Thewesternbalkans
Basic developments.
July 2008: Interim Agreement on trade and trade-related issues starts being applied.
June 2015: The EU-Bosnia and Herzegovina Stabilisation and Association Agreement (SAA) enters into force.
February 2016: Bosnia and Herzegovina submits its application for EU membership.
May 2019: The European Commission adopts its Opinion (Avis) on the membership application of Bosnia and Herzegovina, identifying 14 key priorities for the opening of EU accession negotiations.
December 2019: The EU Council endorses the Commission’s Opinion and the 14 key priorities in its conclusions on the EU membership application of Bosnia and Herzegovina.
October 2022: The Commission recommends to grant Bosnia and Herzegovina candidate status, on the understanding that a number of steps are taken.
December 2022: The European Council grants candidate status to Bosnia and Herzegovina.
November 2023: The Commission recommends the opening of EU accession negotiations with Bosnia and Herzegovina, once the necessary degree of compliance with the membership criteria is achieved.
In its Report on the state of play of the accession process with Bosnia and Herzegorvina, issued on 8 of November 2023, the European Commission has pointed out following main conclusions:
Political criteria. All state and entity-level legislative and executive bodies were set up by May 2023. A new state-level Council of Ministers took office in late January, supported by a ruling coalition including SNSD, HDZ BiH, and the ‘trojka’ (SDP, NiP, Naša Stranka). A state budget for 2023 was adopted in March. The new Council of Ministers took significant steps to adopt EU reforms following the granting of candidate status: it adopted the strategy on organised crime, an updated risk assessment and accompanying action plan on anti-money laundering and combating terrorism financing, as well as the strategies and action plans on migration and on terrorism. It also appointed a supervisory body for implementation of the national war crimes processing strategy. The contact point with Europol finally started operations in June 2023. The Council of Ministers also endorsed a set of draft laws, notably on: integrity in the judiciary; torture prevention (designating the Ombudsman as national preventive mechanism); foreigners; and freedom of access to information. These were adopted by Parliament in August and September 2023.
A number of Constitutional Court decisions have yet to be fully enforced, including on state property. The Constitutional Court suspended or quashed several legal and political acts by the Republika Srpska entity. The entity leadership determined to enforce such laws, nevertheless, endangering legal certainty.
Constitutional and electoral reforms are still needed to bring the Constitution into line with the European Convention on Human Rights.
No steps were taken to develop socio-economic reforms in line with Commission recommendations and with the joint conclusions of the economic and financial dialogue. The continued protectionist measures are a matter of concern in the implementation of the SAA. Policy dialogue under the SAA was restored after its political blockage in 2021-2022. Bosnia and Herzegovina has not yet developed a national plan for the adoption of the EU acquis(NPAA), as required by the SAA.
Some progress was made on the alignment with the common foreign and security policy (CFSP). Bosnia and Herzegovina significantly improved its alignment with EU foreign policy. Republika Srpskaentity authorities and parties advocated for a neutral stance on Russia’s aggression against Ukraine, contesting the country’s alignment with EU statements and obstructing the full implementation of restrictive measures against Russia. Bosnia and Herzegovina has launched ratification of two regional mobility agreements and needs to do the same for the agreement on free travel with identity cards.
Following the Report, Bosnia and Herzegovina is at an early stage of preparation and made some progress on public administration reform (PAR). Some positive steps were taken by adopting the PAR coordination arrangement (‘common platform’), including a political decision-making body. Some five years after adoption, the PAR action plan has been implemented only to a limited extent.
Bosnia and Herzegovina is at an early stage of preparation as regards its judiciary. Some progress was made in this area. In September 2023, Bosnia and Herzegovina amended the Law on the High Judicial and Prosecutorial Council (HJPC).
The Council of Ministers also appointed a new supervisory body overseeing the implementation of the national war crimes strategy.
The independence and impartiality of the judiciary did not improve.
Bosnia and Herzegovina is between an early stage and some level of preparation in the prevention of and fight against corruption and organised crime. No progress was made in the fight against corruption. Some progress was made on the fight against organised crime. The Council of Ministers adopted a strategy on organised crime, a strategy and action plan on terrorism, an updated risk assessment and an accompanying action plan on anti-money laundering and combating the financing of terrorism.
Criminal organisations take advantage of legal and administrative loopholes. The police is vulnerable to political interference. Financial investigations and asset seizures are also largely ineffective.
