ON THE PROVISION OF POSTAL AND TELECOMMUNICATIONS SERVICES IN KOSOVO

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation 1999/1 of 25 July 1999 on the Authority of the Interim Administration in Kosovo,

For the purpose of providing postal and telecommunications services in Kosovo,

Hereby promulgates the following:

Section 1

POST AND TELECOMMUNICATIONS ENTERPRISE

1.1 On an interim basis and for the duration of UNMIK’s mandate and subject to other arrangements made or to be made by the Special Representative of the Secretary-General, the Post and Telecommunications Enterprise in the territory of Kosovo (PTK), as a juridical entity, is hereby given the necessary authority for providing postal and telecommunications services. PTK may, with the approval of the Special Representative of the Secretary-General, establish subsidiary juridical entities to provide specific services.

1.2 For the purpose of providing postal and telecommunications services pursuant to the present regulation, PTK shall have authority to use available public postal and telecommunications assets in Kosovo, including any future expansion thereof.

1.3 PTK shall administer and be responsible for all assets, facilities and staff used and employed by it. PTK shall be responsible for all liabilities incurred in connection with its operation.

Section 2

MANAGEMENT AND EMPLOYMENT POLICIES AND PRACTICES

2.1 PTK shall apply rational management and employment policies with the sole aim of the good order and administration of PTK to ensure that its responsibilities under the present regulation are met.

2.2 PTK’s employment policies shall include a professional assessment of the numbers and types of staff positions needed in each of its offices and of the qualifications required for these positions.

2.3 PTK shall be permitted to engage, on contract, services of personnel previously employed in postal and telecommunications services in Kosovo as well as other personnel. PTK shall apply non-discriminatory personnel policies, which shall ensure that the composition of PTK’s personnel reflects the multi-ethnic character of communities in Kosovo.

2.4 PTK shall maintain sound and transparent financial records of all PTK transactions which shall be subject to periodic audit by an auditor appointed by UNMIK.

Section 3

OPERATIONS

3.1 In the performance of the responsibilities entrusted to it under the present regulation, PTK shall observe the provisions of all applicable UNMIK regulations and administrative directions.

3.2 The Special Representative of the Secretary-General shall establish a Joint Civil Commission on Postal and Telecommunications Services, under the authority of UNMIK, which shall supervise the activities of PTK and provide policy guidelines to PTK.

3.3 PTK shall not take any action with respect to international postal and telecommunications services without the specific written consent of the Special Representative of the Secretary-General.

Section 4

IMPLEMENTATION

The Special Representative of the Secretary-General may issue administrative directions and orders in relation to the implementation of the present regulation.

Section 5

APPLICABLE LAW

The present regulation shall supersede any provision in the applicable laws relating to the provision of postal and telecommunications services in Kosovo which is inconsistent with it.

Section 6

ENTRY INTO FORCE

The present regulation shall enter into force on 14 October 1999.

Bernard Kouchner

Special Representative of the Secretary-General