Council Common Position 2004/293/CFSP of 30 March 2004 renewing measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
Date: 2004-03-30
Institutions: Council of the European Union
Subjects: International Criminal Tribunal, Yugoslavia, fight against crime, international criminal law

31.3.2004

EN

Official Journal of the European Union

L 94/65

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

COUNCIL COMMON POSITION 2004/293/CFSP

of 30 March 2004

renewing measures in support of the effective implementation of the mandate of the International
Criminal Tribunal for the former Yugoslavia (ICTY)

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 16 April 2003, the Council adopted Common Posi-
tion 2003/280/CFSP in support of the effective imple-
mentation of the mandate of the International Criminal
Tribunal for the former Yugoslavia (ICTY) (1).

On 27 June 2003, the Council adopted Council Decision
2003/484/CFSP (2)
implementing Common Position
2003/280/CFSP by replacing the list of persons set out
in the Annex to the Common Position by the list set out
in the Annex to that Decision.

Common Position 2003/280/CFSP expires on 15 April
2004.

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.

Against this background, the Council considers it neces-
sary to renew Common Position 2003/280/CFSP for a
further 12 months and to update the list of names to be
subject to this Common Position,

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.

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

(1) OJ L 101, 23.4.2003, p. 22.
(2) OJ L 162, 1.7.2003, p. 77.

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 assists the ICTY in the implementation
of its mandate.

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 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 to the list contained in
Annex as required.

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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, 30 March 2004.

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

For the Council

The President

M. McDOWELL

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Official Journal of the European Union

L 94/67

ANNEX

List of persons referred to in Article 1

1. BJELICA, Milovan

Date of birth/Place of birth: 19.10.1958, Rogatica, Bosnia and Herzegovina, SFRY

Passport No: 0000148 issued 26.7.1998 in Srpsko Sarajevo

National ID No: 1910958130007

Aliases: Cicko

Address: CENTREK Company in Pale

2. ECIM, Ljuban

Date of birth/Place of birth: 6.1.1964, Sviljanac, Bosnia and Herzegovina, SFRY.

Passport No: 0144290 issued 21.11.1998 in Banja Luka. Date of expiry 21.11.2003.

ID: 601964100083

Aliases:

Address: Ulica Stevana Mokranjca 26, Banja Luka, BiH

3. KARADZIC, Aleksandar

Date of birth/Place of birth: 14.5.1973, Sarajevo Centar, Bosnia and Herzegovina, SFRY

Passport No: 0036395. Expired 12.10.1998

Aliases: Sasa

Address:

4. KARADZIC, Ljiljana (maiden name: ZELEN)

Date of birth/Place of birth: 27.11.1945, Sarajevo Centar, Bosnia and Herzegovina, SFRY

Daughter of Vojo and Anka

Passport No/ID No:

Aliases:

Address:

5. KOJIC, Radomir

Date of birth/Place of birth: 23.11.1950, Bijela Voda, Sokolac Canton, Bosnia and Herzegovina, SFRY

Son of Milanko and Zlatana

Passport/ID: Passport 4742002 Issued on 2002 in Sarajevo. Date of expiry 2007;

ID 03DYA1935. Issued on 7 July 2003 in Sarajevo.

Aliases: Mineur or Ratko

Address: 115 Trifka Grabeza, Pale or Hotel KRISTAL, Jahorina

6. KOVAC, Tomislav

Date of birth/Place of birth: 4.12.1959, Sarajevo, Bosnia and Herzegovina, SFRY

Son of Vaso

ID No: 412959171315

Aliases: Tomo

Address: Bijela, Montenegro; and Pale, Bosnia and Herzegovina

7. KRASIC, Petar

Date of birth/Place of birth:

Passport No/ID No:

Aliases:

Address:

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8. KUJUNDZIC, Predrag

Date of birth/Place of birth: 30.1.1961, Suho Pole, Doboj, Bosnia and Herzegovina, SFRY

Son of Vasilija

ID No: 30011961120044

Alias: Predo

Address: Doboj, Bosnia and Herzegovina

9. LUKOVIC, Milorad Ulemek

Date of birth/Place of birth: 15.5.1968, Belgrade, Serbia, SFRY

Passport No/ID No:

Aliases: Legija (Forged ID as IVANIC, Zeljko)

Address: on the run

10. MANDIC, Momcilo

Date of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina, SFRY

Passport No 0121391 issued 12.5.1999 in Srpsko Sarajevo, Bosnia and Herzegovina

National ID No: JMB 0105954171511

Aliases: Momo

Address: GITROS Discotheque in Pale

11. MICEVIC, Jelenko

Date of birth/Place of birth: 8.8.1947, Borci near Konjic, Bosnia and Herzegovina, SFRY

Son of Luka and Desanka, maiden name: Simic

Passport No/ID No:

Aliases: Filaret

Address: Milesevo monastery, Serbia and Montenegro

12. RATIC, Branko

Date of birth/Place of birth: 26.11.1957, MIHALJEVCI SL POZEGA, Bosnia and Herzegovina, SFRY

Passport No: 0442022 issued 17.9.1999 in Banja Luka. Date of expiry 17.9.2003

ID No: 2611957173132

Aliases:

Address: Ulica Krfska 42, Banja Luka, Bosnia and Herzegovina

13. ROGULJIC, Slavko

Date of birth/Place of birth: 15.5.1952, SRPSKA CRNJA HETIN, Serbia, SFRY

Passport No/ID No: Valid passport 3747158 issued 12.4.2002 in Banja Luka. Date of expiry: 12.4.2007. Non-valid
passport 0020222 issued 25.8.1988 in Banja Luka. Date of expiry: 25.8.2003

ID No: 1505952103022. Two children on ID

Aliases:

Address: 21 Vojvode Misica, Laktasi, Bosnia and Herzegovina

14. VRACAR, Milenko

Date of birth/Place of birth: 15.5.1956, Nisavici, Prijedor, Bosnia and Herzegovina, SFRY

Passport No/ID No: Valid passport 3965548 issued 29.8.2002 in Banja Luka. Date of expiry: 29.8.2007. Non-valid
passports 0280280 issued 4.12.1999 in Banja Luka (date of expiry 4.12.2004) and 0062130 issued 16.9.1998 in
Banja Luka (date of expiry 16.9.2003)

Aliases:

Address: 14 Save Ljuboje, Banja Luka, Bosnia and Herzegovina.