HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 76/68
EN
Official Journal of the European Union
22.3.2011
COUNCIL DECISION 2011/173/CFSP
of 21 March 2011
concerning restrictive measures in view of the situation in Bosnia and Herzegovina
THE COUNCIL OF THE EUROPEAN UNION,
2. Paragraph
1
shall
not
oblige
a
Member
State
to
refuse
its
own nationals entry into its territory.
Having regard to the Treaty on European Union, and in
particular Article 29 thereof,
3. Paragraph
1
shall
be
without
prejudice
to
the
cases
where
a Member State is bound by an obligation of international law,
namely:
Whereas:
(a) as a host country to an international intergovernmental
(1) On
14
December
2010,
the
Council
confirmed
its
deter
organisation;
mination to support the Dayton/Paris General
Framework Agreement for Peace and its readiness to
consider proposals to strengthen the Union's ability to
engage effectively with Bosnia and Herzegovina in this
(b) as a host country to an international conference convened
regard.
by, or under the auspices of, the UN;
(2) In
this
context,
restrictive
measures
should
be
imposed (c) under a multilateral agreement conferring privileges and
against certain natural and legal persons whose activities
immunities; or
undermine the sovereignty, territorial integrity, constitu
tional order and international personality of Bosnia and
Herzegovina, seriously threaten the security situation in
Bosnia and Herzegovina or undermine the Dayton/Paris
(d) under the 1929 Treaty of Conciliation (Lateran Pact)
General Framework Agreement for Peace and the
concluded by the Holy See (State of the Vatican City) and
Annexes thereto.
Italy.
(3) Further action by the Union is needed in order to
4. Paragraph 3 shall be considered as applying also in cases
implement certain measures,
where a Member State is host country to the Organisation for
Security and Cooperation in Europe (OSCE).
HAS ADOPTED THIS DECISION:
5. The
Council
shall
be
duly
informed
in
all
cases
where
a
Member State grants an exemption pursuant to paragraph 3
Article 1
or 4.
1. Member
States
shall
take
the
necessary
measures
to
prevent the entry into, or transit through, their territories of
those persons whose activities:
6. Member
States
may
grant
exemptions
from
the
measures
imposed under paragraph 1 where travel is justified on the
grounds of urgent humanitarian need, or on grounds of
attending intergovernmental meetings, including those
(a) undermine the sovereignty, territorial integrity, constitu
promoted by the Union, or hosted by a Member State
tional order and international personality of Bosnia and
holding the chairmanship in office of the OSCE, where a
Herzegovina;
political dialogue is conducted that directly promotes
democracy, human rights and the rule of law in Bosnia and
Herzegovina.
(b) seriously threaten the security situation in Bosnia and
Herzegovina; or
7. A
Member
State
wishing
to
grant
exemptions
referred
to
in paragraph 6 shall notify the Council in writing. The
(c) undermine the Dayton/Paris General Framework Agreement
exemption shall be deemed to be granted unless one or more
for Peace and the Annexes thereto, including measures
Council members raise an objection in writing within two
established in the implementation of the said Agreement;
working days of receiving notification of the proposed
exemption. Should one or more Council members raise such
an objection, the Council, acting by a qualified majority, may
and persons associated with them, as listed in the Annex.
decide to grant the proposed exemption.

