal businessesandstakeholderstoreaffirmanswers and continue the discussionwith insightsfrom individualswith differing interests and perspectives. The ongoing political wrangling between Belgrade and Pristina over the implementation process is evident across all 15 componentsof the BrusselsAgreement.With6of the 15componentsdirectlyrelatedtothe formationof the ASM, a keyarea relatedtoeconomicgrowth,itisinevitable thatthe slow adaptationof businessdevelopmentpractices will occur.The issuesrelatedtothis,andthe difficultiesposedtoentrepreneurswerediscussedthroughoutbythe panel. The flow of goods, both sale and supply was further cause for concern among panellists and those in attendance.The relationshipwiththe BrusselsAgreement,intermsof Customs Revenue Collection andthe legal framework surrounding import and export were found to cause concern and confusion in equal amounts. This shows similar findings to the meeting with KCC where such topics were raised also. The lack of political will toaddresssuch obstacles ispresentthroughoutthisanalysis,highlightingthe importance placedon political supportbut alsothe hindrance thislack of supportcauses.It was proposedthat thisis leading to a motivational deadlock in developing the local economy and further suppresses investment level, both local and FDI. The ASM, described by the panellists as an organisation that will not resolve the unemployment issues among the K-Serbcommunityanditis not the ‘omnipotentmagicestablishment’manybelieve ittobe. However, furtherproposalsforthe utilisationof the ASMto betterserve K-Serbbusinessinterestthroughthe development of a cohesive approach by Serb-majority communities leading to an increased level of competitiveness of companiesinthese municipalitieswereidentified.SuchproposalswouldallowK-Serbownedbusinesstocompete more readily throughout the wider Kosovo market. The lack of a consolidateddonorapproach,is, accordingtothe panellists, indicatedasgenericanddoesnotreflect the industrial heritageof northKosovo.There isclearevidencetosuggestthatmore targetedaidisneededif such supports are to continue, potentially the use of the Development Fund, established as part of the Brussels Agreement, canbe used forthe developmentof industry.Furtherdiscussiononthe connectionbetweenbusiness developmentanddonorsupportcontinuedwherebyitwasfoundthatpotentiallyaidpackageshave hadanegative effectinnorthKosovo.Thiswas supportedbysome evidence tosuggestthatsuchaid suppressesentrepreneurial spirit, and moves investment responsibilityaway from the individual or businessowner.Recapturing, or in some cases developing this spirit and willingness for individuals to invest their own capital is key to job creation and business development and can be incentivised without suppression as it seems has happened previously.
  • 15. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 15 In contrast to the above analysis that suggests economic development can occur as a result of the agreement it was suggestedthatnumeroussmall andlarge businessesinnorthKosovoeitherceasedorreducedproductionas a directresultof importandexporttaxesimposedduetothe implementationof the BrusselsAgreement.Examples were given such as the Ivo Lola Ribar factory in Lešak, and the Simpo furniture factory in Zubin Potok which highlights the use of the agreement as a tool for political disputes as discussed previously. Althoughnotdirectly relatedtothe BrusselsAgreement,the panel discussedethnictensionsandtheirrole inthe businessenvironment,the negative impactandthe obstaclestheycreate.Examplesof recentattemptstoboycott Serbian imports by K-Albanians and the seizing and destruction of imports through organised protests by the Vetevendosje political partywere discussed.Itwasfeltthat these examples andothersfromthe past can have in no way a positive impact on economic development,discouraging investment and leading to an unwillingness of external markets to trade inwardly with Kosovo-based companies. The panel consistedof Mr. DamijanSedar,Political AdvisoronDialogue Implementation –EuropeanUnion Office in Kosovo, Mr. Ljubiša Mijačić, Developmental Advisor to the Mayor of the Municipalityof Zubin Potok and Mrs. JelenaDjokić,DevelopmentalAdvisortothe Mayorof the Municipalityof Zvečan.The panelwas moderatedbyMr. Željko Tvrdišić. 