Memorandum of Understanding on the Extension of Monitoring Activities of the Monitor Mission to Yugoslavia

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Memorandum of Understanding on the Extension of Monitoring Activities of the Monitor Mission to Yugoslavia
Date: 1 Sep 1991
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Croatia negotiation process
Parties: The European Community and its member States: Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United Kingdom and the Commission; The Federal Presidency of the SFRY, also acting in its capacity of Collective Supreme Commander of the Armed Forces, and the Federal Executive Council and the Republics of Bosnia and Herzegovina, Montenegro, Croatia, Macedonia, Slovenia and Serbia
Third parties: -
Description: This memorandum implements previous agreements, especially the Memorandum of Understanding on the Monitor Mission to Yugoslavia, signed at Belgrade on July 13, 1991, with technical modalities for extending monitoring activities of the Monitor Mission to Yugoslavia.

Agreement document: HR_910901_Memorandum of Understanding.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 2, Article I (mandate), 2.
In order to ensure a comprehensive and effective control of the cease-fire, Parties also agreed that monitoring activities will be conducted by the JNA and the Croat Authorities and representatives of the Serbian population in Croatia, involved in the hostilities. At the discretion of the Head of the Monitor Mission, personnel belonging to the Monitor Mission may participate in the aforementioned monitoring activities by the Yugoslav parties concerned.

Page 3, Article IV (status), 3.
The Monitor Mission will operate only in areas where the effectiveness of the cease-fire has been verified in monitoring activities of the JNA, Croat Authorities and representatives of the Serbian population, and notified to the Monitor Mission, and after the Head of the Monitor Mission has received from all the Host Parties guarantees, which he regards as satisfactory, of the security of the personnel of the Monitor Mission.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media logistics
Page 5, Article IX (communications), 1.
The personnel of the Monitor Mission will have access to appropriate telecommunications equipment of the Host Parties for the purpose of its activities, including for communicating with Diplomatic and Consular Representatives of the Monitoring Parties.

Page 5, Article IX (communications), 2.
Personnel of the Monitor Mission will enjoy the right to unrestricted communication by its own radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile or any other means. The Host Parties will provide within 24 hours after signature of the Memorandum of Understanding the frequencies on which radios can operate.
Mobility/access: Page 3, Article IV (status), 2.
For the purpose of conducting its activities, the Monitor Mission and its personnel will enjoy, together with its vehicles, vessels, aircraft and equipment, unrestricted freedom of movement in the mission area.

Page 4, Article VIII (travel and transport), 2.
The Monitor Mission may use roads, bridges, canals and other waters, port facilities and airfields without payment of dues, tolls and charges, including wharfage charges.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
Page 4, Article VIII (travel and transport), 2.
The Monitor Mission may use roads, bridges, canals and other waters, port facilities and airfields without payment of dues, tolls and charges, including wharfage charges.

