COMMON POSITION of 19 March 1998 defined by the Council on the basis of Article J.2 of the Treaty on European Union on restrictive measures against the Federal Republic of Yugoslavia (98/240/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article J.2 thereof,

Whereas recent events in the Federal Republic of Yugoslavia (FRY), and in particular the use of force against the Kosovar Albanian Community in Kosovo, represent an unacceptable violation of human rights and put the security of the region at risk;

Whereas the European Union strongly condemns terrorism and violent acts committed by the Kosovo Liberation Army, or any group or individual;

Whereas the Union strongly condemns the violent repression of the non-violent expression of political views;

Whereas the Union endorsed on 12 March 1998 the statement issued by the Contact Group on 9 March 1998;

Whereas the Union demands that the Government of the FRY take effective steps to stop the violence and engage in a commitment to find a political solution to the issue of Kosovo through a peaceful dialogue with the Kosovar Albanian Community, in particular by:

- withdrawing the special police units and ceasing action by the security forces affecting the civilian population,

- allowing access to Kosovo for the International Committee of the Red Cross and other humanitarian organisations as well as by representatives of the Union and other Embassies,

- committing itself publicly to begin a process of dialogue with the leadership of the Kosovar Albanian Community,

- cooperating in a constructive manner in order to implement the action set out in paragraph 6 of the Contact Group statement;

Whereas the restrictive measures in Articles 1 to 4, including the reduction of economic and/or financial relations, are deemed necessary; whereas such measures will be reconsidered immediately if the Government of the FRY takes the steps referred to in the previous recital;

Whereas the Union will move to further international measures, and specifically to pursue a freezing of the funds held abroad by the FRY and the Serbian Governments, should the above steps not be implemented and repression continue in Kosovo,

HAS DEFINED THIS COMMON POSITION:

Article 1

The European Union confirms the embargo on arms exports to the former Yugoslavia established by Common Position 96/184/CFSP (1).

Article 2

No equipment which might be used for internal repression or for terrorism will be supplied to the Federal Republic of Yugoslavia.

Article 3

A moratorium will be implemented on government-financed export credit support for trade and investment, including government financing for privatisations, in Serbia.

Article 4

1. No visas shall be issued for senior FRY and Serbian representatives responsible for repressive action by FRY security forces in Kosovo.

2. The persons listed in the Annex, who have been identified as having clear security responsibilities, shall be reported for the purpose of non-admission in the territories of the Member States. Other senior FRY and Serbian representatives responsible for repressive action in Kosovo would be added in the case of a failure by the FRY authorities to respond to the demands of the International Community. In exceptional cases, exemptions may be made if this would further vital Union objectives. The Council shall update the list in the light of developments in Kosovo.

Article 5

This common position shall take effect on the date of its adoption.

Article 6

This common position shall be published in the Official Journal.

Done at Brussels, 19 March 1998.

For the Council

The President

J. STRAW

(1) OJ L 58, 7.3.1996, p. 1.

ANNEX

Vlajko Stojlkovic (Serbian Minister for the Interior)

Vlastimir Djordjevic (Head of Public Security Department)

Dragisa Ristivojevic (Deputy Head of Public Security Department)

Obrad Stevanovic (Assistant Minister for the Interior)

Jovica Stanisic (Assistant Minister for the Interior: Head of Serbian State Security)

Radomir Markovic (Assistant Minister for the Interior: Deputy Head of State Security)

Frenki Simatovic (Chief of Special Forces of State Security)

David Gajic (Head of Security in Kosovo)

Lubinko Cvetic (Deputy Head of Security in Kosovo)

Veljko Odalovic (Deputy Head of the Kosovo Okrug)