title: Council Decision 2008/877/CFSP of 24 October 2008 concerning the conclusion of the Agreement between the European Union and Georgia on the status of the European Union Monitoring Mission in Georgia

text:
               21.11.2008

               EN

               Official Journal of the European Union

               L 310/30

         COUNCIL DECISION 2008/877/CFSP
   of 24 October 2008
   concerning the conclusion of the Agreement between the European Union and Georgia on the status of the European Union Monitoring Mission in Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 15 September 2008, the Council adopted Joint Action 2008/736/CFSP on the European Union Monitoring Mission in Georgia (EUMM Georgia) (1).

               (2)

               An agreement on the status of the EUMM Georgia has been negotiated between the European Union and Georgia.

               (3)

               The Agreement should be approved on behalf of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and Georgia on the Status of the European Union Monitoring Mission in Georgia is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union (2).
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 24 October 2008.

            For the Council

            The President

         M. ALLIOT-MARIE

      (1)  OJ L 248, 17.9.2008, p. 26.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               21.11.2008

               EN

               Official Journal of the European Union

               L 310/31

         AGREEMENT
   between the European Union and Georgia on the status of the European Union Monitoring Mission in Georgia
   THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
   of the one part, and
   GEORGIA, hereinafter referred to as ‘the Host State’,
   of the other part,
   Together hereinafter referred to as ‘the Parties’,
   TAKING INTO ACCOUNT:
   the invitation letter by President Mikheil Saakashvili of 11 September 2008,
   the Council Joint Action 2008/736/CFSP of 15 September 2008 on the European Union Monitoring Mission in Georgia, EUMM Georgia,
   that this Agreement will not affect the Parties’ rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union mission and its personnel.
   2.   This Agreement shall apply only within the territory of the Host State.
   3.   For the purposes of this Agreement:

               (a)

               ‘EUMM Georgia’ shall mean the EU Monitoring Mission in Georgia, established by the Council of the European Union in Joint Action 2008/736/CFSP, including its components, forces, units, headquarters and personnel deployed in the territory of the Host State and assigned to EUMM Georgia;

               (b)

               ‘Head of Mission’ shall mean the Head of Mission of EUMM Georgia, appointed by the Council of the European Union;

               (c)

               ‘EUMM Georgia personnel’ shall mean the Head of Mission, personnel seconded by EU Member States and EU institutions and non-EU States invited by the EU to participate in EUMM Georgia, international staff recruited on a contractual basis by EUMM Georgia deployed for the preparation, support and implementation of the mission, and personnel on mission for a Sending State or an EU institution in the framework of the mission. It shall not include commercial contractors or personnel employed locally;

               (d)

               ‘Headquarters’ shall mean the EUMM Georgia main headquarters in Tbilisi;

               (e)

               ‘Sending State’ shall mean any EU Member State or non-EU State that has seconded personnel to EUMM Georgia;

               (f)

               ‘Facilities’ shall mean all buildings, premises and land required for the conduct of the activities of EUMM Georgia, as well as for the accommodation of EUMM Georgia personnel;

               (g)

               ‘Personnel employed locally’ shall mean personnel who are nationals of or holders of permanent resident permit in the Host State;

               (h)

               ‘Contractor’ shall mean any person supplying to EUMM Georgia goods and/or services related to EUMM Georgia activities.

