ZAGREB, July 6 (Hina) - Following are excerpts from the official
English version of the 22-article agreement on the European Union
administration of Mostar, signed in Geneva on Tuesday evening.
Article 2 focuses on the aims and principles of the EU
Administration, which are:
"- to allow the parties time to find a lasting solution for the
administration of the Mostar city municipality. The EU
Administration will not prejudice permanent arrangements concerning
the status of Mostar,
- to contribute to a general climate conducive to the elaboration
and stabilization of permanent arrangements by the parties leading
to a single, self-sustaining and multi-ethnic Administration of the
City,
- to contribute to the holding of democratic elections which will
have to take place before the end of the EU Administration,
- to assist in the return to normal life for all citizens of the
Mostar city municipality,
- to assist in restoring public utilities,
- to assist in ensuring the protection of human rights,
- to assist in creating the conditions for the return to their
homes of all displaced citizens of Mostar,
- to assist in organizing and providing humanitarian aid,
- to assist in the preparation and implementation of programmes for
economic reconstruction,
- to assist in ensuring the maintenance of public order,
- to assist in the re-establishment of all public functions in the
city,
- to assist in ensuring national, religious and cultural identity
of all the people in the area under EU administration in keeping
with the Constitution of the Federation of Bosnia and Herzegovina."
Article 4 says in part that "the Mostar city municipality will be
governed by the EU Administration for a maximum of two years from
the day of the official assumption of the duties of the EU
Administrator. The Council of Ministers of the EU reserves the
right to terminate the EU Administration at any time if it
considers that there is a substantial change in the conditions put
for that or if any of the parties does not fulfill its
obligations."
Article 5 says in part that "the area under EU Administration shall
comprise the Municipality of the City of Mostar."
Article 7 says that "the Administrator will have the powers
necessary to fulfill the aims and principles of the EU
Administration mentioned in Article 2 above, and to administer the
Mostar city municipality properly and efficiently, having regard to
the overall principle of subsidiarity and taking due account of the
view and wishes of the local parties and population." Under this
article, the Administrator will apply the Constitution of the
Federation of Bosnia and Herzegovina, take his instructions from
the Council of Ministers of the EU to which he will regularly
report, and cooperate closely with the Governments of Bosnia and
Herzegovina and of the Federation of Bosnia and Herzegovina, the
United Nations and other international organizations.
Article 8 says that "an Advisory Council will be established,
comprising five Bosniac, five Croat, five representatives of a
group of others, out of which three will be Serb representatives.
The Advisory Council will advise the Administrator on all issues
concerning the administration of the Mostar city municipality,
including proposals for the appointment of Mostar residents as co-
head of department level. The Advisory Council will take its
decisions by consensus which will be duly taken into account by the
Administrator, who takes the final decision. Before the end of the
term of the EU Administration the Advisory Council will be replaced
by a communal Assembly, formed as a result of democratic
elections."
Article 9, dealing with structure of the Administration, says in
part that "the Administrator will be supported by a number of EU
special advisers, including a diplomatic adviser, a military
adviser, and an adviser for refugee affairs, appointed by the
Council of Ministers of the EU.
"The city administration will take advantage of existing
administrative structures, as appropriate. There will be seven
Departments, subject to further examination: City Administration,
Finance and Taxes, Reconstruction, Economic and Transport
Infrastructure, Education and Culture, Public Order, and Health and
Social Services.
"Each Department will be headed jointly by an EU official appointed
by the EU Council of Ministers and one or two Mostar residents as
appropriate, appointed by the Administrator."
Article 10 says in part that "the laws and regulations of the
Federation of Bosnia and Herzegovina will apply in the city of
Mostar in conformity with Part B, chapter IX, art. 10 of the
Constitution of the Federation of Bosnia and Herzegovina."
Article 11 says in part that "courts, set up in the Mostar city
municipality in conformity with the Constitution, will rest fully
independent in performing their adjudicative tasks on the basis of
the applicable law, including regulations issued by the EU
Administrator in accordance with Article 10 above.
Article 12 says that "a single police force, unified at all levels,
will be established under the authority of the EU Administrator.
The composition of the police shall reflect, at all levels, that of
the population in the EU Administration area. It will comprise an
element of international participation, which will be provided by
WEU (Western European Union) as part of the EU Administration.
Further details will be set out in a separate document."
Article 14 says that "the area under the EU administration will be
fully demilitarized under the supervision of UNPROFOR before the
beginning of the EU Administration. There will be no military or
para-military personnel of the Parties in the EU administration
area during the EU administration without the permission of the EU
Administrator."
Article 15, concerned with refugees and displaced persons, says in
part that "all persons, who at the time of the 1991 census had
their principal residence in Mostar, will have the right to return
to the city. The EU administration will take the necessary steps to
develop a programme with a view to creating the conditions for the
return of these persons to their homes. The right to return to
their homes of those who have taken refuge in the city will be
facilitated."
Article 19 says in part that "the EU Administrator and EU members
of the administration will be granted by the Receiving Party during
their mission, mutatis mutandis, the privileges and immunities of
diplomatic agents provided for in the Vienna Convention on
Diplomatic Relations."
Article 22 says that "this Memorandum of Understanding comes into
effect upon its signature by the Contracting Parties."
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