Agreement between the European Union and the Federal Republic of Yugoslavia on the activities of the European Union Monitoring Mission (EUMM) in the Federal Republic of Yugoslavia
Date: 2001-04-25
Institutions: European Union, Yugoslavia
Subjects: Yugoslavia, agreement (EU), cooperation policy, fact-finding mission, the EU's international role

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between the European Union and the Federal Republic of Yugoslavia on the activities of the
European Union Monitoring Mission (EUMM) in the Federal Republic of Yugoslavia

AGREEMENT

THE EUROPEAN UNION,

on the one hand

and

THE FEDERAL REPUBLIC OF YUGOSLAVIA,

hereinafter called the

Host Party, on the other hand,

Together hereinafter called the Participating Parties,

Taking into account

— the presence of the European Community Monitor Mission (ECMM) in the western Balkans since 1991,

— the offer of the European Union and its Member States to organise a European Union Monitoring Mission (EUMM) in
the Federal Republic of Yugoslavia and the acceptance by the Government of the Federal Republic of Yugoslavia of
that offer,

— the adoption by the Council of the European Union on the 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 formula-
tion of European Union policy towards the western Balkans,

HAVE REACHED THE FOLLOWING UNDERSTANDINGS:

Article I

Mandate

Article II

Status

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 head-
quarters at present in Sarajevo, shall establish a mission office
in Belgrade and such other offices in the Federal Republic of
Yugoslavia 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 stabili-
sation conducted by the European Union in the region.

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

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 trans-
freedom of movement, necessary for
port and equipment,
carrying out the mandate of the Mission.

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

the personnel of

4.
The EUMM may display the flag of the European Union
on its Mission Office in Belgrade, 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

The Head of Mission of the EUMM shall be appointed by

1.
the Council of the European Union.

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Other EUMM personnel shall be seconded by the Member
2.
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 Agree-
ment, may also appoint personnel to the EUMM, and thereby
be, together with the European Union and its Member States,
Sending Parties.

3.

Personnel of the EUMM shall be called monitors.

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, bridges, canals and other
waters, port facilities and airfields without the payment of dues,
tolls or other charges.

The Governments of the Sending Parties shall appoint

4.
monitors to the EUMM.

The Host Party shall facilitate the EUMM in operating its

3.
own vehicles and other means of transport.

The Head of Mission shall determine the number of
5.
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.

The EUMM may avail itself of the assistance of adminis-
7.
trative 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 adminis-
trative 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
in accordance with the
status equivalent
Vienna Convention on Diplomatic Relations, by locally
employed staff in embassies.

to that enjoyed,

Article IV

Arms and dress

1. Monitors may not carry arms.

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

Article V

Chain of responsibilities

The EUMM in the Federal Republic of Yugoslavia shall

1.
operate under the responsibility of the Head of Mission.

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

3.
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.

The Head of Mission shall inform the Host Party regularly

4.
on the activities of the EUMM.

Article VII

Communications

1.
The personnel of the EUMM shall have access, at the
lowest cost, 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.

The EUMM shall

2.
to unrestricted
enjoy the
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.

right

Article VIII

Privileges and immunities

The EUMM shall be granted the status of a diplomatic

1.
mission.

2. Monitors shall be granted, during their mission, the privi-
leges and immunities of diplomatic agents, in accordance with
the Vienna Convention on Diplomatic Relations.

The Mission Office in Belgrade, other offices, and all

3.
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 there-
after, 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 depar-
ture of personnel belonging to the EUMM. Personnel belonging
to the EUMM shall carry their national passport, as well as an
EUMM identity card.

The Host Party recognises the right of the Sending Parties
6.
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.

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Article IX

Accommodation and practical arrangements

The Government of the Federal Republic of Yugoslavia 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. This Agreement shall replace the
Memorandum of Understanding of 13 July 1991.

Done at Belgrade, on 25 April 2001,

in the English language in four copies.

For the European Union

For the Federal Republic of Yugoslavia