         Article 2
   General provisions
   1.   EUMM Georgia and EUMM Georgia personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the mission.
   2.   EUMM Georgia shall be autonomous with regard to the execution of its functions under the present Agreement. The Host State shall respect the unitary and international nature of EUMM Georgia.
   3.   The Head of Mission shall regularly inform the government of the Host State of the number of EUMM Georgia personnel stationed within the Host State’s territory.
   Article 3
   Identification
   1.   EUMM Georgia personnel shall be provided with, and identified by, EUMM Georgia identification cards issued by the Ministry of Foreign Affairs of the Host State, which they shall be obliged to carry with them at all times. The relevant authorities of the Host State shall be provided with a specimen of an EUMM Georgia identification card.
   2.   Vehicles and other means of transport of EUMM Georgia shall bear distinctive EUMM Georgia identification markings, an example of which shall be provided to the relevant authorities of the Host State, and/or specific diplomatic licence plates issued by the relevant authorities of the Host State.
   3.   EUMM Georgia shall have the right to display the flag of the EU at its headquarters and elsewhere, alone or together with the flag of the Host State, as decided by the Head of Mission. National flags or insignia of the constituent national elements of EUMM Georgia may be displayed on EUMM Georgia premises, vehicles and uniforms, as decided by the Head of Mission.
   Article 4
   Border crossing and movement within the Host State’s territory
   1.   EUMM Georgia personnel and EUMM Georgia assets and means of transport shall cross the border of the Host Party at official border crossings, sea ports and via international air corridors.
   2.   The Host Party shall facilitate the entry into and the departure from the territory of the Host State for EUMM Georgia and EUMM Georgia personnel. Except for passport control on entry into and departure from the territory of the Host State, EUMM Georgia personnel, with proof of membership of the Mission, shall be exempt from passport, customs control and procedures, visa and immigration regulations and any form of immigration inspection within the host territory.
   3.   EUMM Georgia personnel shall be exempt from the regulations of the Host State governing the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.
   4.   EUMM Georgia assets and means of transport entering, transiting or exiting the Host State’s territory in support of EUMM Georgia shall be exempt from any customs control and procedure.
   5.   Vehicles and aircraft used in support of the Mission shall not be subject to local licensing or registration requirements. Relevant international standards and regulations shall continue to apply.
   If required, supplementary arrangements as referred to in Article 20 shall be concluded.
   6.   EUMM Georgia personnel may drive motor vehicles, navigate vessels and operate aircraft within the territory of the Host State provided they have valid national or international driving licences, shipmasters’ certificates or pilot licences, as appropriate. The Host State shall accept as valid, without tax or fee, driving licences or permits carried by EUMM Georgia personnel.
   7.   EUMM Georgia and EUMM Georgia personnel together with their vehicles, aircraft or any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host State, including its territorial sea and airspace. If necessary, supplementary arrangements may be concluded in accordance with Article 20 of the present Agreement.
   8.   For the purpose of the Mission, EUMM Georgia personnel, and local personnel employed by EUMM Georgia when travelling on official duties, may use roads, bridges ferries, airports and ports without payment of duties, fees, tolls, taxes or other charges. EUMM Georgia shall not be exempt from reasonable charges for services requested and received under the conditions that apply to those provided to the Host State’s personnel.
   9.   EUMM Georgia assets and means of transport which entered, transited or exited the Host State’s territory in support of EUMM Georgia before the entry into force of this Agreement shall be exempted from any customs control and procedure.
   Article 5
   Privileges and immunities of EUMM Georgia granted by the Host State
   1.   EUMM Georgia’s facilities shall be inviolable. The Host State’s agents shall not enter them without the consent of the Head of Mission.
   2.   EUMM Georgia’s facilities, their furnishings and other assets therein as well as their means of transport shall be immune from search, requisition, attachment or execution.
   3.   EUMM Georgia, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.
   4.   EUMM Georgia’s archives and documents shall be inviolable at any time, wherever they may be.
   5.   The official correspondence of EUMM Georgia shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.
   6.   In respect of purchased and imported goods, services provided and facilities used by it for the purposes of the mission, EUMM Georgia, shall be exempt from all national, regional and communal dues, taxes and charges of a similar nature. EUMM Georgia shall not be exempt from payment for services rendered.
