The General Affairs Council, meeting in Luxembourg on 25 October, agreed to refer Serbia's application for membership of the EU to the Commission for an opinion. In its conclusions, Council put forward a set of conditions regarding the need for cooperation with the International Criminal Tribunal for the former Yugoslavia as well as the arrest of war criminals Ratko Mladic and Goran Hadzic.

The General Affairs Council recalled that Serbia’s full cooperation with International Criminal Tribunal for the former Yugoslavia (ICTY) is already required by the Stabilisation and Association Agreement, as well as by the Interim Agreement. In line with the political criteria of Copenhagen full cooperation with ICTY is an essential condition for membership of the EU.

In the context of Serbia’s application for membership of the European Union on 22 December 2009, the Council underlines that at each stage of Serbia’s path towards EU accession, further steps will be taken when the Council unanimously decides that full co-operation with the ICTY exists or continues to exist.

The Council made express mention calling for Serbia’s assistance in the key matter of the arrest of the two remaining fugitives, Ratko Mladic and Goran Hadzic. These arrest would be the most convincing proof of Serbia's efforts and cooperation with the ICTY.

Enlargement and regional cooperation

Highlighting that each country's progress towards the European Union depends on its individual efforts to comply with the Copenhagen criteria and the conditionality of the Stabilisation and Association Process, the Council reaffirmed that the future of the Western Balkans lies in the European Union.

The Council reiterated that a constructive approach towards regional cooperation is essential and called for progress in the process of dialogue between Belgrade and Pristina. It also welcomed in the United Nations General Assembly resolution of 9 September 2010 as a factor for peace, security and stability in the region.