Council Common Position 2003/139/CFSP

of 27 February 2003

concerning restrictive measures against the leadership of the Transnistrian region of the Moldovan Republic

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) The EU reiterates its deep concern on the situation regarding the Transnistrian conflict in Moldova and underlines its commitment to contribute to efforts in an Organisation for Security and Cooperation in Europe (OSCE) framework to reach a peaceful solution to the conflict in full respect of Moldova's territorial integrity.

(2) The EU considers the continued obstructionism of the leadership of the Transnistrian region of the Moldovan Republic and its unwillingness to change the status quo to be unacceptable.

(3) Consequently and in support of the EU's more active involvement in the political process, the Council has decided to implement targeted sanctions in the form of a travel ban aimed solely at those members of the Transnistrian leadership considered to be primarily responsible for the lack of cooperation to promote a political settlement of the conflict. The EU reserves the right to consider additional targeted restrictive measures at a later date.

(4) The EU will review its position in the light of further developments, in particular steps taken by the Transnistrian leadership to make substantial progress in negotiations on the settlement of Transnistria's political status within Moldova.

(5) The implementation of the travel ban should be without prejudice to cases where a Member State is bound by an obligation of international law, or is host country of the OSCE,

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 responsible for the lack of cooperation to promote a political settlement of the conflict.

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 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 EU, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Moldova.

6. A Member State wishing to grant exemptions referred to in paragraph 5 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.

7. In cases where, pursuant to paragraphs 3, 4, 5 and 6, 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 by political developments in Moldova.

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 day of its adoption. It shall apply for a renewable twelve-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, 27 February 2003.

For the Council

The President

M. Chrisochoïdis

ANNEX

List of persons referred to in Article 1

1. SMIRNOV, IGOR, "President", born on 29 October 1941 in Chabarowsk; Russian passport No 50 NO.0337530.

2. SMIRNOV, VLADIMIR, son and Chairman of State Customs Committee, born on 3 April 1961 in Vupiansk Charkow; Russian passport No 50 NO. 00337016.

3. SMIRNOV, OLEG, son and Adviser to the State Customs Committee, born on 8 August 1967 in Nowaja Wachowka, Cherson; Russian passport No 60 NO. 1907537.

4. LEONTYEV, SERGEY, "Vice-president", born on 9 February 1944 in Odessa Leontovka; Russian passport No 50 NO. 0065438.

5. MARACUTSA, GRIGORY, "Chairman of the Supreme Soviet", born on 15 October 1942 in Teia, Grigoriopol; former Soviet Union passport No 8BM724835.

6. KAMINSKY, ANATOLY, "Vice-chairman of the Supreme Soviet", born on 15 March 1950 in Cita; former Soviet Union passport No A25056238.

7. SHEVCHUK, EVGENY, ">TABLE>

Vice-chairman of the Supreme Soviet", born on 21 June 1946 in Nowosibirsk; former Soviet Union passport No A25004230.

8. LITSKAI, VALERY, "Minister of Foreign Affairs", born on 13 February 1949 in Tver; Russian passport.

9. KHAJEEV, STANISLAV, "Minister of Defence", born on 28 December 1941 in Celabinsk.

10. ANTIUFEEV (SEVTOV), VADIM, "Minister of State Security", born in 1951 in Novosibirsk; Russian passport.

11. KOROLYOV, ALEXANDER, "Minister of Internal Affairs", born in 1951 in Briansk; Russian passport.

12. BALALA, VIKTOR, "Minister of Justice", born in 1961 in Vinitsa.

13. AKULOV, BORIS, "Representative of Transnistria in Ukraine".

14. ZAKHAROV, VIKTOR, "Prosecutor's office", born in 1948 in Camenca.

15. LIPOVTSEV, ALEXEY, "Deputy Chairman of the Custom's Committee".

16. GUDYMO, OLEG, "Deputy Minister of Security", born on 11 September 1944 in Alma-Ata; Russian passport No 51 NO. 0592094.

17. KOSOVSKI, EDUARD, "Chairman of the Transnistrian Republican Bank", born on 7 October 1958 in Floresti.