   7.   The Host State shall permit the entry of articles for the mission and grant them exemption from all import, export and transit permissions, licences, customs duties, fees, tolls, taxes and similar charges other than charges for storage, cartage and other services rendered.
   Article 6
   Privileges and immunities of EUMM Georgia personnel granted by the Host State
   1.   EUMM Georgia personnel shall not be liable to any form of arrest or detention, in accordance with international law.
   2.   Papers, correspondence and property of EUMM Georgia personnel shall enjoy inviolability, except in case of measures of execution which are permitted pursuant to paragraph 6 of this Article.
   3.   EUMM Georgia personnel shall enjoy immunity from the criminal jurisdiction of the Host State under all circumstances. The immunity from criminal jurisdiction of EUMM Georgia personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be express.
   4.   EUMM Georgia personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EUMM Georgia personnel before any Host State court, the Head of Mission and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the Head of Mission and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by EUMM Georgia personnel in the exercise of their official functions. If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 17 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the Head of Mission and the competent authority of the Sending State or EU institution is binding upon the jurisdiction of the Host State who may not contest it.
   The initiation of proceedings by EUMM Georgia personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   5.   EUMM Georgia personnel are not obliged to give evidence as witnesses.
   6.   No measures of execution may be taken in respect of EUMM Georgia personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUMM Georgia personnel, which is certified by the Head of Mission to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings EUMM Georgia personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   The immunity of EUMM Georgia personnel from the jurisdiction of the Host State does not exempt them from the jurisdictions of the respective Sending States.
   8.   EUMM Georgia personnel shall with respect to services rendered for EUMM Georgia be exempt from social security provisions which may be in force in the Host State.
   9.   EUMM Georgia personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUMM Georgia or the Sending States, as well as on any income received from outside the Host State.
   10.   The Host State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on articles for the personal use of EUMM Georgia personnel. The Host State shall also allow the export of such articles. For goods and services purchased on the domestic market EUMM Georgia personnel shall be exempt from VAT (the price shall not include VAT) and taxes according to the laws of the Host Party.
   11.   The personal baggage of EUMM Georgia personnel shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles that are not for the personal use of EUMM Georgia personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the concerned EUMM Georgia personnel or of an authorised representative of EUMM Georgia.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the mission.
   Article 8
   Tax exemptions for contractors
   1.   The supply of goods and/or services to EUMM Georgia by a contractor shall be exempt from indirect taxes (the price shall not include tax).
   2.   The import of goods by a contractor, purchased for activities of EUMM Georgia, shall be exempt from all customs duties, including VAT.
   3.   EUMM Georgia shall incur no liability or responsibility to the Host State authorities for any failure of contractors to comply with Georgian laws regarding taxes.
   4.   In cooperation with EUMM Georgia, the Ministry of Finance of Georgia shall elaborate arrangements for implementing the tax exemptions envisaged by this Article.
   Article 9
   Disciplinary powers
   The competent authorities of a Sending State shall have the right to exercise, on the territory of the Host State, all disciplinary powers conferred on them by the law of the Sending State with regard to all EUMM Georgia personnel subject to the relevant law of the Sending State.
   Article 10
   Security
   1.   The Host State, through its own capabilities, shall assume full responsibility for the security of EUMM Georgia personnel.
   2.   To that end, the Host State shall take all necessary measures for the protection, safety and security of EUMM Georgia and EUMM Georgia personnel. Any specific provisions, proposed by the Host State, shall be agreed with the Head of Mission before implementation. The Host State shall permit and support free of any charge activities relating to the medical evacuation of EUMM Georgia personnel. If required, supplementary arrangements as referred to in Article 20 shall be concluded.
   Article 11
   Uniform
   1.   EUMM Georgia personnel shall wear national uniform or civilian dress with distinctive EUMM Georgia identification.
   2.   The wearing of uniform shall be subject to rules issued by the Head of Mission.
   Article 12
   Cooperation and access to information
   1.   The Host State shall provide full cooperation and support to EUMM Georgia and EUMM Georgia personnel.
   2.   If requested and necessary for the accomplishment of the EUMM Georgia mission, the Host State shall provide EUMM Georgia personnel with effective access to:

