Council Common Position 2005/888/CFSP of  12 December 2005  concerning specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri
Date: 2005-12-12
Institutions: Council of the European Union
Subjects: Lebanon, economic sanctions, free movement of persons, head of government, homicide, international sanctions, terrorism

L 327/26

EN

Official Journal of the European Union

14.12.2005

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

COUNCIL COMMON POSITION 2005/888/CFSP

of 12 December 2005

concerning specific restrictive measures against certain persons suspected of involvement in the
assassination of former Lebanese Prime Minister Rafiq Hariri

THE COUNCIL OF THE EUROPEAN UNION,

Paragraph 1 shall not oblige a Member State to refuse its

2.
own nationals entry into its territory.

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

Whereas:

the United Nations Security
On 31 October 2005,
Council
(UNSCR
adopted Resolution 1636 (2005),
1636 (2005)) acknowledging the report of the UN Inter-
national Investigation Commission chaired by Mr Detlev
Mehlis on the 14 February 2005 terrorist bombing in
Beirut, Lebanon, that killed 23 people, including former
Lebanese Prime Minister Rafiq Hariri, and caused injury
to dozens of people (the Investigation Commission).

3.
Paragraph 1 shall not apply where the Committee
determines, in advance and on a case by case basis, that such
justified on the grounds of humanitarian need,
travel
is
including
the Committee
religious obligation, or where
concludes that an exemption would further the objectives of
UNSCR 1636 (2005).

4.
In cases where, pursuant to paragraph 3 and in line with
the determinations of
a Member State
the Committee,
its territory of
authorises the entry into, or transit through,
persons listed in the Annex, the authorisation shall be limited
to the purpose for which it
is given and to the persons
concerned thereby.

UNSCR 1636 (2005) imposes measures to prevent the
entry into or transit through Member States’ territories
of, and the freezing of funds and economic resources of,
the Security
persons registered by the Committee of
Council established by paragraph 3(b) of UNSCR 1636
(2005) (the Committee) as suspected of involvement in
the planning, sponsoring, organising or perpetrating of
the terrorist bombing.

Article 2

All funds and economic resources belonging to, owned,
1.
held or controlled by the natural persons listed in the Annex, or
held by entities owned or controlled directly or indirectly by
such persons or by any persons acting on their behalf or at
their direction, as listed in the Annex, shall be frozen.

the Council

adopted its
On 7 November 2005,
conclusions on Syria
and Lebanon. The Council
deplored the clear indication that Syria had not coop-
erated fully with the investigating team and called upon
Syria to cooperate unconditionally with the investigators.

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

(4)

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

to

Provided they have been approved by the Committee,
3.
exemptions may be made for funds and economic resources
which are:

HAS ADOPTED THIS COMMON POSITION:

Article 1

shall

1. Member States
to
prevent the entry into, or transit through, their territories of
the natural persons listed in the Annex to this Common
Position.

take the necessary measures

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

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

fees and reimbursement of
with the provision of legal services;

(1)

(2)

(3)

14.12.2005

EN

Official Journal of the European Union

L 327/27

(c)

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

Paragraph 2 shall not apply to the addition to frozen
4.
accounts of
interest or other earnings on those accounts,
provided that any such interest and other earnings continue
to be subject to paragraph 1.

Article 4

The Council shall establish the list of relevant persons and
related entities and persons contained in the Annex and
implement any modifications thereof on the basis of the deter-
minations made by the Committee.

Article 5

This Common Position shall
adoption.

take effect on the date of

its

Article 3

Article 6

1. Member States shall ensure, in accordance with applicable
law, that if a natural person listed in the Annex is found within
their territory, such person be available for interview by the
Investigation Commission if that Commission so requests.

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

in accordance with
2. Member States shall cooperate fully,
applicable law, with any international
investigation related to
the funds or economic resources or financial transactions of
including through
persons or entities listed in the Annex,
sharing of financial information.

Done at Brussels, 12 December 2005.

For the Council
The President

J. STRAW

ANNEX

List of natural persons and entities referred to in Articles 1, 2 and 3

(Annex to be completed after the persons and entities have been registered by the Committee established by paragraph
3(b) of UNSCR 1636 (2005))