Council Common Position 2008/160/CFSP of 25 February 2008 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
Date: 2008-02-25
Institutions: Council of the European Union
Subjects: Moldova, common foreign and security policy, international sanctions, political figure, restriction of liberty

26.2.2008

EN

Official Journal of the European Union

L 51/23

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL COMMON POSITION 2008/160/CFSP

of 25 February 2008

concerning restrictive measures against the leadership of the Transnistrian region of the Republic of
Moldova

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(5)

(6)

On 27 February 2003, the Council adopted Common
Position 2003/139/CFSP concerning restrictive measures
against the leadership of the Transnistrian region of the
Republic of Moldova (1). Those measures (restrictions on
admission) were renewed by Council Common Position
2004/179/CFSP (2) of 23 February 2004. They expire on
27 February 2008.

amending

2004/622/CFSP (3)

the Council adopted Common
On 26 August 2004,
Position
Common
Position 2004/179/CFSP by which it extended the
restrictions on admission on persons who are responsible
for the design and implementation of the intimidation
and closure campaign against Latin-script Moldovan
schools in the Transnistrian region of the Republic of
Moldova.

The EU considers unacceptable the continued position of
the leadership of the Transnistrian region of the Republic
of Moldova and its unwillingness to engage fully in
efforts to reach a peaceful and comprehensive solution
to the Transnistrian conflict.

the

restrictive measures

On the basis of a re-examination of Common Position
should be
2004/179/CFSP,
renewed for a further period of 12 months. The
Council considers that
is appropriate to delete six
persons from the list in Annex I and to add six other
persons to the lists in Annexes I and II.

it

(7)

For the sake of clarity, the restrictive measures should be
consolidated into a single legal act,

HAS ADOPTED THIS COMMON POSITION:

Article 1

1. Member States
to
prevent the entry into, or transit through, their territories of
the persons who are responsible:

take the necessary measures

shall

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

(i) for preventing progress in arriving at a political settlement
of the Transnistrian conflict in the Republic of Moldova, as
listed in Annex I;

The EU remains committed to contributing to the
objective of reaching a peaceful solution to the conflict,
in full respect of the territorial integrity of the Republic
of Moldova and within the framework of the Organis-
ation for Security and Cooperation in Europe (OSCE).

(ii) for the design and implementation of the campaign of in-
against Latin-script Moldovan
the Republic of

timidation and closure
schools in the Transnistrian region of
Moldova, as listed in Annex II.

(1) OJ L 53, 28.2.2003, p. 60.
(2) OJ L 55, 24.2.2004, p. 68. Common Position as last amended by
Common Position 2007/121/CFSP (OJ L 51, 20.2.2007, p. 31).

(3) OJ L 279, 28.8.2004, p. 47.

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

(1)

(2)

(3)

(4)

L 51/24

EN

Official Journal of the European Union

26.2.2008

Paragraph 1 shall be without prejudice to the cases where
3.
a Member 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;

(iii) under a multilateral agreement conferring privileges and

immunities; or

exemption shall be deemed to be granted unless one or more
of the Council Members raises an objection in writing within
two working days of receiving notification of the proposed
the Council
exemption.
acting by a
members
qualified majority, may decide to grant the proposed exemption.

that one or more of

an objection,

In the event

the Council,

raises

8.
In cases where pursuant to paragraphs 3, 4, 6 and 7, a
Member State authorises the entry into, or transit through, its
territory of persons listed in Annexes I and II, the authorisation
shall be limited to the purpose for which it is given and to the
persons concerned thereby.

Article 2

(iv) under

the 1929 Treaty of Conciliation (Lateran pact)
concluded by the Holy See (State of the Vatican City) and
Italy.

The Council, acting upon a proposal by a Member State or the
Commission, shall adopt modifications to the lists contained in
Annex I and Annex II as required by political developments in
the Republic of Moldova.

Paragraph 3 shall be considered as applying also in cases

4.
where a Member State is host country of the OSCE.

Article 3

5.
The Council shall be duly informed in all cases where a
Member State grants an exemption pursuant to paragraphs 3
or 4.

This Common Position shall take effect on 27 February 2008
and apply until 27 February 2009.
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.

6. 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 inter-
including those promoted by the
governmental meetings,
European Union, or hosted by a Member State holding the
Chairmanship in office of
a political
dialogue
conducted that directly promotes democracy,
human rights and the rule of law in the Republic of Moldova.

the OSCE, where

is

Article 4

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

Done at Brussels, 25 February 2008.

