Council Common Position 2004/179/CFSP of 23 February 2004 concerning restrictive measures against the leadership of the Transnistrian region of the Moldovan Republic
Date: 2004-02-23
Institutions: Council of the European Union
Subjects: Moldova, freedom of movement, international sanctions, political figure, restriction of liberty

L 55/68

EN

Official Journal of the European Union

24.2.2004

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

COUNCIL COMMON POSITION 2004/179/CFSP

of 23 February 2004

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 par-
ticular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

On 27 February 2003, the Council adopted Common
Position 2003/139/CFSP concerning restrictive measures
against the leadership of the Transnistrian region of the
Moldovan Republic (1).

Although negotiations on constitutional changes have
started, there has been no substantial progress in the
situation regarding the Transnistrian conflict in Moldova.

The EU remains committed to contributing to the objec-
tive of reaching a peaceful solution to the conflict, in full
respect of Moldova's territorial integrity and within the
framework of the Organisation for Security and Coop-
eration in Europe (OSCE).

leadership of

The EU considers unacceptable the continued position of
the
the
Moldovan Republic and its unwillingness to engage fully
in efforts to reach a peaceful and comprehensive solu-
tion to the Transnistrian conflict.

the Transnistrian region of

The travel ban imposed by Common Position 2003/139/
CFSP expires on 26 February 2004 and should be
renewed,

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
preventing progress in arriving at a political settlement of the
conflict.

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

(1) OJ L 53, 28.2.2003, p. 60.

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

(a) as a host country of an international

intergovernmental

organisation;

(b) as a host country to an international conference convened

by, or under the auspices of, the United Nations; or

(c) 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
those
promoted by the European Union, where a political dialogue is
conducted that directly promotes democracy, human rights and
the rule of law in Moldova.

intergovernmental meetings,

including

6.
A Member State wishing to grant exemptions referred to
in paragraph 5 shall notify the Council in writing. The exemp-
tion shall 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.

24.2.2004

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Official Journal of the European Union

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Article 3

Article 5

to maximise the impact of

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

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

Article 4

Done at Brussels, 23 February 2004.

This Common Position shall take effect on 27 February 2004
and be applicable until 27 February 2005. 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.

For the Council

The President

B. COWEN

ANNEX

List of persons referred to in Article 1

1. SMIRNOV, IGOR, ‘President’, born on 29.10.1941 in Chabarovsk. Russian passport No 50 NO. 0337530.

2. SMIRNOV, VLADIMIR, son of No 1 and Chairman of State Customs Committee, born on 3.4.1961 in Vupiansk

Charkov. Russian passport No 50 NO. 00337016.

3. SMIRNOV, OLEG, son of No 1 and Adviser to the State Customs Committee, born on 8.8.1967 in Novaja

Kachovka, Cherson. Russian passport No 60 NO. 1907537.

4. LEONTYEV, SERGEY,

‘Vice-president’, born on 9.2.1944 in Odessa Leontovka. Russian passport No 50 NO.

0065438.

5. MARACUTSA, GRIGORY, ‘Chairman of the Supreme Soviet’, born on 15.10.1942 in Teia, Grigoriopol. Old Soviet

passport No 8BM724835.

6. KAMINSKY, ANATOLY, ‘Vice-chairman of the Supreme Soviet’, born on 15.3.1950 in Cita. Old Soviet passport No

A25056238.

7. SHEVCHUK, EVGENY, ‘Vice-chairman of the Supreme Soviet’, born on 21.6.1946 in Novosibirsk. Old Soviet pass-

port No A25004230.

8. LITSKAI, VALERY, ‘Minister of Foreign Affairs’, born on 13.2.1949 in Tver. Russian passport.

9. KHAJEEV, STANISLAV, ‘Minister of Defence’, born on 28.12.1941 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 Transdniestria 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 11.9.1944 in Alma-Ata. Russian passport No 51 NO.

0592094.

17. KOSOVSKI, EDUARD, ‘Chairman of the Transnistrian Republican Bank’, born on 7.10.1958 in Floresti.