Page 5, Article X (privileges and immunities), 5.
The Host Parties recognize the right of the Monitoring Parties to import, free of duty or other restrictions, any equipment, provisions, supplies and other goods which are for the exclusive and official use of the Monitor Mission, as well as to re-export or otherwise dispose of such equipment, in so far as it is still usable, all unconsumed provisions, supplies and other goods so imported.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 3, Article IV (status), 1.
The Host Parties will be responsible for the full protection, safety and security of the Monitor Mission and its members. The Host Parties undertake to guarantee the security of personnel from the Monitor Mission in particular by issuing specific orders that no unit or individual should fire on or near monitors. Other specific provisions which are envisaged, will be submitted to the Head of the Monitor Mission for advice.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, Article I (mandate), 1.
The activities of the multinational Monitor Mission established on the basis of the Memorandum of Understanding of July 13, 1991, will be extended to include the monitoring of the cease-fire agreed upon on September 1, 1991, at Belgrade, once it has become effective. The aim of this extension of activities will be to help stabilize this cease-fire and, to that end, the Monitor Mission will conduct ad hoc evaluations of, and investigate alleged violations, of the following elements of the ceasefire, which have to be effectively instituted, as agreed between the Signing Parties to the Agreement on Cease-fire of Belgrade, September 1, 1991:...• a halt to the use of force;
• all armed formations and all persons carrying weapons shall immediately and unconditionally refrain from opening fire and desist from all activities which might provoke armed conflicts;
• any parties in conflict shall immediately end all further movements, except those aimed at withdrawal from immediate contact and shall withdraw from actual or previous areas where hostilities have taken or are taking place;
• hostile forces in direct contact shall separate and withdraw to locations at least out of range of small arms;
• mortars and other weapons shall be withdrawn out of range of previously hostile forces;
• all paramilitary forces (other than police forces) and other irregular units shall disarm and disband;
• the Croat National Guard reserve forces shall be mobilized, the JNA should return to barracks, both without prejudicing the conduct of the monitoring activities mentioned below.
Police: Page 2, Article I (mandate), 1.
...The aim of this extension of activities will be to help stabilize this cease-fire and, to that end, the Monitor Mission will conduct ad hoc evaluations of, and investigate alleged violations, of the following elements of the ceasefire, which have to be effectively instituted, as agreed between the Signing Parties to the Agreement on Cease-fire of Belgrade, September 1, 1991:... • all paramilitary forces (other than police forces) and other irregular units shall disarm and disband;
Armed forces: Page 2, Article I (mandate), 1.
...The aim of this extension of activities will be to help stabilize this cease-fire and, to that end, the Monitor Mission will conduct ad hoc evaluations of, and investigate alleged violations, of the following elements of the ceasefire, which have to be effectively instituted, as agreed between the Signing Parties to the Agreement on Cease-fire of Belgrade, September 1, 1991:... • the Croat National Guard reserve forces shall be mobilized, the JNA should return to barracks, both without prejudicing the conduct of the monitoring activities mentioned below.
DDR: Security sector→DDR→Demilitarisation provisions
Page 2, Article I (mandate), 1.
...The aim of this extension of activities will be to help stabilize this cease-fire and, to that end, the Monitor Mission will conduct ad hoc evaluations of, and investigate alleged violations, of the following elements of the ceasefire, which have to be effectively instituted, as agreed between the Signing Parties to the Agreement on Cease-fire of Belgrade, September 1, 1991:... • all paramilitary forces (other than police forces) and other irregular units shall disarm and disband;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, Article I (mandate), 1.
...The aim of this extension of activities will be to help stabilize this cease-fire and, to that end, the Monitor Mission will conduct ad hoc evaluations of, and investigate alleged violations, of the following elements of the ceasefire, which have to be effectively instituted, as agreed between the Signing Parties to the Agreement on Cease-fire of Belgrade, September 1, 1991:... • all paramilitary forces (other than police forces) and other irregular units shall disarm and disband; • the Croat National Guard reserve forces shall be mobilized, the JNA should return to barracks, both without prejudicing the conduct of the monitoring activities mentioned below.

Page 2, Article I (mandate), 2.
In order to ensure a comprehensive and effective control of the cease-fire, Parties also agreed that monitoring activities will be conducted by the JNA and the Croat Authorities and representatives of the Serbian population in Croatia, involved in the hostilities. At the discretion of the Head of the Monitor Mission, personnel belonging to the Monitor Mission may participate in the aforementioned monitoring activities by the Yugoslav parties concerned.

Page 3, Article IV (status), 3.
The Monitor Mission will operate only in areas where the effectiveness of the cease-fire has been verified in monitoring activities of the JNA, Croat Authorities and representatives of the Serbian population, and notified to the Monitor Mission, and after the Head of the Monitor Mission has received from all the Host Parties guarantees, which he regards as satisfactory, of the security of the personnel of the Monitor Mission.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, Untitled preamble
Taking into account:
• the decision of the Committee of Senior Officials of the Conference on Security and Cooperation in Europe to welcome the readiness of the European Community and its Member States, building on their initiatives, to organize a mission to help stabilize a cease-fire, as well as to note the strong interest of the States participating in the Conference on Security and Cooperation in Europe to make a concrete contribution to resolution of the present Yugoslav crisis,
• the invitation by the Yugoslav authorities to the European Community and its member States to organize such a mission,...

