Council Common Position 2004/694/CFSP of 11 October 2004 on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
Date: 2004-10-11
Institutions: Council of the European Union
Subjects: International Criminal Tribunal, Yugoslavia, economic sanctions, international sanctions, natural person, war crime

L 315/52

EN

Official Journal of the European Union

14.10.2004

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

COUNCIL COMMON POSITION 2004/694/CFSP

of 11 October 2004

on further 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,

HAS ADOPTED THIS COMMON POSITION:

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

Whereas:

2004/293/CFSP (1)

renewing measures

the Council adopted Common
On 30 March 2004,
Position
in
support of the effective implementation of the mandate
for the former
of the International Criminal Tribunal
Yugoslavia
restrictions on
form of
admission against persons 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.

in the

(ICTY)

Article 1

1.
All funds and economic resources belonging to the natural
persons listed in the Annex, who have been indicted by the
ICTY, shall be frozen.

No funds or economic resources shall be made available
2.
directly or indirectly to or for the benefit of the natural persons
listed in the Annex.

Exemptions may be made

3.
resources which are:

for

funds or

economic

(a) necessary for basic expenses, including payments for food-
stuffs, rent or mortgage, medicines and medical treatment,
taxes, insurance premiums, and public utility charges;

The Council has reiterated the need to intensify efforts to
bring Radovan Karadžić, Ratko Mladić
and Ante
Gotovina to the ICTY.

(b) intended exclusively for payment of reasonable professional
incurred expenses associated

fees and reimbursement of
with the provision of legal services;

In order to supplement the measures recommended in
United Nations Security Council Resolution (UNSCR)
1503, adopted on 28 August 2003, against individuals,
groups or organisations assisting indictees at large, and
taking into account the fact that this Resolution requests
all States to intensify their cooperation with the ICTY in
particular with regard to Radovan Karadžić, Ratko Mladić
and Ante Gotovina, the Council considers it appropriate
to freeze the assets of these individuals as part of the
EU's overall effort to prevent any assistance provided to
them and to bring them to the ICTY.

(4)

The Council will renew, or amend as appropriate, these
measures if
to the assets freeze
remain at large.

the persons subject

(c)

intended exclusively for payment of fees or service charges
for routine holding or maintenance of
frozen funds or
economic resources;

(d) necessary for extraordinary expenses.

Paragraph 2 shall not apply to the addition to frozen

4.
accounts of:

(a)

interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations
that were concluded or arose before the date on which
those accounts became subject to restrictive measures,

(5)

Action by the Community is needed in order
implement these measures,

to

(1) OJ L 94, 31.3.2004, p. 65.

provided that any such interest, other earnings and payments
continue to be subject to paragraph 1.

(1)

(2)

(3)

14.10.2004

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Official Journal of the European Union

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Article 2

The Council, acting upon a proposal by a Member State or the
Commission, shall adopt amendments to the list contained in
the Annex as required.

Article 3

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.

Article 4

This Common Position shall
adoption.

It shall apply for a 12-month period.

take effect on the date of

its
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 5

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

Done at Brussels, 11 October 2004.

For the Council

The President

B. R. BOT

ANNEX

List of persons referred to in Article 1

1. Radovan Karadžić

born 19.6.1945, in the municipality of Savnik, Serbia and Montenegro.

2. Ratko Mladić

3. Ante Gotovina

born 12.3.1942, in the municipality of Kalinovik, Bosnia and Herzegovina.

born 12.10.1955, on the island of Pasman within the Municipality of Zadar, Republic of
Croatia.