4.3 Panel Discussion:‘Challenges and opportunities for entrepreneurship in post-Brussels Agreement Kosovo’ Thisdiscussionfocusedonhearingfromindividualsdirectlyinvolved withLED,new businessdevelopmentandthe administrative structures that supports company growth regarding their opinions and feelings on the challenges and opportunitiesresultingfromthe BrusselsAgreement. The varieddiscussionledtogoodparticipationfromthe audience who were eager to be involved in such debate,a note to a highly motivated business communitywho often lack a platform to voice their concerns. The issue regarding supports from the Pristina Government, notably the redistributionof tax income to north Kosovothroughthe Ministryof Financeinthe formof personal andbusinessgrantstoincentivise andmotivatethe wider community to become more active was discussedat length. It was reported that a system of proportional distributionof financial supportsisinuse and the lack of informationonpopulationsize innorth Kosovoimpacts greatly on the amount of money that is channelled there. This would mean that further cooperation, possiblyin the participationina censusor the continuedmove towardsobtainingKosovoidentificationcardsby the general populationcouldmeanreceivinggreaterresourcesinthe future.Suchresourceswouldbe channelled asdeemed necessary for support, and based on examples from other regions of Kosovothis included wide-ranging LED and infrastructural supports, financing for retraining and re-education of the workforce, and at an individual level greateraccess to welfare andsocial mobilitygrants. Itwas furtherhighlightedthatsuchmoneyisseparate to the monies collected as part of the Development Fund created as part of the Brussels Agreement. The BrusselsAgreementbroughtdiscussionsandcooperationbetweenPristinaandBelgradeto ahigherlevelthan hadeverbeenachievedbefore.The panel believedthistranslatestoincreasedfreedomforentrepreneurstotrade, with the perception of reluctance to cooperate and integrate at local level removed or reduced somewhat as a
  • 16. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 16 result. The increased freedom, including trade, movement, cooperation and other related areas are seen as opportunitiesforentrepreneursandbusinessownerstohave a more effective andopenrelationshipthat cansee businessesinthe northandsouthbenefit. Furthertothis,therehasbeenanexponentialincreaseintrade between SerbiaandKosovosince the signingof the Agreementaccordingtoreportsfromthe KCCandhighlightedaspartof the discussion by panel members. This trade can be seen as positive with regard to steps made to normalise relations but should be monitored to ensure a balance of trade remains and imports from Serbia do not overshadow local production and inhibit manufacturing and processing in Kosovo. The panel believes that the most important aspect, and opportunity related to the Brussels Agreement is the formation of the ASM whichisenvisagedtohave powersrelatedtoLED.However,the panel furtherbelieves that the lack of efficiency in implementing the components of the Brussels Agreement is negatively affecting entrepreneurs. This negative impact, felt in numerous ways, is believed to be most relevant for new market entrantswho believe the lackof clarityand understandingof the processes are an indicationof bothcurrent and future instabilityin market. This impact on new entrants has multiple negative impacts on the wider business environment;reducedcompetitionleadingtolow levelsof innovation,unfairormonopolisticpracticesbyexisting businesses, and limited new job creation. There are additional challenges for existing business where the lack of access tofinance or financial aid,andthe lackof legal protectionforbusinessesinnorthKosovo are seenasmajor challenges.The legal protectionissueisrelatedtothe currentKosovosystemlackingthe willorabilityto recognize business owners as also the owners of their assets. This was due to missing cadastral documentation which has nowbeenreturnedfromSerbiatoKosovoaccordingtothe panel andthereforethe issuesshouldbe resolved.The impacts are reduced ability of business to use fixed assets as collateral against business loans or mortgages, essential elements for long-term economic development. The panel continuedtheirdiscussiononthe lack of progresson the BrusselsAgreementimplementation,anissue highlighted throughout this paper as major detriment to the overall process. With relation to travel to and from Central Serbiafor foreigners,the PristinaGovernmenthasmade it a necessitytoenterandleave Kosovothrough the same administrative crossing andthisis seenas a majorbarrier to tourismandthe transport industry.Further administrative crossing issues were discussed, the most prevalent being the lack of capacity to deal with the transition of goods and people in an effortless manner which is seen as requirement for effective business to operate. Education within the tourism sector was also brought to the attention of the audience with the lack of organized and professional certification available. This lack of Vocational Education in areas such as Tourism Agents,Waitingstaff,andqualifiedChefsandKitchenstaff throughoutKosovoare seenasmajorchallengesmoving forward. The final area of discussion was related to a Free Trade Agreement but the panellists did not address the topic directly, rather discussing the impacts of the Brussels Agreement on the flow of goods, importsand exports and the role of the tax administration. It was agreed that since the signing of the Agreement there could be greater assurances of quality of imports and a better understanding of quantities which can give indications for future import substitution growth areas. Additionally the panellists discussed the idea that the Agreement is based on political interestwithlittlethoughtforthe businesscommunityinthe decision-makingprocess.Therehasnot,and almostcertainlywill notinthe future be anydirectcontact betweenPristinaorBelgrade withindividual members