Page 2, Article I (mandate), 1.
The activities of the multinational Monitor Mission established on the basis of the Memorandum of Understanding of July 13, 1991, will be extended to include the monitoring of the cease-fire agreed upon on September 1, 1991, at Belgrade, once it has become effective. The aim of this extension of activities will be to help stabilize this cease-fire and, to that end, the Monitor Mission will conduct ad hoc evaluations of, and investigate alleged violations, of the following elements of the ceasefire, which have to be effectively instituted, as agreed between the Signing Parties to the Agreement on Cease-fire of Belgrade, September 1, 1991:...

Page 2, Article I (mandate), 2.
In order to ensure a comprehensive and effective control of the cease-fire, Parties also agreed that monitoring activities will be conducted by the JNA and the Croat Authorities and representatives of the Serbian population in Croatia, involved in the hostilities. At the discretion of the Head of the Monitor Mission, personnel belonging to the Monitor Mission may participate in the aforementioned monitoring activities by the Yugoslav parties concerned.

Page 2, Article I (mandate), 3.
The role of the Monitor Mission will be to monitor and report on the implementation of the elements of the cease-fire, outlined in Article I, but the Mission will not take part in enforcing the implementation of these elements.

Page 2, Article I (mandate), 4.
To this end, the Host Parties will provide the Sending Parties with all information and extend full cooperation as necessary for the accomplishment of the Mission's objectives. To this end, each Host Party will appoint a liaison officer.

Page 2, Article II (duration), 1.
The Monitor Mission will commence its activities described in Article I as soon as possible after signature of this Memorandum of Understanding by all Participating Parties, once the cease-fire has become effective.

Page 2, Article II (duration), 2.
The Monitor Mission will end its activities on October 13, 1991, three months after signature of the Memorandum of Understanding of July 13, 1991. The Participating Parties may decide to prolong the mandate of the Monitor Mission.

Page 3, Article III (coordinating arrangements), 1.
The activities of the Monitor Mission will be coordinated from the Coordination Centre which has been established in Zagreb. The Monitor Mission may establish (a) Regional Monitor Centre(s) as necessary.

Page 3, Article IV (status), 1.
The Host Parties will be responsible for the full protection, safety and security of the Monitor Mission and its members. The Host Parties undertake to guarantee the security of personnel from the Monitor Mission in particular by issuing specific orders that no unit or individual should fire on or near monitors. Other specific provisions which are envisaged, will be submitted to the Head of the Monitor Mission for advice.

Page 3, Article IV (status), 2.
For the purpose of conducting its activities, the Monitor Mission and its personnel will enjoy, together with its vehicles, vessels, aircraft and equipment, unrestricted freedom of movement in the mission area.

Page 3, Article IV (status), 3.
The Monitor Mission will operate only in areas where the effectiveness of the cease-fire has been verified in monitoring activities of the JNA, Croat Authorities and representatives of the Serbian population, and notified to the Monitor Mission, and after the Head of the Monitor Mission has received from all the Host Parties guarantees, which he regards as satisfactory, of the security of the personnel of the Monitor Mission.

Page 3, Article IV (status), 4.
When conducting its activities, personnel of the Monitor Mission will at their request be accompanied by escort officers and an interpreter (unless an escort officer is himself capable of acting as interpreter), designated by at least one of the Host Parties, having regard to its area of operation. The escort officers/interpreters will assist the personnel of the Monitor Mission in carrying out their functions.

Page 3, Article IV (status), 5.
The Monitor Mission will display the flag of the European Community on its Coordination Centre, its Regional Monitor Centre(s) and other premises, vehicles, vessels and otherwise as decided by the Head of the Monitor Mission.

Page 3, Article IV (status), 6.
Vehicles, vessels and aircraft of the Monitor Mission will carry a distinctive Monitor Mission identification, which will be notified to the relevant authorities.

Page 3, Article V (composition), 1.
The Monitor Mission under thus Memorandum of Understanding will be composed of personnel appointed by the Sending Parties and Canada, Poland, Sweden and the Czech and Slovak Federal Republic together hereinafter called Monitoring Parties. Other States participating in the Conference on Security and Cooperation in Europe, may also appoint personnel to the Monitor Mission after approval of the Participating Parties, after which they will be called Monitoring Parties.

