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EXCERPTS FROM AGREEMENT ON E.U. ADMINISTRATION OF MOSTAR

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." 061830 MET jul 94

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