  • 17. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 17 or membershipgroupsfromthe businesscommunityregardingthe issuesresultingfromthe BrusselsAgreement. Such an approach, top-down rather bottom-up,does not contribute to an improvement in the overall situation, whether economically or socially, and could potentially create long-lasting problems. The final commentsof the panel were relatedtofuture representationof the northKosovobusinesscommunityin the formof an Association,whichwouldactindependentlyoraspartof a Chamberof Commerce tobestrepresent the interests of its members. The panel consistedof Ms.KatarinaAdjančić,Headof the KosovoTax Administration (KTA) office,NorthMitrovica Municipality, Mr.Amir Tusuni, B2B consultantand Local InvestmentManager,Goran Milićević,Entrepreneurand MA in Political Sciences and Nenad Stojaković, General Secretary of Association for Tourism and Transport, and Manager of Holiday Plus Tourist Agency.The panel was moderated by Mr. Željko Tvrdišić. 4.4 Additional Project Documentation Quarterlyprojectreportsdirectlyrelatedtothe implementationof projectactivitiesindicate ahighlevelof support from the wider business environment for cooperation in a post-Brussels Agreement Kosovo. Thisis evident from the numberof B2B meetings conductedandthe ongoingrelationshipsthatthiswillfoster.Inadditiontothis,there were 25 participantsatthe AgroKosTrade Fair inPristina,anotherclearindicationof the willingnessof businesses innorthandsouthKosovotocooperateonamore openandprofessionallevel.Intotalitisestimatedbytheproject implementationteamthatover80 individualbusinessinteractionstookplace betweencompaniesfromnorthand southKosovoasa directresultof these activities,while theywere furtherdirectlyresponsibleforthe beginningof, and increase intrade betweenbusinessesintheirrespective regions of Kosovo.Itisdifficulttopredict atthisstage the true monetary and social value of establishing such linkages, however practice has shown that maintaining such relationship can be challenging due to the removal of facilitation and a driver to organise such events.
  • 18. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 18 5.0 Conclusion and Recommendations Following observations and analysis within the scope of project activities and external developments within the duration of the project conclusions and recommendations have been drawn across a number of levels. 5.1 Recommendations at a Local Economic Development level Continuous efforts from institutions in Kosovo, central and local, to address real issues at a local level that have currently stagnated due to the low level of implementation of the Brussels Agreement. An impression exists that the resolution and implementation of the Brussels Agreement will enable greater economicdevelopmentandbetterlivingconditionsforthe widercommunitywithinKosovo bycreatingstabileand arranged business environment. The static nature of implementation, the low level of progress since April 2013 indicates that such results will not be evident for some time yet. Therefore, it is imperative that the Kosovo Government and other institutions, at both local and central level should not see the Agreement, and the implementation of the agreedcomponents as the solution to economic or other issues. It is important that such government offices and institutions continue to work in an ongoing cross-party process and within inter- community frameworks in-line with parliament make-upto address real issues at a local level that are static due to the ongoing Brussels Agreement resolution. Transparent use and allocation of Development Fund monies, with fully published accounts available to the public. The creation of the Development Fund is hugely positive outcome of the Brussels Agreement but assurances of concrete and transparentuse isneededtoensure the resultsbenefitthe entire communityof northKosovointhe correct manner. The use of funds for the construction of a new fire station, supporting SME development and expropriation of land for new municipal buildings are legitimate causes but as the fund continues to grow the selectionof future projectsshouldbe devisedwithina strategicplantomeetlong-termobjectivesrelatedtolocal needs. The importance of transparencyin the use and