Page 3, Article V (composition), 2.
Personnel belonging to the Monitor Mission will be called observers.

Page 3, Article V (composition), 3.
Monitors will be appointed by the Governments of the Monitoring Parties.

Page 4, Article V (composition), 4.
For the purpose of this Memorandum of Understanding, the number of monitors mentioned in the Memorandum of Understanding of July 13, 1991, will be augmented from 50 to approximately 200. The number of personnel required can be changed as agreed between the Participating Parties.

Page 4, Article V (composition), 5.
Monitors will refrain from any action or activity incompatible with the impartial nature of their duties.

Page 4, Article V (composition), 6.
The Monitor Mission may avail itself of the assistance of administrative and technical staff from the Monitoring Parties as it requires. The members of the Mission's administrative and technical staff will enjoy a similar status to that of administrative and technical staff from Monitoring Parties employed in Embassies.

Page 4, Article V (composition), 7.
The Monitoring Mission may recruit locally such auxiliary personnel as it requires. Upon the request of the Head of the Monitor Mission, the Host Parties, as appropriate, will facilitate the recruitment of qualified local staff by the Monitor Mission and to accelerate the process of such recruitment. The Mission's auxiliary personnel will enjoy a status similar to that of locally engaged staff in Embassies.

Page 4, Article VI (arms and dress)
1. Monitors will not carry arms.
2. Monitors will wear civilian dress.

Page 4, Article VII (chain and responsibilities), 1.
The Monitor Mission will operate under the responsibility of the Head of the Monitor Mission, who will be a national of the Member State of the European Community holding of the EC Council Presidency, hereinafter called the EC Council Presidency.

Page 4, Article VII (chain and responsibilities), 2.
The Head of the Monitor Mission will report regularly, through the EC Council Presidency, to all Host Parties and Monitor Parties, on the activities and findings of the Monitor Mission.

Page 4, Article VII (chain and responsibilities), 3.
The EC Council Presidency will inform the Committee of Senior Official of the Conference on Security and Cooperation in Europe at the earliest opportunity on the activities of the Monitor Mission.

Page 4, Article VIII (travel and transport), 1.
Vehicles, vessels and aircraft of the Monitor Mission will not be subjected to licensing in the mission area, provided that all such vehicles shall carry third party insurance.

Page 4, Article VIII (travel and transport), 2.
The Monitor Mission may use roads, bridges, canals and other waters, port facilities and airfields without payment of dues, tolls and charges, including wharfage charges.

Page 4, Article VIII (travel and transport), 3.
Upon request, the Monitor Mission will be provided by the Host Parties with such vehicles as may be required to perform its tasks in case the Monitor Mission is unable to operate its own vehicles. The Host Parties will facilitate the Monitor Mission operating its own vehicles, vessels and aircraft.

Page 5, Article IX (communications), 1.
The personnel of the Monitor Mission will have access to appropriate telecommunications equipment of the Host Parties for the purpose of its activities, including for communicating with Diplomatic and Consular Representatives of the Monitoring Parties.

Page 5, Article IX (communications), 2.
Personnel of the Monitor Mission will enjoy the right to unrestricted communication by its own radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile or any other means. The Host Parties will provide within 24 hours after signature of the Memorandum of Understanding the frequencies on which radios can operate.

Page 5, Article X (privileges and immunities), 1.
Monitors will be granted during their mission all privileges and immunities of Diplomatic Agents, in accordance with the Vienna Convention on Diplomatic Relations.

Page 5, Article X (privileges and immunities), 2.
The coordination Centre, the Regional Monitor Centre(s) and other facilities, and vehicles, vessels and aircrafts of the Monitor Mission will be inviolable.

Page 5, Article X (privileges and immunities), 3.
The privileges and immunities provided for in this Article will be granted to monitors.
a. during their mission, and
b. thereafter, with respect to acts previously performed during their mission.