               —

               buildings, facilities, locations and official vehicles owned, leased or occupied by the Host State relevant to the mandate of EUMM Georgia,

               —

               necessary documents, materials and information, within the control of the Host State, for the fulfilment of the mandate of EUMM Georgia.

         If required, supplementary arrangements as referred to in Article 20 shall be concluded.
   3.   The Head of Mission and the Host State shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level. The Host State may appoint a liaison officer to EUMM Georgia.
   Article 13
   Host State support and contracting
   1.   The Host State agrees, if requested, to assist EUMM Georgia in finding suitable facilities.
   2.   The Host State shall provide free of charge, if required and available, facilities owned by the Host State, in so far as such facilities are requested for the conduct of administrative and operational activities of EUMM Georgia.
   3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment and execution of and support for the Mission, including co-location facilities and equipment for EUMM Georgia experts.
   4.   The Host State’s assistance and support of the mission shall be provided under the same conditions as the assistance and support given to the Host State’s citizens.
   5.   EUMM Georgia shall have the necessary legal capacity under the laws and regulations of the Host State in order to fulfil its mission, and in particular for the purpose of opening bank accounts and to acquire or dispose of movable property and to be party to legal proceedings.
   6.   The law applicable to contracts concluded by EUMM Georgia in the Host State shall be determined by the respective contracts.
   7.   The contract may stipulate that the dispute settlement procedure referred to in Article 17(3) and (4) shall be applicable to disputes arising from the application of the contract.
   8.   The Host State shall facilitate the implementation of contracts concluded by EUMM Georgia with commercial entities for the purpose of the operation.
   Article 14
   Change to facilities
   1.   EUMM Georgia shall be authorised to construct, alter or otherwise modify facilities as requested for its operational requirements.
   2.   No compensation shall be requested from EUMM Georgia by the Host State for those constructions, alterations or modifications.
   Article 15
   Deceased EUMM Georgia personnel
   1.   The Head of Mission shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUMM Georgia personnel, as well of their personal property.
   2.   No autopsy shall be performed on any deceased members of EUMM Georgia without the agreement of the State concerned, and the presence of a representative of EUMM Georgia and/or the State concerned.
   3.   The Host State and EUMM Georgia shall cooperate to the fullest extent possible with a view to early repatriation of deceased EUMM Georgia personnel.
   Article 16
   Communications
   1.   EUMM Georgia may install and operate radio sending and receiving stations, as well as satellite systems. They shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge.
   2.   EUMM Georgia shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUMM Georgia facilities, including the laying of cables and land lines for the purpose of the operation.
   3.   Within their own facilities EUMM Georgia may make the arrangements necessary for the conveyance of mail addressed to and from EUMM Georgia and/or EUMM Georgia personnel.
   Article 17
   Claims for death, injury, damage and loss
   1.   EUMM Georgia and EUMM Georgia personnel shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of EUMM Georgia.
   2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EUMM Georgia property, shall be forwarded to EUMM Georgia via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far claims brought by EUMM Georgia are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUMM Georgia and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall:

               (a)

               for claims up to and including EUR 40 000, be settled by diplomatic means between the Host State and EU representatives;

               (b)

               for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decisions of which shall be binding.

         5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUMM Georgia and the third one being appointed jointly by the Host State and EUMM Georgia. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUMM Georgia on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Communities.
   6.   An administrative arrangement shall be concluded between EUMM Georgia and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 18
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be examined jointly by representatives of EUMM Georgia and the Host State’s competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.
   Article 19
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EUMM Georgia and of EUMM Georgia personnel, the government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State local authorities.
   2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUMM Georgia under other agreements.
   Article 20
   Implementing arrangements
   For purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the Head of Mission and the Host State’s administrative authorities.
   Article 21
   Final provisions
   1.   This Agreement shall enter into force on the date of receiving, through diplomatic channels, of the last written notification about the fulfilment by the Parties of internal procedures necessary for the entry into force of this Agreement.
   2.   Notwithstanding paragraph 1, the provisions contained in Articles 4(8), 5(1) to (3), 5(6), 5(7), 6(1), 6(3), 6(4), 6(6), 6(8) to (10), 14 and 17 shall be deemed to have applied from the date on which the first EUMM Georgia personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   3.   Changes and amendments to this Agreement shall be made by the mutual consent of the Parties in writing. Changes and amendments shall be executed as separate protocols, which form an integral part of this Agreement and shall enter into force in accordance with the rule of Article 21(1) of this Agreement.
   4.   This Agreement shall remain valid unless either Party informs the other Party in writing of its desire to terminate this Agreement. The termination of this Agreement shall enter into force after six months from the date of receiving such notification. Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at, on, in two original copies, in the English language.