allocationof such funds is imperative,withfullypublished accounts and use of money recommended as a method of holding public officials fully accountable. This information should be fully available to the public via appropriate portals, whether online or in person with no requestfee orobjectiontothe release of suchmaterials.Suchmethodsof transparencyare deemednecessarydue to the ongoing public perception and reports of corruption19 and dishonesty20 among many public officials throughout Kosovo. Establishmentof a long-termcapacity (office) to continue to fosterbusiness relationshipsmanage and create new business linkages and facilitate B2B meetings leading to improved economic development. The successof the businessinteractioncomponentsof thisprojectcannot be understated,withatleast80 direct business relationships fostered for many companies who had previously never interacted with K-Albanian counterparts.These linkageshave effectsatmultiplelevelsoutside the obviousareasrelatedtoeconomicgrowth 19 Corruption inKosovo: Bribery as experiencedby thepopulation,UN Office onDrugs and Crime,Vienna - 2011 20 Jacque, Prof.J-P (Honorary Director General oftheCouncil ofEuropeanUnion). (2015). Review ofEULEX Kosovomission’s implementation ofthemandate with particular focus on recent allegations
  • 19. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 19 and prosperity while at a social level such business meetings ease tensions between communities and create a normality of forming inter-ethnic relationships.The long-term effects of such can include, but are not limitedto the re-integration of societies, re-building of trust and the creation of sustainable trade for long-term LED. Therefore,aproposal tocontinue the facilitationof B2Bmeetings, the ongoingfosteringof businessrelationships, and the management and creation of new linkages is seen as crucial for improved societal and economic development. To achieve this it is proposed that the establishment of a permanent or long-term office with the capacitytoimplementsuchactivitiesthataddresstheissueshighlightedabove. Thisoffice couldbe fundedthrough multiple donors,bothinstitutionalandinternational,dependingonthe relativeobjectivesthatare tobe achieved; such cooperation between donors would reduce project overlap and improve the utilisation of resources. Greater concentration of direct donor supports to businesses centred on industry and manufacturing and increase of local and regional competitiveness rather than agricultural activities. This paper highlighted a number of deficiencies in the supports offered by the international donor communityin supportforLED, witha highconcentrationonagriculturalsupportsratherthansupportsforthe historical legacyof industryandsimilarsectors.Therefore,aproposal for achange in the approachbythe donorcommunityisneeded to offerthe appropriate supportsneededtoallow forincreased local andregional competitivenessof businesses. The successof thisprojectandothersimilarinterventionsincreatingbusinessconnectionsandsupporttobusiness fromoutside the agriculturalsectorshighlightsthereisademandandrequirementforsupportstotheseindustries. Increasedcooperation betweennorth Kosovo businessesandthe KCC enablingrepresentationat higherlevel meetings allowing for alleviation of difficulties and barriers to trade. The enthusiasm of north Kosovo businesses to cooperate with the KCC and become involved in their ongoing activities related to business development and trade promotion. This willingness to become involved in KCC activitiesisadirectconsequenceof decreasedbarriersandobstaclestosale andsupply,andchange inperception to inter-ethnictrade and cooperation.The connectionsestablishedduringthisprojectbetweenthe businessesand the KCCare the firstatagrouplevelandtheseeffortsshouldnotbe allowedtodisintegrate andneedtobe fostered and developed further. There were discussions to continue such meetings, developing connections for the north Kosovo businesses with the SCC through ongoing cooperation with the Kosovo Chamber of Commerce. Further representations for the northern business community related to the permits, licences and difficulties accessing informationinSerbianlanguage are needed,andshouldformpart of the agendaof any future meetings involving K-Serb businesses. Resolution of surrounding issues, and implementation of an improved quality, competitive and stable Telecoms and Energy market, and associated services, developing a basic requirement for a business environment to develop. The importance of modernandcompetitiveTelecomandEnergyinfrastructureisakeydriverinLEDandthe ability of Kosovo to attract FDI. The role of these infrastructure sectors in both LED and FDI can be considered highly importantandthe reliance of businessesonTelecomsandEnergyshouldnotbe understated.The currentsituation with ISPs coming from Albania and Serbia, fixed line telecom being provided by Serbia, mobile telecom from Monaco, Slovenia, and Serbia. In terms of Energy supply,it is produced internallywith some supply from Serbia;
