Shala reacts to Brnabiqi: You have grounds to send Kosovo to Arbitrage for tax

Trade Minister Andrew Shala, in a publication on the social network “Facebook” has reacted following Serbian Prime Minister Anna Brnabyq's warnings to send Kosovo to Arbitrazh, the cause of a 100 per cent tax on Serbian and Bosnian products, Periscope reports. Shala has written that Serbia has no basis for sending Kosovo to Arbitrazh. [...]
Shala has written that Serbia has no basis for sending Kosovo to Arbitrazh.
Full response:
Serbia has no basis for sending Kosovo to arbitration!
The Government of the Republic of Kosovo's decision to establish the 100% measure for all products originating from Serbia and Bosnia and Herzegovina has been taken based on the fact that economic and trade relations between the Republic of Kosovo and these two states have been and are deeply asymmetric, a situation that has only evolved because of the political problems caused by these two countries that have seriously affected and damaged the Republic of Kosovo and its economy.
These two countries have consistently placed unwarranted barriers to Kosovo's trade and economy in opposition to the goals of the CEFTA Agreement, Article 1 and Article 13, respectively, on technical barriers to trade.
The Republic of Kosovo as a member of the CEFTA agreement is obliged to report all tariff and non-tariff barriers imposed by the member states of this organisation. We have constantly reported these barriers, and since there has been no response from the CEFTA countries, I have proposed setting up the 10% measure on November 6th 2018, which is then on the Government of the Republic of Kosovo's decision has turned 100% on November 22nd, 2018.
CEFTA member states based on Article 42 paragraph 2 of this agreement have the right to seek bilateral consultations when there are such problems. I have accepted two such requests from the respective ministers of Serbia and Bosnia and Herzegovina, and none of these requests have been addressed to the Government of the Republic of Kosovo and therefore I have not accepted bilateral meetings in the name of the Republic of Kosovo, as requirements have been addressed to someone else, for UNMIK.
By December 07th, 2018, I have responded to two ministers from both countries that such requests are addressed in the wrong address and that if these requests are not addressed at the right address, The Ministry of Trade and Industry of the Government of the Republic of Kosovo will not start counting days for consultations, as CEFTA Agreement paragraph 42 demands.
By December 11th, 2018, I have accepted the request for bilateral consultations from Bosnia and Herzegovina, which has been addressed based on agreements reached in Brussels between the Republic of Kosovo and Serbia.
As a result, by the date 24.01.2019 I have authorized an MTI delegation to travel to Bosnia and Herzegovina to meet the requirement mentioned above in line with Article 42 paragraph 2 of CEFTA.
The government of the Republic of Kosovo has never accepted any official request from Serbia addressing the Republic of Kosovo or its institutions, and as a result of Serbia's lack of demand to its institutions, Article 42 paragraph 2 of the CEFTA agreement cannot be implemented.
Based on the above-mentioned facts and taking advantage of media reports today that Serbia's prime minister warns Kosovo's sending to the Arbitrazh Court for the deployment of a 100% measure, the MTI's official stance is that the move cannot be done on Serbia's part, as Article 42 paragraph 2 of the CEFTA agreement has not been met.
At the same time with such an act, where Serbia would try to send Kosovo to the Arbitrazhi Court would imply that in a way Serbia would recognise the Republic of Kosovo.
The government of the Republic of Kosovo, respectively, does not consider the Ministry of Trade and Industry problematic to have bilateral consultations, on an equal level as two CEFTA member states, if the demand should be made properly by Serbia.