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EN
22.3.2011 Official
Journal
of
the
European
Union L
76/69
8. In cases where pursuant to paragraphs 3, 4, 6 and 7, a
grounds on which it considers that a specific authorisation
Member State authorises the entry into, or transit through, its
should be granted, at least two weeks prior to the
territory of persons listed in the Annex, the authorisation shall
authorisation.
be limited to the purpose for which it is given and to the
persons concerned thereby.
A Member State shall inform the other Member States and the
Commission of any authorisation it grants under this paragraph.
Article 2
1. All
funds
and
economic
resources
belonging
to,
owned,
held or controlled by persons whose activities:
4. By way of derogation from paragraph 1, the competent
authorities of a Member State may authorise the release of
certain frozen funds or economic resources, provided that the
following conditions are met:
(a) undermine the sovereignty, territorial integrity, constitu
tional order and international personality of Bosnia and
Herzegovina;
(a) the funds or economic resources are the subject of a
judicial, administrative or arbitral lien established prior to
the date on which the natural or legal person referred to in
(b) seriously threaten the security situation in Bosnia and
paragraph 1 was included in the Annex, or of a judicial,
Herzegovina; or
administrative or arbitral judgment rendered prior to that
date;
(c) undermine the Dayton/Paris General Framework Agreement
for Peace and the Annexes thereto, including measures
(b) the funds or economic resources will be used exclusively to
established in the implementation of the said Agreement;
satisfy claims secured by such a lien or recognised as valid
in such a judgment, within the limits set by applicable laws
and regulations governing the rights of persons having such
and natural or legal persons associated with them, as listed in
claims;
the Annex, shall be frozen.
(c) the lien or judgment is not for the benefit of a natural or
2. No
funds
or
economic
resources
shall
be
made
available,
legal person listed in the Annex; and
directly or indirectly, to or for the benefit of, natural or legal
persons listed in the Annex.
(d) recognising the lien or judgement is not contrary to public
policy in the Member State concerned.
3. The
competent
authority
of
a
Member
State
may
authorise
the release of certain frozen funds or economic resources, or the
making available of certain funds or economic resources, under
A Member State shall inform the other Member States and the
such conditions as it deems appropriate, after having
Commission of any authorisation granted under this paragraph.
determined that the funds or economic resources concerned are:
5. Paragraph 1 shall not prevent a designated person from
(a) necessary to satisfy the basic needs of the natural persons
making a payment due under a contract entered into before the
listed in the Annex and their dependent family members,
listing of such a person, provided that the relevant Member
including payments for foodstuffs, rent or mortgage,
State has determined that the payment is not directly or
medicines and medical treatment, taxes, insurance
indirectly received by a person referred to in paragraph 1.
premiums, and public utility charges;
6. Paragraph
2
shall
not
apply
to
the
addition
to
frozen
(b) intended exclusively for the payment of reasonable profes
accounts of:
sional fees and the reimbursement of incurred expenses
associated with the provision of legal services;
(a) interest or other earnings on those accounts; or
(c) intended exclusively for the payment of fees or service
charges for the routine holding or maintenance of frozen
(b) payments due under contracts, agreements or obligations
funds or economic resources; or
that were concluded or arose prior to the date on which
those accounts became subject to this Decision;
(d) necessary for extraordinary expenses, provided that the
competent authority has notified the competent authorities
provided that any such interest, other earnings and payments
of the other Member States and the Commission of the
remain subject to paragraph 1.

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L 76/70
EN
Official Journal of the European Union
22.3.2011
Article 3
profession. With regard to legal persons, such information may
include names, place and date of registration, registration
1. The Council, acting upon a proposal by a Member State
number and place of business.
or the High Representative of the Union for Foreign Affairs and
Security Policy, shall establish and amend the list in the Annex.
Article 5
2. The
Council
shall
communicate
its
decision,
including
the In order to maximise the impact of the restrictive measures laid
grounds for listing, to the person concerned, either directly, if
down in this Decision, the Union shall encourage third States to
the address is known, or through the publication of a notice,
adopt similar measures.
providing such person with an opportunity to present
observations.
Article 6
This Decision shall enter into force on the date of its adoption.
3. Where
observations
are
submitted,
or
where
substantial
new evidence is presented, the Council shall review its
decision and inform the person concerned accordingly.
This Decision shall apply until 22 March 2012.
Article 4
This Decision shall be kept under constant review. It shall be
renewed, or amended as appropriate, if the Council deems that
1. The
Annex
shall
include
the
grounds
for
listing
the its objectives have not been met.
persons concerned.
Done at Brussels, 21 March 2011.
2. The
Annex
shall
also
contain,
where
available,
the
information necessary to identify the persons concerned. With
For the Council
regard to natural persons, such information may include names,
including aliases, date and place of birth, nationality, passport
The President
and ID card numbers, gender, address if known, and function or
C. ASHTON

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EN
22.3.2011 Official
Journal
of
the
European
Union L
76/71
ANNEX
List of natural and legal persons referred to in Articles 1 and 2
…

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