Page 5, Article X (privileges and immunities), 4.
The Host Parties undertake to facilitate the entry into and departure from the mission area of the Head of the Monitor Mission and members of the Mission's personnel. The EC Council Presidency will provide the Host Parties with a list of members of the Mission and inform the Host Parties about the arrival and departure of personnel belonging to the Monitor Mission. Personnel belonging to observer mission will carry their national identification cards (passports) as well as a document which proves that they are personnel of the Monitor Mission.

Page 5, Article X (privileges and immunities), 5.
The Host Parties recognize the right of the Monitoring Parties to import, free of duty or other restrictions, any equipment, provisions, supplies and other goods which are for the exclusive and official use of the Monitor Mission, as well as to re-export or otherwise dispose of such equipment, in so far as it is still usable, all unconsumed provisions, supplies and other goods so imported.

Page 5, Article XI, 1.
The Host Parties agree to make available food and lodging to the personnel of the Monitor Mission, as well as office space, free of charge. The Participating Parties will decide on other provisions concerning privileges and immunities as well as on practical arrangements, travel and mission subsistence allowances.

Page 5, Article XI, 2.
The Host Parties will fully compensate Monitoring Parties in respect of any damage, loss or injury suffered by any monitor connection with the Mission, and will indemnify the Monitoring Parties in respect of any claims arising from or in any way connected with the activities of the Monitor Mission or its personnel.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Snezana Trifunovska (ed.) Yugoslavia through Documents - From its Creation to its Dissolution (The Hague: Martinus Nijhoff Publishers 1994) pp.336-342

MEMORANDUM OF UNDERSTANDING ON THE EXTENSION OF

MONITORING ACTIVITIES OF THE MONITOR MISSION TO YUGOSLAVIA

Belgrade, 1 September 1991

Taking into account:

the decision of the Committee of Senior Officials of the Conference on Security and Cooperation in Europe to welcome the readiness of the European Community and its Member States, building on their initiatives, to organize a mission to help stabilize a cease-fire, as well as to note the strong interest of the States participating in the Conference on Security and Cooperation in Europe to make a concrete contribution to resolution of the present Yugoslav crisis,

the invitation by the Yugoslav authorities to the European Community and its member States to organize such a mission,

the agreements reached at Brioni on July 7, 1991 and

In conformity with the Memorandum of Understanding on the Monitor Mission to Yugoslavia, signed at Belgrade on July 13, 1991, by Representatives of the European Community and its Member States, the Federal Authorities of Yugoslavia, the Republic of Croatia and the Republic of Slovenia, which remains in force according to its provisions,

the Agreement on Cease-fire Belgrade, September 1, 1991

The European Community and its member States:

Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United Kingdom and the Commission,

Hereinafter called the Sending Parties, on the one hand and

The Federal Presidency of the SFRY, also acting in its capacity of Collective Supreme Commander of the Armed Forces, and

The Federal Executive Council and the Republics of Bosnia and Herzegovina, Montenegro, Croatia,

Macedonia, Slovenia and Serbia,

Hereinafter called the Host Parties, on the other hand,

Together hereinafter called the Participating Parties,

Recognizing the devastating consequences of hostilities in Yugoslavia have for all inhabitants,

Aware of the serious impact hostilities in Yugoslavia could have on peace and security in Europe,

Determined to seek peaceful means of resolving the situation which currently separates the peoples of Yugoslavia,

Anxious to promote conditions to discourage new outbreaks of violence and bloodshed and

Resolved to work together to contribute to the maintenance of peace and security and to open the way to negotiations on the future of Yugoslavia,

Reached the following understandings:

Article I (mandate)

1. The activities of the multinational Monitor Mission established on the basis of the Memorandum of Understanding of July 13, 1991, will be extended to include the monitoring of the cease-fire agreed upon on September 1, 1991, at Belgrade, once it has become effective.

