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Europe Daily Bulletin No. 8171
THE DAY IN POLITICS / (eu) eu/balkans

A Signing of institutional agreement between Serbia and Montenegro - Three-year moratorium on referendum on independence - Kostunica and Djukanovic at Barcelona Summit

Brussels, 14/03/2002 (Agence Europe) - The European Union greatly welcomed the signing of an institutional agreement on Thursday between Serbia and Montenegro that it managed to impose despite desires for independence on part of the Montenegrin. Yugoslav President Vojislav Kostunica, and the Presidents of Serbia and Montenegro, Zoran Djindic and Milo Djukanovic, signed this agreement on Thursday by which they undertake to remain in the framework of the same State henceforth called "Serbia and Montenegro", "Union" of two "Member states", Serbia and Montenegro. Vojislav Kostunica and Milo Djukanovitc will meet the Heads of State and Government of the Fifteen at the Barcelona Summit Friday midday and take part in the lunch organised with the countries candidates for membership of the European Union.

"It's an excellent sign of hope for the Balkans as a whole and a great success for us", declared the European Union's Representative for external relations, Javier Solana, arriving in Barcelona late afternoon. He was coming from Belgrade, where he took part in the last discussions before attending the signing of the agreement. The EU has always pleaded in favour of altered relations in the framework of Yugoslavia, fearing that the independence of this small territory should again open border discussions, for Bosnian Serbs and Kosovar Albanians and Macedonia. The European Commission also welcomed this "historic achievement". "It's good news for Europe and for the future of the Balkans on the path towards the European Union", declared the spokesperson for Commissioner Patten, praising Javier Solana's "tenacity". The European Commission "is prepared to help the parties implement this agreement, in the framework of the Stabilisation and Association Process". Questioned Thursday afternoon on the status of Kosovo, Javier Solana replied that this territory "will continue to be administered by United Nations Resolution 1244".

The agreement is a first step, it will still need ratifying and completing, stressed a European diplomat. This text "on the principles of the restructuring of relations between Serbia and Montenegro" will be "submitted for debate" in the parliaments of the two republics and that of the Yugoslav Federation. These three parliaments will appoint members of a commission responsible for drawing up a draft Constitution by June. The draft would then be submitted for approval first by the parliaments of Serbia and Montenegro before being presented to the Yugoslav parliament. The two sides undertake not to place their relationship back into question for a period of three years. After that period of moratorium, each will be able to decide to leave the Union. The new State will not be able to inherit the "international or legal statute of the name" of the Union it may just have left.

The agreement signed on Thursday sets guidelines for the institutions of the future State. Its president will be elected by parliament. The latter, with a single chamber, will allow for a "certain amount of positive discrimination in favour of Montenegrin representatives" (there are around 10 million Serbs to 615,000 Montenegrins) and contain provisions "preventing one of the Member states being placed in a minority" in Parliament. Elections will be organised after the promulgation of the Constitutional Charter. The powers of the State of the Union will be "foreign affairs, defence, international economic relations, internal economic relations and the protection of human and minority rights". The Council of Ministers will be composed of five ministers, with the possibility of a rotating presidency between the minister and his or her deputy from the other State for foreign and defence affairs (the same rotation will be introduced for representation in international organisations). The Constitutional and Administrative Court will be set up, with an equal number of judges for each Member State. The army will be under the command of a Supreme Defence Council composed of three members, for which the text of the agreement does not state by whom they will be appointed. The conscripted soldiers should serve their army in their Member State, unless they request to serve in the other State. "Certain federal institutions could sit" in the capital of Montenegro.

Montenegro will be able to continue using the euro, whereas Serbia will retain the Yugoslav dinar, explain European diplomats. The country as a whole "will evolve towards a common economic area using the euro" Javier Solana believes. Thus, the agreement does not mention this fairly sensitive issue, but devotes a paragraph to economic relations. And, moreover, it is in this part that there is question of the European Union. Economic reforms will be the subject of common legislation, taking account of the …/..

actions taken by everyone, and harmonisation with the economic systems of European Union Member States allowing existing differences to be overcome, first of all for trade and customs policy. Both Member States will be responsible for the management "of a barrier-free common market, with free movement of persons, goods, services and capital". The agreement notes that the European Union will help them achieve these aims and will ensure regular monitoring of the process. If one of the Member States considers that the other does not meet its obligations in this field, then it may refer the matter to the European Union for "adoption of appropriate measures".

The President and Secretary General of the Parliamentary Assembly of the Council of Europe, Peter Schieder and Walter Schwimmer, welcomed this new "factor for returning to stability in the Balkans". The agreement, they said, will certainly "help to speed up accession by the Federal Republic of Yugoslavia to our organisation".

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THE DAY IN POLITICS
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