EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 02011D0173-20231129
Council Decision 2011/173/CFSP of 21 March 2011 concerning restrictive measures in view of the situation in Bosnia and Herzegovina
Consolidated text: Council Decision 2011/173/CFSP of 21 March 2011 concerning restrictive measures in view of the situation in Bosnia and Herzegovina
Council Decision 2011/173/CFSP of 21 March 2011 concerning restrictive measures in view of the situation in Bosnia and Herzegovina
02011D0173 — EN — 29.11.2023 — 012.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COUNCIL DECISION 2011/173/CFSP of 21 March 2011 concerning restrictive measures in view of the situation in Bosnia and Herzegovina (OJ L 076 22.3.2011, p. 68) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
L 80 |
17 |
20.3.2012 |
||
L 75 |
33 |
19.3.2013 |
||
L 87 |
95 |
22.3.2014 |
||
L 77 |
17 |
21.3.2015 |
||
L 85 |
47 |
1.4.2016 |
||
L 84 |
6 |
30.3.2017 |
||
L 77 |
17 |
20.3.2018 |
||
L 80 |
39 |
22.3.2019 |
||
L 89 |
4 |
24.3.2020 |
||
L 108 |
59 |
29.3.2021 |
||
L 91 |
22 |
18.3.2022 |
||
L |
1 |
28.11.2023 |
COUNCIL DECISION 2011/173/CFSP
of 21 March 2011
concerning restrictive measures in view of the situation in Bosnia and Herzegovina
Article 1
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of those persons whose activities:
undermine the sovereignty, territorial integrity, constitutional order and international personality of Bosnia and Herzegovina;
seriously threaten the security situation in Bosnia and Herzegovina; or
undermine the Dayton/Paris General Framework Agreement for Peace and the Annexes thereto, including measures established in the implementation of the said Agreement;
and persons associated with them, as listed in the Annex.
Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
as a host country to an international intergovernmental organisation;
as a host country to an international conference convened by, or under the auspices of, the UN;
under a multilateral agreement conferring privileges and immunities; or
under the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (State of the Vatican City) and Italy.
Article 2
All funds and economic resources belonging to, owned, held or controlled by persons whose activities:
undermine the sovereignty, territorial integrity, constitutional order and international personality of Bosnia and Herzegovina;
seriously threaten the security situation in Bosnia and Herzegovina; or
undermine the Dayton/Paris General Framework Agreement for Peace and the Annexes thereto, including measures established in the implementation of the said Agreement;
and natural or legal persons associated with them, as listed in the Annex, shall be frozen.
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 such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of the natural persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or
necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.
A Member State shall inform the other Member States and the Commission of any authorisation it grants under this paragraph.
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:
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 paragraph 1 was included in the Annex, or of a judicial, administrative or arbitral judgment rendered prior to that date;
the funds or economic resources will be used exclusively to 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 claims;
the lien or judgment is not for the benefit of a natural or legal person listed in the Annex; and
recognising the lien or judgement is not contrary to public policy in the Member State concerned.
A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
Paragraph 2 shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts; or
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Decision;
provided that any such interest, other earnings and payments remain subject to paragraph 1.
Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:
the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;
international organisations;
humanitarian organisations having observer status with the UN General Assembly and members of those humanitarian organisations;
bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN Office for the Coordination of Humanitarian Affairs;
organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;
Member States’ specialised agencies; or
the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.
Article 3
Article 4
Article 5
In order to maximise the impact of the restrictive measures laid down in this Decision, the Union shall encourage third States to adopt similar measures.
Article 6
This Decision shall enter into force on the date of its adoption.
This Decision shall apply until 31 March 2024.
This Decision 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.
The exceptions referred to in Article 2(7) and (8) as regards Article 2(1) and (2) shall be reviewed at regular intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the Commission following a fundamental change in circumstances.
ANNEX
List of natural and legal persons referred to in Articles 1 and 2
…