EULEX MAKING PROGRESS, BUT CHALLENGES REMAIN

UNCLAS SECTION 01 OF 02 BRUSSELS 000096 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: MARR PREL PGOV KV XG EUN SUBJECT: EULEX MAKING PROGRESS, BUT CHALLENGES REMAIN BRUSSELS 00000096 001.2 OF 002 SENSITIVE BUT UNCLASSIFIED -- PLEASE HANDLE ACCORDINGLY. ¶1. (SBU) Summary: On January 18, the EU convened the EULEX Kosovo Committee of Contributors, which comprises EU and non-EU contributing countries for a political and operational discussion. The Committee heard an operational briefing from the EU and conveyed U.S. policy points to all contributors. In the January 18 meeting, EU officials emphasized the mission's success in 2009, when EULEX reached full operating capability, stood up a court in North Mitrovica, and established a liaison office in Belgrade. EU officials and non-EU contributors, including the U.S., emphasized the importance of not allowing parallel structures to develop. The EU and non-EU contributors also stressed the need to continue to develop justice and customs structures in northern Kosovo. In addition, contributors called attention to their own contributions to the mission, such as Croatia's deployment of EU-requested armored personnel carriers. End Summary. ¶2. (SBU) Mercedes Garcia Perez, the new Head of the Europe Section in the Civilian Planning and Conduct Capability, chaired the meeting. Garcia Perez opened by noting that in its first year of operations, EULEX established a mission, took over for UNMIK, and opened a liaison office in Belgrade. She said that while this constituted a successful year, EULEX would confront a number of key challenges in 2010. First, as EULEX increases its activities to counter organized crime, criminal organizations could begin to strike back. Second, extending EULEX's remit in northern Kosovo will be an ongoing challenge. Garcia Perez asked for contributors to support the mission operationally and politically, especially in communications with Belgrade. ¶3. (SBU) The EULEX Head of Mission, General Yves de Kermabon, also emphasized EULEX's successes in 2009 and the challenges for 2010. De Kermabon said he was proud of EULEX's level of engagement. He said the mission's activities in monitoring, mentoring, and advising (MMA) had been well received, and EULEX had made progress on its executive mandate. He emphasized the importance of Serbia coordinating with Kosovo authorities before visits by Serbian officials. Serbian PM Tadic's visit had been fully coordinated, he said. On the other hand, Minster Bogdanovic's attempted visit to Strpce was not coordinated, and Pristina asked EULEX to help escort Bogdanovic back to Serbia. ¶4. (SBU) Looking ahead to 2010, de Kermabon cautioned contributors not to allow parallel structures to develop. "EULEX does not recognize or assist parallel structures," he said. De Kermabon asked contributors to encourage Belgrade not to try to stand up parallel courts, in particular. There can only be one judicial structure in Kosovo, he argued. EULEX helped reopen the court in North Mitrovica, where five trials have taken place. Now, the mission must move Kosovo Serb prosecutors and judges into the court. ¶5. (SBU) De Kermabon highlighted resource and personnel constraints that could limit EULEX's ability to help the Kosovo authorities extend their remit to the north. During the tenth call for contributions, the EU received 491 applications for 489 positions. However, the EU is still critically short of applicants for customs, judicial, and prosecutorial posts. In particular, EULEX does not have enough applicants for border monitoring posts at Gates 1 and ¶31. Once applicants are selected for posts, de Kermabon asked that contributing countries ensure they deploy quickly. ¶6. (SBU) Interventions focused on the issue of parallel structures and extending Pristina's authority in the north. Croatia emphasized the need to strengthen Kosovo institutions in order to render parallel structures redundant. Croatia also called attention to its contribution of armored personnel carriers to EULEX. Norway expressed its support for EULEX helping establish a functioning justice system in North Mitrovica. Norway also expressed concern that parallel structures are growing stronger, noting in particular the inroads made by Serbian energy company EPS. On the other hand, Norway praised the relatively strong participation of Kosovo Serbs in the electoral process. Italy stressed Rome's conviction that all EULEX participants must provide strong political support to the mission. Italy said this would be BRUSSELS 00000096 002.2 OF 002 important in the fight against corruption and as EULEX expands its activities in the north. ¶7. (SBU) USEU DCM, drawing on Department talking points, stressed the importance of the rule of law, including combating organized crime and corruption, as a top priority for 2010. He commended EULEX on its close cooperation with KFOR and asked about de Kermabon's thinking on a timeline and MMA roles for EULEX during KFOR's conditions-based unfixing from patrimonial sites. USEU DCM encouraged EULEX to continue to establish itself in northern Kosovo, where a robust EU presence will help foster dialogue and defuse potential security risks. He also stressed the importance of redoubling efforts to promote an undivided Kosovo, including by establishing unitary police, justice, and customs systems. He expressed concern with Serbian attempts to undermine the existing legal framework for the provision of electricity services in Kosovo, and praised EULEX for its role in the Bogdanovic affair. ¶8. (SBU) Responding to the DCM's question, de Kermabon called KFOR-EULEX cooperation "excellent." He stressed that NATO was still waiting for political agreement to unfix from the Gazimestan patrimonial site. EULEX has already initiated planning and exercises focused on its MMA role with the Kosovo Police at patrimonial sites, including particularly sensitive sites. The timeline for unfixing, however, would be determined by NATO. KENNARD .