  • 20. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 20 however, the often sporadic nature of availability is detrimental to the business environment. The ongoing discussionbetweenPristinaandBelgraderelatedtothesemattershasreducedthe issuetoapoliticalpawnwithout takingintothe considerationthe dailylivesof those livinginKosovo.The provisionof suchbasicneedsasTelecom andEnergy,alongwithwateralthoughnotaBrusselsAgreementissue,shouldbe providedatcompetitive andhigh quality level and the resolutionof these discussions is keyto this. Resolutionleading to a regulatedopen market where licences and distribution agreements are granted would be highly desirable to improving the current situation.Thismarket,whereease andabilitytochange providersishigh,shouldbe customerfocusedandseekto provide a quality, efficient and constant service. 5.2 Recommendations at a Political level related to Local Economic Development  Implementation of signed Agreements ensuring full reciprocal recognition of education and qualification certificatesof graduates from Serbian and Kosovo institutionsallowingequal and competitive opportunities to operate in the employment market. Although some progress has been made in the area of Diploma Recognition with the reaching of further agreements between Serbia and Kosovo in September 201521 there is no evidence of frameworks, systems or processesbeingputin place to implementthisagreement.Withthe slow pace of implementationof the Brussels Agreementthere isnosurprise thatin7 monthssince thisfurtheragreementthatnoreal progressor updatesare available to the public. This lack of transparency and accountability of progress in this component and others undermines the whole process and leads to disillusionment among the public, and a feeling that nothing is happening and no resolutions are been achieved.The impression that politicians are usingsuch agreements as a springboardtopromote self-interestwithlittleactual resultsforthcoming,anexampleisthe statement referenced above wherebyitisstatedthatagreementsare inplace but yetthere isa refusal of Pristinato recognize diplomas issued by the University of Pristina currently located in north Mitrovica, even those certified by the European Associationof Universities22 .Full resolutioninan efficientandeffective mannerof thisissue isthe onlyoptionto allowfull andequal employmentopportunitiesforresidentsof bothKosovoand Serbia;thisshouldbe the aim of all those involved rather the political gamesmanship that is currently in operation.  Use of cross-party, non-party and multi-level negotiations with regard to components of the Brussels Agreement, reducing political control and increasing accountability of the responsible bodies. The overall slow progress in implementation and therefore the lack of positive effects and benefitsfor the wider Kosovocommunityintermsof economicdevelopmentandotherareasof the Agreementisanimportantfactorto consider.The current use of government ministersandpersonal frombothsidescan be seenas detrimenttothe overall process, with evidence from the Good Friday Agreement (also known as the Belfast Agreement) in post- conflictNorthernIrelandhighlightingtheeffectivenessofcross-party,non-partyandmulti-levelnegotiations23 .The involvementof numerous sectorsof society,includinggovernmentsfromthe UK,Ireland,representativesfromall political divides in Northern Ireland, religious body representation, civil society representation and the use of 21The Office of the Prime Ministerstatement,Kosovo statement,. (2015). Agreementon mutualrecognitionofDiploma. Retrieved from http://www.kryeministri-ks.net/?page=2,9,5259 22 Progress report onthedialogue between Belgradeand Pristina, Officefor Kosovo and Metohija, Govt. ofSerbia –October2015. 23 The Good Friday Agreement –An Overview, Democratic Progress Institute,London, UK –June 2013
  • 21. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 21 intermediaries in such an agreement, and the sustainable resolution that was achieved gives indications of the effectivenessof the process. Due tothe somewhatunstable GovernmenthistoryinKosovo, andthe lackof overall public support for all aspects of the Agreement would suggest that such an approach would offer more effectivenessinimplementation.Itwouldensure thatconcernsfromallrelevantcommunitieswithinKosovowould be effectively and equally represented and key issues such as health education are dealt with in an appropriate manner. In a negotiation with more present than Government representatives would also ensure more accountability in decision-making and reduce political power games that fail to serve or progress Local Economic Development.