7.
in paragraph 6 shall notify the Council

A Member State wishing to grant exemptions referred to
in writing. The

For the Council
The President

A. VIZJAK

26.2.2008

EN

Official Journal of the European Union

L 51/25

ANNEX I

List of persons referred to in Article 1(1)(i)

1. SMIRNOV, Igor Nikolayevich,
passport No 50No0337530.

‘President’, born on 23 October 1941 in Khabarovsk, Russian Federation, Russian

2. SMIRNOV, Vladimir Igorevich, son of No 1 and ‘Chairman of the State Customs Committee’, born on 3 April 1961
in Kupiansk, Kharkovskaya oblast or Novaya Kakhovka, Khersonskaya oblast, Ukraine, Russian passport No
50No00337016.

3. SMIRNOV, Oleg Igorevich, son of No 1 and ‘Adviser to the State Customs Committee’,

‘Member of the Supreme
Soviet’, born on 8 August 1967 in Novaya Kakhovka, Khersonskaya oblast, Ukraine, Russian passport No
60No1907537.

4. MARAKUTSA, Grigory Stepanovich, ‘Member of the Supreme Soviet’, ‘Special Representative of the Supreme Soviet
for Interparliamentary Relations’, born on 15 October 1942 in Teya, Grigoriopolsky rayon, Republic of Moldova, old
Soviet passport No 8BM724835.

5. LITSKAI, Valery Anatolyevich, ‘Minister for Foreign Affairs’, born on 13 February 1949 in Tver, Russian Federation,

Russian passport No 51No0076099, issued 9 August 2000.

6. KHAZHEYEV, Stanislav Galimovich,

‘Minister for Defence’, born on 28 December 1941 in Chelyabinsk, Russian

Federation.

7. ANTYUFEYEV, Vladimir Yuryevich, alias SHEVTSOV, Vadim,

‘Minister for State Security’, born in 1951 in

Novosibirsk, Russian Federation, Russian passport.

8. KOROLYOV, Alexandr Ivanovich, ‘Vice-President’, born on 24 October 1958 in Wroclaw, Poland, Russian passport.

9. BALALA, Viktor Alekseyevich, former ‘Minister of Justice’, born in 1961 in Vinnitsa, Ukraine.

10. ZAKHAROV, Viktor Pavlovich, ‘Prosecutor of Transnistria’, born in 1948 in Kamenka, Republic of Moldova.

11. GUDYMO, Oleg Andreyevich,

‘Chairman of the Committee on Security, Defence
and Peacekeeping of the Supreme Soviet’, former ‘Deputy Minister of Security’, born on 11 September 1944 in Alma-
Ata, Kazakhstan, Russian passport No 51No0592094.

‘Member of the Supreme Soviet’,

12. KRASNOSELSKY, Vadim Nikolayevich, ‘Minister of Internal Affairs’, born on 14 April 1970 in Dauriya, Zabaykalskyi

rayon, Chitinskaya oblast, Russian Federation.

13. ATAMANIUK, Vladimir, ‘Deputy Minister of Defence’.

ANNEX II

List of persons referred to in Article 1(1)(ii)

1. URSKAYA, Galina Vasilyevna, ‘Minister of Justice’, born on 10 December 1957 in Pyatiletka village, Brianskyi rayon,

Brianskaya oblast, Russian Federation.

2. MAZUR,

Igor Leonidovich,

‘Head of State Administration in Dubossary Rayon’, born on 29 January 1967 in

Dubossary, Republic of Moldova.

3. PLATONOV, Yuri Mikhailovich, known as Yury PLATONOV,

‘Head of State Administration in Rybnitsa Rayon and
Rybnitsa City’, born on 16 January 1948 in Klimkovo, Poddorsky rayon, Novgorodskaya oblast, Russian passport No
51No0527002, issued by the Russian Embassy in Chisinau on 4 May 2001.

4. CHERBULENKO, Alla Viktorovna, ‘Deputy Head of State Administration of Rybnitsa’, responsible for education issues.
‘Head of State Administration in Bender’, born on 16 February 1950 in Taraclia,

5. KOGUT, Vecheslav Vasyilevich,

Chadir-Lunga rayon, Republic of Moldova.

6. KOSTIRKO, Viktor Ivanovich,

‘Head of State Administration in Tiraspol’, born on 24 May 1948, Komsomolsk na

Amure, Habarovsky kray, Russian Federation.