Council Common Position 2004/133/CFSP

of 10 February 2004

on restrictive measures against extremists in the Former Yugoslav Republic of Macedonia (FYROM) and repealing Common Position 2001/542/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 15 thereof,

Whereas:

(1) The Council has repeatedly underlined its commitment to the stabilisation and normalisation of the situation in the Former Yugoslav Republic of Macedonia (FYROM), based on the full implementation of the Framework Agreement.

(2) This commitment by the Council has been demonstrated by intensive engagement by the High Representative/Secretary General, the appointment of successive EU Special Representatives, and the deployment of operations "Concordia" and "Proxima".

(3) Despite an overall improvement of the situation, certain individuals continue to promote or take part in violent activities challenging the Framework Agreement's basic principles of stability, territorial integrity and the unitary and multi-ethnic character of FYROM and/or to undermine and obstruct the concrete implementation of the Agreement by actions outside the democratic process.

(4) It is therefore appropriate to implement targeted measures in the form of restrictions to the admission on the territory of Member States, aimed at the abovementioned individuals, including those residing outside FYROM.

(5) These measures should not be construed as a limitation of their freedom of opinion and expression.

(6) Council Common Position 2001/542/CFSP of 16 July 2001 concerning a visa ban against extremists in FYROM(1) should be repealed,

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 actively promote or take part in violent extremist activities challenging the Ohrid Framework Agreement's basic principles of stability, territorial integrity and the unitary and multi-ethnic character of FYROM, and/or who deliberately, repeatedly and illegitimately undermine and obstruct the concrete implementation of the Framework Agreement by actions outside the democratic process.

2. Paragraph 1 will not oblige a Member State to refuse its own nationals entry into its territory.

Article 2

1. Article 1(1) shall not apply to cases where 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; or

(iii) under a multilateral agreement conferring privileges and immunities.

The Council shall be duly informed in each of these cases.

2. Paragraph 1 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).

Article 3

1. Member States may grant exemptions from the measures imposed pursuant to Article 1(1) where travel is justified on the grounds of urgent humanitarian need or on the grounds of attending intergovernmental meetings, including those promoted by the European Union, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the Former Yugoslav Republic of Macedonia.

2. A Member State wishing to grant exemptions referred to in paragraph 1 shall notify the Council in writing. The exemption 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 authorise the proposed exemption.

Article 4

In cases where pursuant to Articles 2 and 3 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 5

Modifications of the list contained in the Annex shall be decided by the Council, acting upon a proposal by a Member State or the Commission. When deciding on any such modification, the Council shall take account of the criteria set out in Article 1(1).

Article 6

In order to maximise the impact of the abovementioned measures, the European Union shall encourage third countries to adopt restrictive measures similar to those contained in this Common Position.

Article 7

This Common Position 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.

Article 8

Common Position 2001/542/CFSP is hereby repealed.

Article 9

This Common Position shall take effect on the date of its adoption.

Article 10

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

Done at Brussels, 10 February 2004.

For the Council

The President

C. McCreevy

(1) OJ L 194, 18.7.2001, p. 55.

ANNEX

List of persons referred to in Article 1

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