22001A0911(01)

Agreement between the European Union and the Former Yugoslav Republic of Macedonia on the activities of the European Union Monitoring Mission (EUMM) in the Former Yugoslav Republic of Macedonia

Official Journal L 241 , 11/09/2001 P. 0002 - 0004

Agreement

between the European Union and the Former Yugoslav Republic of Macedonia on the activities of the European Union Monitoring Mission (EUMM) in the Former Yugoslav Republic of Macedonia

THE EUROPEAN UNION,

on the one hand,

and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

hereinafter called the

"Host Party", on the other hand,

Together hereinafter called the "Participating Parties",

Taking into account

- the offer of the European Community and its Member States to organise a European Community Monitor Mission (ECMM) in the Former Yugoslav Republic of Macedonia and the acceptance on a provisional basis of the Host Party of that offer on 24 March 1998,

- the presence of European Community/European Union monitors in the Former Yugoslav Republic of Macedonia since 1998,

- the adoption by the Council of the European Union on 22 December 2000 of Joint Action 2000/811/CFSP on the European Union Monitoring Mission, transforming ECMM into EUMM, as an instrument of the European Union's Common Foreign and Security Policy (CFSP), building on previous initiatives, to contribute to the effective formulation of European Union policy towards the Western Balkans,

- the conclusion on 9 April 2001 in Luxembourg of a Stabilisation and Association Agreement between the Former Yugoslav Republic of Macedonia and the European Communities and their Member States,

- the recognition of the independence, sovereignty and territorial integrity of the Former Yugoslav Republic of Macedonia and of the strong wish of the European Union to contribute to the further strengthening of peace and stability in the region,

HAVE REACHED THE FOLLOWING UNDERSTANDINGS:

Article I

Mandate

1. The European Union Monitoring Mission, hereinafter referred to as "EUMM", formerly established in the region as the European Community Monitor Mission (ECMM), with its Headquarters at present in Sarajevo, shall establish a Mission Office in Skopje and elsewhere as may be decided by the Head of Mission, in consultation and agreement with the Host Party, in order to contribute to the effective formulation of the European Union's policy towards the Western Balkans.

The EUMM shall in particular:

(a) monitor political and security developments in the area of responsibility;

(b) give particular attention to border monitoring, inter-ethnic issues and refugee return;

(c) provide analytical reports on the basis of tasking received;

(d) contribute to the early warning of the Council and to confidence building, in the context of the policy of stabilisation conducted by the European Union in the region;

(e) regularly inform the Host Party on the activities of EUMM including, if its tasking so foresees, on humanitarian issues.

2. The Host Party shall provide the EUMM with all information and shall extend full cooperation as necessary for the accomplishment of the EUMM's objectives. The Host Party may appoint a liaison officer from the relevant ministries to the EUMM.

Article II

Status

1. The Host Party shall take all necessary measures for the protection, safety and security of the EUMM and its members. Any specific provisions, proposed by the Host Party, shall be agreed with the Head of Mission before implementation.

2. For the purpose of conducting its activities, the EUMM and its personnel shall enjoy, together with its means of transport and equipment, freedom of movement, necessary for carrying out the mandate of the Mission.

3. When conducting its activities, the personnel of the EUMM may be accompanied by an interpreter and, at the request of the EUMM, by an escort officer appointed by the Host Party.

4. The EUMM may display the flag of the European Union on its Mission Office in Skopje, and otherwise as decided by the Head of Mission.

5. Vehicles, and other means of transport of the EUMM shall carry a distinctive Mission identification, which shall be notified to the relevant authorities.

Article III

Composition

1. The Head of Mission of the EUMM has been appointed by the Council of the European Union. Any future Head of Mission shall also be so appointed.

2. Other EUMM personnel shall be seconded by the Member States of the European Union. They shall be assigned to specific appointments by the Head of Mission under the authority of the Secretary General/High Representative. Norway and Slovakia, which participate in EUMM at the time of this Agreement, may also appoint personnel to the EUMM, and thereby be, together with the European Union and its Member States, Sending Parties.

3. Foreign personnel of the EUMM shall be called Monitors.

4. The Governments of the Sending Parties shall appoint Monitors to the EUMM.

5. The Head of Mission shall determine the number of Monitors under this Agreement, in consultation and agreement with the Host Party.

6. Monitors shall not undertake any action or activity incompatible with the impartial nature of their duties and shall respect the laws of the Host Party, without prejudice to the provisions referred to in Article VIII.