The aim of this extension of activities will be to help stabilize this cease-fire and, to that end, the Monitor Mission will conduct ad hoc evaluations of, and investigate alleged violations, of the following elements of the ceasefire, which have to be effectively instituted, as agreed between the Signing Parties to the Agreement on Cease-fire of Belgrade, September 1, 1991:

a halt to the use of force;

all armed formations and all persons carrying weapons shall immediately and unconditionally refrain from opening fire and desist from all activities which might provoke armed conflicts;

any parties in conflict shall immediately end all further movements, except those aimed at withdrawal from immediate contact and shall withdraw from actual or previous areas where hostilities have taken or are taking place;

hostile forces in direct contact shall separate and withdraw to locations at least out of range of small arms;

mortars and other weapons shall be withdrawn out of range of previously hostile forces;

all paramilitary forces (other than police forces) and other irregular units shall disarm and disband;

the Croat National Guard reserve forces shall be mobilized, the JNA should return to barracks, both without prejudicing the conduct of the monitoring activities mentioned below.

2. In order to ensure a comprehensive and effective control of the cease-fire, Parties also agreed that monitoring activities will be conducted by the JNA and the Croat Authorities and representatives of the Serbian population in Croatia, involved in the hostilities.

At the discretion of the Head of the Monitor Mission, personnel belonging to the Monitor Mission may participate in the aforementioned monitoring activities by the Yugoslav parties concerned.

3. The role of the Monitor Mission will be to monitor and report on the implementation of the elements of the cease-fire, outlined in Article I, but the Mission will not take part in enforcing the implementation of these elements.

4. To this end, the Host Parties will provide the Sending Parties with all information and extend full cooperation as necessary for the accomplishment of the Mission's objectives.

To this end, each Host Party will appoint a liaison officer.

Article II (duration)

1. The Monitor Mission will commence its activities described in Article I as soon as possible after signature of this Memorandum of Understanding by all Participating Parties, once the cease-fire has become effective.

2. The Monitor Mission will end its activities on October 13, 1991, three months after signature of the Memorandum of Understanding of July 13, 1991.

The Participating Parties may decide to prolong the mandate of the Monitor Mission.

Article III (coordinating arrangements)

1. The activities of the Monitor Mission will be coordinated from the Coordination Centre which has been established in Zagreb.

The Monitor Mission may establish (a) Regional Monitor Centre(s) as necessary.

Article IV (status)

1. The Host Parties will be responsible for the full protection, safety and security of the Monitor Mission and its members.

The Host Parties undertake to guarantee the security of personnel from the Monitor Mission in particular by issuing specific orders that no unit or individual should fire on or near monitors.

Other specific provisions which are envisaged, will be submitted to the Head of the Monitor Mission for advice.

2. For the purpose of conducting its activities, the Monitor Mission and its personnel will enjoy, together with its vehicles, vessels, aircraft and equipment, unrestricted freedom of movement in the mission area.

3. The Monitor Mission will operate only in areas where the effectiveness of the cease-fire has been verified in monitoring activities of the JNA, Croat Authorities and representatives of the Serbian population, and notified to the Monitor Mission, and after the Head of the Monitor Mission has received from all the Host Parties guarantees, which he regards as satisfactory, of the security of the personnel of the Monitor Mission.

4. When conducting its activities, personnel of the Monitor Mission will at their request be accompanied by escort officers and an interpreter (unless an escort officer is himself capable of acting as interpreter), designated by at least one of the Host Parties, having regard to its area of operation.

The escort officers/interpreters will assist the personnel of the Monitor Mission in carrying out their functions.

5. The Monitor Mission will display the flag of the European Community on its Coordination Centre, its Regional Monitor Centre(s) and other premises, vehicles, vessels and otherwise as decided by the Head of the Monitor Mission.

6. Vehicles, vessels and aircraft of the Monitor Mission will carry a distinctive Monitor Mission identification, which will be notified to the relevant authorities.

Article V (composition)

1. The Monitor Mission under thus Memorandum of Understanding will be composed of personnel appointed by the Sending Parties and Canada, Poland, Sweden and the Czech and Slovak Federal Republic together hereinafter called Monitoring Parties.

Other States participating in the Conference on Security and Cooperation in Europe, may also appoint personnel to the Monitor Mission after approval of the Participating Parties, after which they will be called Monitoring Parties.

2. Personnel belonging to the Monitor Mission will be called observers.

3. Monitors will be appointed by the Governments of the Monitoring Parties.

4. For the purpose of this Memorandum of Understanding, the number of monitors mentioned in the Memorandum of Understanding of July 13, 1991, will be augmented from 50 to approximately 200.

