Council Common Position 2003/280/CFSP

of 16 April 2003

in support of the effective implementation of the mandate of the ICTY

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) The United Nations' Security Council (UNSC), acting under Chapter VII of the United Nations' Charter, has determined that widespread and flagrant violations of international humanitarian law in former Yugoslavia constitute a threat to international peace and security, and that the prosecution of persons responsible for such violations by the International Criminal Tribunal for the former Yugoslavia (ICTY) set up by UNSC resolutions 803 and 827 (1993) would contribute to the restoration and maintenance of peace.

(2) The stabilisation of the political situation in the Balkans to which bringing criminals to justice would greatly contribute, has constituted an important aim of the CFSP.

(3) Accordingly, the Council has repeatedly emphasised the fundamental importance of full respect for and cooperation with the ICTY, and bringing to justice those persons indicted by the ICTY.

(4) Persons indicted by the ICTY are still at large, and there is evidence that they are being assisted in their efforts to continue to evade justice.

(5) Such assistance is unacceptable, is an affront to the international order and fundamental standards of justice, and undermines the work of the ICTY, the success of which is essential to a stable and prosperous future for the region of the former Yugoslavia.

(6) The European Union should do all it can to prevent obstructions being placed in the way of the ICTY's effective implementation of its mandate,

HAS ADOPTED THIS COMMON POSITION:

Article 1

1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons listed in the Annex, who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY has indicted them or are otherwise acting in a manner which could obstruct the ICTY's effective implementation of its mandate.

2. Paragraph 1 will not oblige a Member State to refuse its own nationals entry into its territory.

3. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(i) as a host country of an international intergovernmental organisation;

(ii) as a host country to an international conference convened by, or under the auspices of, the United Nations; or

(iii) under a multilateral agreement conferring privileges and immunities.

The Council shall be duly informed in each of these cases.

4. Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

5. Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, where a political dialogue is conducted that directly assists the ICTY in the implementation of its mandate. A Member State wishing to grant exemptions referred to in this paragraph shall notify the Council in writing. The exemption will be deemed to be granted unless one or more of the Council Members raises an objection in writing within 48 hours of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

6. In cases where pursuant to paragraphs 3, 4, and 5 a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 2

The Council, acting upon a proposal by a Member State or the Commission, shall adopt modifications of the list contained in the Annex as required in order to assist the ICTY.

Article 3

In order to maximise the impact of the abovementioned measures, the European Union shall encourage third States to adopt restrictive measures similar to those contained in this Common Position.

Article 4

This Common Position shall take effect on the date of its adoption. It shall apply for a renewable 12-month period after that date.

This Common Position shall be kept under constant review.

Article 5

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 16 April 2003.

For the Council

The President

G. Papandreou

ANNEX

List of persons referred to in Article 1(1)

1. Milovan "Cicko" BJELICA

Date of birth: 19.10.1958

Place of birth: Rogatica, Bosnia-Herzegovina, SFRY

Passport No 0000148 issued 26.7.1998 in Srpsko Sarajevo

National ID No: 1910958130007

2. Momcilo "Momo" MANDIC

Date of birth: 1.5.1954

Place of birth: Kalinovik, Bosnia-Herzegovina, SFRY

Passport No 0121391 issued 12.5.1999 in Srpsko Sarajevo, BiH

National ID No: JMB 0105954171511