            For the European Union

            For Georgia


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The Schengen acquis - Decision of the Executive Committee of 14 December 1993 concerning the declarations by the Ministers and State Secretaries (SCH/Com-ex (93) 10)

Official Journal L 239 , 22/09/2000 P. 0127 - 0128

DECISION OF THE EXECUTIVE COMMITTEEof 14 December 1993concerning the declarations by the Ministers and State Secretaries(SCH/Com-ex (93)10)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,HAS DECIDED AS FOLLOWS:The declarations by the Ministers and State Secretaries of 19 June 1992(1) and 30 June 1993 regarding the bringing into force of the Implementing Convention and the fulfilment of the prerequisites are hereby confirmed.Paris, 14 December 1993.The ChairmanA. Lamassoure(1) The declarations of 19 June 1992 have not been taken over in the acquis.DECLARATION OF THE MINISTERS AND STATE SECRETARIESMadrid, 30 June 1993.SCH/M (93) 141. The Ministers and State Secretaries hereby agree to set the political goal of applying the 1990 Schengen Convention as of 1 December 1993.2. The Ministers and State Secretaries note that the following preconditions have been fulfilled:- the Common Manual,- the arrangements for issuing the uniform visa and the Common Consular Instructions on Visas,- the examination of applications for asylum,- the airports, as agreed in the Declaration of the Ministers and State Secretaries of 19 June 1992.Great progress has been made in respect of the other preconditions, which have already been fulfilled to such an extent that the said application ought to be possible as of 1 December 1993. To this end, and in compliance with the 1990 Schengen Convention, additional efforts are necessary to give effect to the agreements already reached on external border controls and drugs.The Ministers and State Secretaries confirm that an operational SIS is an essential condition for the abolition of controls at the internal borders. Significant progress has been accomplished in this area. They agree to step up work to enable the SIS to be brought into operation by degrees as the States successfully complete the tests and bring their N.SISs into operation.3. At its meeting in October the Executive Committee will take final stock of progress made in realising the additional efforts mentioned above.4. The 1990 Schengen Convention will apply in all the Member States which have fulfilled the preconditions and have an operational N.SIS.To this end, all the Member States undertake to make all the necessary arrangements to complete the national procedures required for ratification of the Convention and the Accession Agreements.5. The Ministers and State Secretaries agree that the original Signatory States to the 1990 Schengen Convention which have not already done so must deposit their instruments of ratification as soon as possible and at the latest on a date which will allow the deadline set in paragraph 1 to be respected. Those Member States which have not already done so also agree to deposit, as soon as possible and at the latest on a date which will allow the deadline set in paragraph 1 to be respected, their instruments ratifying the Accession Agreements of those States whose N.SISs are being integrated into the system. This undertaking will also apply as the other acceding States reach the same stage with regard to their respective N.SISs.The Ministers and State Secretaries agree that the Declaration on Article 139 in the Final Act of the Convention implies that the bringing into force of the Convention is subject to an Executive Committee Decision which must be adopted as soon as the preconditions have been fulfilled.


title: Council Decision 2011/221/CFSP of 6 April 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire

text:
               7.4.2011

               EN

               Official Journal of the European Union

               L 93/20

         COUNCIL DECISION 2011/221/CFSP
   of 6 April 2011
   amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 29 October 2010, the Council adopted Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (1).

               (2)

               On 30 March 2011, the United Nations Security Council adopted Resolution 1975 (‘UNSCR 1975 (2011)’) imposing targeted sanctions against additional individuals who meet the criteria set out in Resolution 1572 (2004) and subsequent Resolutions, including those individuals who obstruct peace and reconciliation in Côte d’Ivoire, obstruct the work of the United Nations Operation in Côte d’Ivoire (UNOCI) and other international actors in Côte d’Ivoire and commit serious violations of human rights and international humanitarian law.