7. The EUMM may avail itself of the assistance of administrative and technical staff from the Sending Parties. The members of the EUMM's administrative and technical staff shall enjoy a status equivalent to that enjoyed, in accordance with the Vienna Convention on Diplomatic Relations, by administrative and technical staff from Sending Parties employed in embassies.

8. The EUMM may recruit locally such auxiliary personnel, as it requires. Upon request of the Head of Mission, the Host Party shall facilitate the recruitment of qualified local staff by the EUMM. The EUMM's auxiliary personnel shall enjoy a status equivalent to that enjoyed, in accordance with the Vienna Convention on Diplomatic Relations, by locally employed staff in embassies.

Article IV

Arms and dress

1. Monitors may not carry arms.

2. Monitors shall wear white civilian dress, with distinctive EUMM identification.

Article V

Chain of responsibilities

1. The EUMM in the Former Yugoslav Republic of Macedonia shall operate under the responsibility of the Head of Mission.

2. The Head of Mission shall report regularly through the Secretary General/High Representative to the Council of the European Union on the activities and findings of the EUMM.

3. In the framework of the mandate as referred to in Article I(1), the tasks of the EUMM shall be defined by the Secretary General/High Representative in close cooperation with the Presidency, in accordance with the policy adopted by the Council regarding the Western Balkans.

4. The Head of Mission shall inform the Host Party regularly on the activities of the EUMM.

Article VI

Travel and transport

1. Vehicles and other means of transport of the EUMM shall not be subject to compulsory registration or licensing, and all vehicles shall carry third party insurance.

2. The EUMM may use roads, airfields and other facilities without the payment of dues, tolls or other charges.

3. The Host Party shall facilitate the EUMM in operating its own vehicles and other means of transport.

Article VII

Communications

1. The personnel of the EUMM shall have access, at normal prevailing rates, to appropriate telecommunications equipment of the Host Party for the purpose of its activities, including for communicating with diplomatic and consular representatives of the Sending Parties.

2. The EUMM shall enjoy the right to unrestricted communication by its own radios (including satellite, mobile and hand-held radios), telephones, telegraphs, facsimiles or any other means. The Host Party shall provide, after signature of this Agreement, the frequencies on which radios can operate.

Article VIII

Privileges and immunities

1. The EUMM shall be granted the status of a diplomatic mission.

2. Monitors shall be granted, during their mission, the privileges and immunities of Diplomatic Agents, in accordance with the Vienna Convention on Diplomatic Relations.

3. The Mission Office in Skopje, other Offices, and all means of transport of the EUMM shall be inviolable.

4. The privileges and immunities provided for in this Article shall be granted to Monitors during their mission, and thereafter, with respect to acts previously performed during their mission.

5. The Host Party shall facilitate all movements of the Head of Mission and personnel of the EUMM. The EUMM shall provide the Host Party with a list of members of the EUMM and inform the Host Party in advance of the arrival and departure of personnel belonging to the EUMM. Personnel belonging to the EUMM shall carry their national passport, as well as an EUMM identity card.

6. The Host Party recognises the right of the Sending Parties and of the EUMM to import, free of duty or other restrictions, equipment, provisions, supplies and other goods required for the exclusive and official use of the EUMM. The Host Party also recognises their right to purchase such items on the territory of the Host Party as well as to export or otherwise dispose of such equipment, provisions, supplies and other goods so purchased or imported. The Host Party also recognises the right of the Monitors to purchase and/or import free of duty or other restrictions items required for their own personal use, and to export such items.

Article IX

Accommodation and practical arrangements

The Government of the Former Yugoslav Republic of Macedonia agrees, if requested, to assist the EUMM in finding suitable offices and accommodation. The Participating Parties will decide on other provisions concerning privileges and immunities as well as on practical arrangements, including urgent medical assistance and emergency evacuation, as well as travel documentation requirements.

Article X

Entry into force

This Agreement shall enter into force upon signature. Its provisions shall be applied by the Host Party to the EUMM provisionally from the date of its initialling until it enters into force upon signature. It shall remain in force until such time as one of the Participating Parties notifies the other, two months in advance, that it intends to request an end to the activities mentioned herein.

Done at Skopje, on 31 August 2001, in the English language in four copies.

For the European Union

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For the Former Yugoslav Republic of Macedonia

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