The number of personnel required can be changed as agreed between the Participating Parties.

5. Monitors will refrain from any action or activity incompatible with the impartial nature of their duties.

6. The Monitor Mission may avail itself of the assistance of administrative and technical staff from the Monitoring Parties as it requires.

The members of the Mission's administrative and technical staff will enjoy a similar status to that of administrative and technical staff from Monitoring Parties employed in Embassies.

7. The Monitoring Mission may recruit locally such auxiliary personnel as it requires.

Upon the request of the Head of the Monitor Mission, the Host Parties, as appropriate, will facilitate the recruitment of qualified local staff by the Monitor Mission and to accelerate the process of such recruitment.

The Mission's auxiliary personnel will enjoy a status similar to that of locally engaged staff in Embassies.

Article VI (arms and dress)

1. Monitors will not carry arms.

2. Monitors will wear civilian dress.

Article VII (chain and responsibilities)

1. The Monitor Mission will operate under the responsibility of the Head of the Monitor Mission, who will be a national of the Member State of the European Community holding of the EC Council Presidency, hereinafter called the EC Council Presidency.

2. The Head of the Monitor Mission will report regularly, through the EC Council Presidency, to all Host Parties and Monitor Parties, on the activities and findings of the Monitor Mission.

3. The EC Council Presidency will inform the Committee of Senior Official of the Conference on Security and Cooperation in Europe at the earliest opportunity on the activities of the Monitor Mission.

Article VIII (travel and transport)

1. Vehicles, vessels and aircraft of the Monitor Mission will not be subjected to licensing in the mission area, provided that all such vehicles shall carry third party insurance.

2. The Monitor Mission may use roads, bridges, canals and other waters, port facilities and airfields without payment of dues, tolls and charges, including wharfage charges.

3. Upon request, the Monitor Mission will be provided by the Host Parties with such vehicles as may be required to perform its tasks in case the Monitor Mission is unable to operate its own vehicles.

The Host Parties will facilitate the Monitor Mission operating its own vehicles, vessels and aircraft.

Article IX (communications)

1. The personnel of the Monitor Mission will have access to appropriate telecommunications equipment of the Host Parties for the purpose of its activities, including for communicating with Diplomatic and Consular Representatives of the Monitoring Parties.

2. Personnel of the Monitor Mission will enjoy the right to unrestricted communication by its own radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile or any other means.

The Host Parties will provide within 24 hours after signature of the Memorandum of Understanding the frequencies on which radios can operate.

Article X (privileges and immunities)

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

2. The coordination Centre, the Regional Monitor Centre(s) and other facilities, and vehicles, vessels and aircrafts of the Monitor Mission will be inviolable.

3. The privileges and immunities provided for in this Article will be granted to monitors.

a. during their mission, and

b. thereafter, with respect to acts previously performed during their mission.

4. The Host Parties undertake to facilitate the entry into and departure from the mission area of the Head of the Monitor Mission and members of the Mission's personnel.

The EC Council Presidency will provide the Host Parties with a list of members of the Mission and inform the Host Parties about the arrival and departure of personnel belonging to the Monitor Mission.

Personnel belonging to observer mission will carry their national identification cards (passports) as well as a document which proves that they are personnel of the Monitor Mission.

5. The Host Parties recognize the right of the Monitoring Parties to import, free of duty or other restrictions, any equipment, provisions, supplies and other goods which are for the exclusive and official use of the Monitor Mission, as well as to re-export or otherwise dispose of such equipment, in so far as it is still usable, all unconsumed provisions, supplies and other goods so imported.

Article XI

1. The Host Parties agree to make available food and lodging to the personnel of the Monitor Mission, as well as office space, free of charge.

The Participating Parties will decide on other provisions concerning privileges and immunities as well as on practical arrangements, travel and mission subsistence allowances.

2. The Host Parties will fully compensate Monitoring Parties in respect of any damage, loss or injury suffered by any monitor connection with the Mission, and will indemnify the Monitoring Parties in respect of any claims arising from or in any way connected with the activities of the Monitor Mission or its personnel.