               (3)

               In view of the seriousness of the situation in Côte d’Ivoire, additional restrictive measures should be imposed.

               (4)

               Moreover, the lists of persons and entities subject to restrictive measures set out in Annexes I and II to Decision 2010/656/CFSP should be amended.

               (5)

               In addition, it is necessary to clarify certain provisions of Decision 2010/656/CFSP,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/656/CFSP is hereby amended as follows:

               (1)

               in Article 5, the following paragraphs are inserted:
               ‘3a.   With regard to persons and entities listed in Annex II, Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are necessary for humanitarian purposes after notification in advance to the other Member States and to the Commission.
               3b.   Paragraph 1(b) shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1(b).’;

               (2)

               the following Article is inserted:
               ‘Article 5a
               It shall be prohibited:

                           (a)

                           to purchase, broker or assist in the issue of bonds or securities issued or guaranteed after 6 April 2011 by the illegitimate government of Mr Laurent GBAGBO, as well as by persons or entities acting on its behalf or under its authority, or by entities owned or controlled by it. By way of exception, financial institutions shall be authorised to purchase such bonds or securities of corresponding value to bonds and securities already held by them and which are due to mature;

                           (b)

                           to provide loans, in any form, to the illegitimate government of Mr Laurent GBAGBO, as well as to persons or entities acting on its behalf or under its authority, or by entities that it owns or controls.

                     The purchase, brokering and assistance in the issue of bonds and securities and the provision of loans referred to in points (a) and (b) shall not give rise to any liability of any kind on the part of natural and legal persons, entities and bodies concerned if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibitions in question.’;

               (3)

               the following Article is inserted:
               ‘Article 9a
               In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.’;

               (4)

               in Article 10, the following paragraph is added:
               ‘4.   The measures referred to in Article 5(2), as far as ports listed in Annex II are concerned, shall be reviewed no later than 1 June 2011.’.

         Article 2
   1.   The persons listed in part A of Annex I to this Decision shall be deleted from the list set out in Annex II to Decision 2010/656/CFSP and shall be added to the list set out in Annex I to Decision 2010/656/CFSP.
   2.   The person listed in part B of Annex I to this Decision shall be added to the list set out in Annex I to Decision 2010/656/CFSP.
   3.   The persons listed in Annex II to this Decision shall be added to the list set out in Annex II to Decision 2010/656/CFSP.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 April 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 285, 30.10.2010, p. 28.

      ANNEX I
      PART A
      1.   Laurent GBAGBO

      Date of birth: 31 May 1945
      Place of birth: Gagnoa, Côte d’Ivoire
      Former President of Côte d’Ivoire: obstruction of the peace and reconciliation process, rejection of the results of the presidential election.
      Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010)
      2.   Simone GBAGBO

      Date of birth: 20 June 1949
      Place of birth: Moossou, Grand-Bassam, Côte d’Ivoire
      Chairperson of the Parliamentary Group of the Ivorian Popular Front (FPI): obstruction of the peace and reconciliation process, public incitement to hatred and violence.
      Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010)
      3.   Désiré TAGRO

      Passport number: PD–AE 065FH08
      Date of birth: 27 January 1959
      Place of birth: Issia, Côte d’Ivoire
      Secretary-General in the so-called ‘presidency’ of Mr GBAGBO: participation in the illegitimate government of Mr GBAGBO, obstruction of the peace and reconciliation process, rejection of the results of the presidential election, participation in violent repressions of popular movements.
      Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010)
      4.   Pascal AFFI N’GUESSAN

      Passport number: PD-AE 09DD00013.
      Date of birth: 1 January 1953
      Place of birth: Bouadriko, Côte d’Ivoire
      Chairman of the Ivorian Popular Front (FPI): obstruction of the peace and reconciliation process, incitement to hatred and violence.
      Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010)
      PART B
      1.   Alcide DJÉDJÉ

      Date of birth: 20 October 1956
      Place of birth: Abidjan, Côte d’Ivoire
      Close advisor to Mr GBAGBO: participation in the illegitimate government of Mr GBAGBO, obstruction of the peace and reconciliation process, public incitement to hatred and violence.
      Date of UN designation: 30.3.2011

      ANNEX II

         Persons and entities referred to in Article 2(3)

      A.   Persons

                  Name (and any aliases)

                  Identifying information

                  Grounds for designation

                  1.