  • 22. EFFECTSOF THE BRUSSELS AGREEMENTON THE BUSINESS ENVIRONMENT|2016 AKTIV | WWW.NGOAKTIV.ORG | INFO@NGOAKTIV.ORG | MITROVICA | KOSOVO Page 22 6.0 Bibliography 1. European External Action Service,. (2013). Serbia and Kosovo reach landmark deal. Retrieved from http://eeas.europa.eu/top_stories/2013/190413__eu-facilitated_dialogue_en.htm 2. Officefor Kosovo and Metohija,Govt. of Serbia,.(2015). Pristina’s decision murdering dialogue, Belgrade not acquiescing to circus spectacles.Retrieved from http://www.kim.gov.rs/eng/v329.php 3. Brussels Agreement Implementation State of Play, Kosovo Government – March 2015 4. Local Economic Development of Kosovo: Research Report, Riinvest – April 2002 5. Foreign DirectInvestment in Kosovo: Policy Environment and Promotional Strategy, Riinvest – Sept 2002 6. How Post-ConflictCountries can Attract and Benefit from FDI, Lessons from Croatia and Moza mbique, UNITED NATIONS Conference on Trade & Development – 2009 7. Jovančević,R. (2007) The Impactof Foreign Investment Flows on Croatian Economy – A ComparativeAnalysis.Presented at 7th Global Conference on Business and Economics, Oct 13-14, 2007 in Rome, Italy 8. Law No. 04/L-199 on ratification of thefirstinternational agreementof principles governingthenormalization of relations between Kosovo and Serbia, Govt. of Kosovo – Sept 2013 9. Brussels Agreement Implementation State of Play,Govt. of Kosovo – October 2015 10. Brussels Agreement Implementation State of Play,Govt. of Kosovo – October 2015 11. Retrieved from http://www.balkaninsight.com/en/article/brussels-accords-leave-north-kosovo-in-limbo-1,Balkan Insight article: Brussels accords leave North Kosovo in limbo - November 2014 12. Big Deal – Lost in Stagnation: Civic Oversightof the Kosovo-Serbia Agreement Implementation, Joint Publication:Balkan InvestigativeReporting Network, Internews Kosova,Center for Research, Transparency and Accountability, - April 2015 13. Kosovar Attitudes on the 2013 Brussels Agreement between Kosovo and Serbia,National Democratic Institute – February 2014 14. European External Action Service,. (2014). Joint statement: Formation of the new government in Kosovo by Federica Mogherini (High Representative for Foreign Affairs and Security Policy/ Vice-President of the Commission) & Johannes Hahn (Commissioner for European Neighborhood Policy & Enlargement negotiations. Retrieved from http://eeas.europa.eu/statements-eeas/2014/141209_03 _en 15. UNMIK Media Monitoring,. (2013). Belgrade holds the key to the cash register. Retrieved from http://media.unmikonline.org/?p=29450 – Nov 2013 16. Prelec, M. & Rashiti,N. (2015).Serb Integration in Kosovo after the Brussels Agreement. Balkans Policy Research Group 17. Martino,F . (2014). Kosovo: Beyond the ‘Brussels Agreement’. Italian Institute for International Political Studies. 18. Retrieved from http://www.balkaninsight.com/en/article/brussels-agreement-implementation-heavily-delayed-says- report - April 2015. Rasa Nedeljković (Center for Transparency Research and Accountability, Belgrade) statement, as reported in Balkan Insight. 19. Corruption in Kosovo: Bribery as experienced by the population,UN Office on Drugs and Crime, Vienna - 2011 20. Jacque, Prof.J-P (Honorary Director General of the Council of European Union). (2015). Review of EULEX Kosovo mission’s implementation of the mandate with particular focus on recent allegations 21. The Officeof the Prime Minister statement, Kosovo statement,. (2015). Agreement on mutual recognition of Diploma. Retrieved from http://www.kryeministri-ks.net/?page=2,9,5259 22. Progress report on the dialoguebetween Belgrade and Pristina,Officefor Kosovo and Metohija, Govt. of Serbia – October 2015. 23. The Good Friday Agreement – An Overview, Democratic Progress Institute, London, UK – June 2013