Council Common Position 2004/133/CFSP of 10 February 2004 on restrictive measures against extremists in the Former Yugoslav Republic of Macedonia (FYROM) and repealing Common Position 2001/542/CFSP
Date: 2004-02-10
Institutions: Council of the European Union
Subjects: EU visa policy, North Macedonia, admission of aliens, extremism, public safety, restriction of liberty

11.2.2004

EN

Official Journal of the European Union

L 39/19

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2004/133/CFSP

of 10 February 2004

on restrictive measures against extremists in the Former Yugoslav Republic of Macedonia
(FYROM) and repealing Common Position 2001/542/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 15 thereof,

Article 1

The Council has repeatedly underlined its commitment
to the stabilisation and normalisation of the situation in
the Former Yugoslav Republic of Macedonia (FYROM),
based on the full
the Framework
Agreement.

implementation of

This commitment by the Council has been demonstrated
by intensive engagement by the High Representative/
Secretary General,
the appointment of successive EU
Special Representatives, and the deployment of opera-
tions ‘Concordia’ and ‘Proxima’.

Despite an overall improvement of the situation, certain
individuals continue to promote or take part in violent
activities challenging the Framework Agreement's basic
principles of stability, territorial integrity and the unitary
and multi-ethnic character of FYROM and/or to under-
mine and obstruct the concrete implementation of the
Agreement by actions outside the democratic process.

is

therefore

appropriate

to implement

It
targeted
measures in the form of restrictions to the admission on
the territory of Member States, aimed at the abovemen-
tioned individuals,
including those residing outside
FYROM.

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 actively promote or take
part in violent extremist activities challenging the Ohrid Frame-
work Agreement's basic principles of stability, territorial integ-
rity and the unitary and multi-ethnic character of FYROM, and/
or who deliberately, repeatedly and illegitimately undermine
and obstruct the concrete implementation of the Framework
Agreement by actions outside the democratic process.

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

Article 2

Article 1(1) shall not apply to cases where a Member

1.
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.

2.
Paragraph 1 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).

These measures should not be construed as a limitation
of their freedom of opinion and expression.

Article 3

Council Common Position 2001/542/CFSP of 16 July
2001 concerning a visa ban against extremists
in
FYROM (1) should be repealed,

(1) OJ L 194, 18.7.2001, p. 55.

1. Member States may grant exemptions from the measures
imposed pursuant to Article 1(1) where travel is justified on
the grounds of urgent humanitarian need or on the grounds of
attending
those
promoted by the European Union, where a political dialogue is
conducted that directly promotes democracy, human rights and
the rule of law in the Former Yugoslav Republic of Macedonia.

intergovernmental meetings,

including

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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Official Journal of the European Union

11.2.2004

A Member State wishing to grant exemptions referred to
2.
in paragraph 1 shall notify the Council in writing. The exemp-
tion 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 authorise the proposed exemption.

Article 7

This Common Position shall apply for a 12-month period. It
shall be kept under constant review. It shall be renewed, or
amended as appropriate, if the Council deems that its objectives
have not been met.

Article 8

Article 4

Common Position 2001/542/CFSP is hereby repealed.

In cases where pursuant to Articles 2 and 3 a Member State
authorises the entry into, or transit through,
its territory of
persons listed in the Annex, the authorisation shall be limited
is given and to the persons
to the purpose for which it
concerned thereby.

Article 9

This Common Position shall take effect on the date of its adop-
tion.

Article 5

Article 10

the list contained in the Annex shall be
Modifications of
decided by the Council, acting upon a proposal by a Member
State or the Commission. When deciding on any such modifi-
cation, the Council shall take account of the criteria set out in
Article 1(1).

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

Article 6

Done at Brussels, 10 February 2004.

to maximise the impact of

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

For the Council

The President

C. McCREEVY

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Official Journal of the European Union

L 39/21

ANNEX

List of persons referred to in Article 1

Name

Aka

Date of birth

ADILI Gafur

Valdet Vardari

5.1.1959

Place of birth/origin

Kicevo (Harandjell)

Name

Aka

Date of birth

BAJRAMI Hamdi

Breza

16.8.1981

Place of birth/origin

Brest (former Yugoslav Republic of Macedonia)

Name

Aka

Date of birth

Place of birth/origin

Name

Aka

Date of birth

Place of birth/origin

Name

Aka

Date of birth

BUTKA Spiro

Vigan Gradica

29.5.1949

Kosovo

GEORGIEVSKI Goran

Mujo

2.12.1969

Kumanovo

HYSENI Xhemail

Xhimi Shea

15.8.1958

Place of birth/origin

Lipkovo (Lojane)

Name

Aka

Date of birth

Place of birth/origin

Name

Aka

Date of birth

Place of birth/origin

Name

Date of birth

Place of birth/origin

Name

Aka

Date of birth

Place of birth/origin

Name

Date of birth

Place of birth/origin

Name

Date of birth

JAKUPI Avdil

Cakalla

20.4.1974

Tanusevce

REXHEPI Daut

Leka

6.1.1966

Poroj

RUSHITI Sait

7.7.1966

Tetovo

SAMIU Izair

Baci

23.7.1963

Semsevo

STOJKOV Goran

25.2.1970

Strumica

SULEJMANI Fadil

5.12.1940

Place of birth/origin

Tetovo (Bosovce)

L 39/22

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Official Journal of the European Union

11.2.2004

Name

Date of birth

SULEJMANI Gyner

3.3.1954

Country of birth/origin

Turkey