                  Diali Zie

                  Director of the main agency of the BCEAO (Central Bank of West African States); is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  2.

                  Togba Norbert

                  Inspector-General of the Treasury; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  3.

                  Kone Doféré

                  Collector-General of taxes; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  4.

                  Hanny Tchélé Brigitte, wife of Mr Etibouo

                  Documentary film producer.
                  Incitement to hatred and violence.

                  5.

                  Jacques Zady

                  Producer for Radiodiffusion Télévision Ivoirienne (RTI).
                  Incitement to hatred and violence.

                  6.

                  Ali Keita

                  Chief editor of Le Temps daily newspaper.
                  Incitement to hatred and violence.

                  7.

                  Kla Koué Sylvanus

                  De facto Director-General of the Côte d'Ivoire Telecommunications Agency and Chairman of San-Pedro General Council.
                  Incitement to hatred and violence.

                  8.

                  Mamadou Ben Soumahoro

                  Member of the National Assembly.
                  Incitement to hatred and violence

                  9.

                  Sokouri Bohui

                  Member of the National Assembly, managing editor of Notre Voie daily newspaper and FPI Secretary-General responsible for elections.
                  Incitement to hatred and violence.

                  10.

                  Blon Siki Blaise

                  Self-styled High Authority for the Development of the West.
                  Incitement to hatred and violence.

                  11.

                  Pastor Kore Moïse

                  Spiritual Advisor to Mr Laurent Gbagbo.
                  Incitement to hatred and violence.

                  12.

                  Moustapha Aziz

                  Advisor to the Côte d'Ivoire Representation to UNESCO.
                  Incitement to hatred and violence.

                  13.

                  Gnamien Yao

                  Former Minister.
                  Incitement to hatred and violence.

                  14.

                  Zakaria Fellah

                  Special Advisor to Mr Laurent Gbagbo; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  15.

                  Ghislain N'Gbechi

                  Official at the Permanent Mission of Côte d'Ivoire in New York; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  16.

                  Charles Kader Gore

                  Businessman; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  17.

                  Maitre Sanogo Yaya

                  Barrister practising in Côte d'Ivoire; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  18.

                  Kadio Morokro Mathieu

                  Chairman of PETROIVOIRE; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  19.

                  Marcellin Zahui

                  Managing Director of the illegally nationalised CNCE (Caisse National de Crédit et d'Epargne [national credit and savings bank]) and Director of BICICI (Banque Internationale pour le Commerce et l'Industrie de la Côte d'Ivoire [Côte d'Ivoire international bank for trade and industry]); is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  20.

                  Jean-Claude N'Da Ametchi

                  Managing Director of Versus Bank, Director of the illegally nationalised SGBCI (Société Générale de Banques en Côte d'Ivoire [Côte d'Ivoire banking company]); is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  21.

                  Anatole Kossa

                  Vice-President of CGFCC [coffee and cocoa sector management committee]. Adviser to former president Gbagbo in farm sector since 1 January 2010; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  22.

                  Alexandre Kouadio

                  Provisional director of ARCC [coffee and cocoa regulatory authority]; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  23.

                  Célestin N'Guessan

                  Provisional director of FDPCC [coffee and cocoa producers business development and promotion fund]; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  24.

                  Claudine Lea Yapobi, née Yehiry

                  Provisional director of the FRC (regulation and supervision fund) and the BCC [coffee and cocoa exchange]; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  25.

                  Deby Dally Balawourou

                  Journalist, President of the Conseil National de la Presse [national press council]; incitement to hatred and violence

                  26.

                  Wenceslas Appiah

                  Managing Director of BFA [bank for the financing of agriculture]; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.

                  27.

                  Hubert Houlaye

                  Chairman of the board of directors of the Banque Nationale d'Investissements [national investment bank]; is helping to fund the illegitimate administration of Mr Laurent Gbagbo.