The legislative and institutional framework on fundamental rights is largely in place. In August 2023 the Parliament adopted a Law on freedom of access to information and amended the Law on the human rights Ombudsman to designate it as the national preventive mechanism against torture and ill-treatment. Pride marches have been held regularly since 2020, and an action plan on the rights of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) persons was adopted in July 2022. The gender action plan was adopted in October 2023. Gender-based violence, ill-treatment of detainees and inadequate protection of minorities, including the Roma, continue to cause concern.
There was backsliding in guaranteeing freedom of expression and freedom of the media by protecting journalists from threats and violence and ensuring the financial sustainability of the public broadcasting system.
Bosnia and Herzegovina continued to take steps to improve migration management. Bosnia and Herzegovina adopted a new strategyand action planon migration and asylum and now needs to implement them. A Law on foreigners was adopted in September 2023.
The EC outlined that as regards economic criteria, Bosnia and Herzegovina is at an early stage of establishing a functioning market economy. Cooperation and coordination of economic policymaking at state level and among the entities have further deteriorated. As a result, the country’s internal market remains fragmented, adversely affecting the business environment. Unemployment remains very high and labour out-migration persists. The country’s economic reform programme (ERP) continues to be of poor quality and implementation of reforms is limited. The ERP does not contain sufficient credible countrywide measures to address the major structural economic challenges in relation to the business environment, the informal economy, public enterprises, the green and digital transitions, and unemployment. Overall, Bosnia and Herzegovina’s economic performance remains below its potential, as policymaking is hindered by political stalemate, an overly short-term approach, and lack of focus on policy measures to build growth.
Bosnia and Herzegovina is between an early stage and some level of preparation in terms of capacity to cope with competitive pressure and market forces in the EU, and made limited progress in this area.
Bosnia and Herzegovina is in between an early stage and some level of preparation in its ability to take on the obligations of EU membership.
Bosnia and Herzegovina has some level of preparation and made limited progress in the area of public procurement with the adoption of certain bylaws. Some progress was made on public internal financial control (PIFC) in terms of implementing PIFC strategies in the entities and at state level.
Major steps are needed to align the legal framework across the country with the EU acquis on the internal market(free movement of goods, workers, services and capital, company law, intellectual property, competition policy, financial services, consumer and health protection) as well as to establish an internal market within the country. Bosnia and Herzegovina made no progress in this cluster.
Bosnia and Herzegovina made limited or no progress in the areas of competitiveness and inclusive growth (taxation, digital transformation and media, social policy and employment, enterprise and industrial policy, science and research, education and culture and customs). It showed no progress in other areas (economic and monetary policy) where it is at an early stage or has some level of preparation.
Bosnia and Herzegovina made some or limited progress in the green agenda and sustainable connectivitycluster, where it is at an early stage on energy, environment, and climate change. It has some level of preparation in the areas of transport and trans-European networks.
Bosnia and Herzegovina made no progress in the areas of resources, agriculture, and cohesion (agriculture and rural development, food safety, veterinary and phytosanitary policy, fisheries and aquaculture, and financial and budgetary provisions), where preparation is mostly at an early stage.
Bosnia and Herzegovina has some level of preparation in the cluster on external relations. Its alignment with the EU Common Foreign and Security Policy (CFSP) significantly improved, notably on High Representative statements on behalf of the EU and Council decisions on restrictive measures following Russia’s war of aggression against Ukraine, although the implementation of sanctions remains a challenge. Bosnia and Herzegovina again unilaterally introduced and continued export restrictions breaching the terms of the SAA, a matter of concern for trade and commercial policy. Bosnia and Herzegovina continued to actively participate in regional cooperation and to maintain good neighbourly relations. It needs to swiftly ratify the three regional mobility agreements.
In 2022, Bosnia and Herzegovina benefited from EUR 45.5 million under the Instrument for Pre-accession Assistance 2021-2027 (IPA III), providing support for programmes in justice, public administration reform, public finance management, EU integration, environment and climate change, employment and social protection. This set of programmes, complemented by a package of multi-country programmes, significantly contributes to the implementation of the Economic and Investment Planfor the Western Balkansand theGreen Agenda.
Comment: In the sense of the report on BiH for 2023, the geopolitical component prevails. The country still has an uncertain future, and Republika Srpska is increasingly trying to impose its agenda on BiH. This will be decisive in the coming years. On the other hand, the 45.5 million euros allocated so far under the pre-accession instrument (IPA) are insignificant compared to the money allocated for the rest of the WB countries, as well as for some of the countries of the Eastern Partnership. For BiH, coordination of actions and partnership between the EU and NATO in their quest to assert their positions and prevent centrifugal forces in the country will be crucial.
