Restrictive measures in view of the situation in Bosnia and Herzegovina

SUMMARY OF:

Decision 2011/173/CFSP concerning restrictive measures in view of the situation in Bosnia and Herzegovina

WHAT IS THE AIM OF THE DECISION?

It is part of the European Union’s (EU) common foreign and security policy (CFSP) tool box, promoting the CFSP objectives, by providing the legal basis for EU ‘sanctions’ against any persons (individuals or entities) aiming to destabilise Bosnia and Herzegovina.

KEY POINTS

The decision, which has been amended numerous times:

targets persons, and those associated with them, listed in the annex (so far none have been) whose activities:
- undermine Bosnia and Herzegovina’s sovereignty, territorial integrity, constitutional order and international personality,
- threaten the country’s security,
- undermine the 1995 Dayton/Paris General Framework Agreement for Peace, ending the 3½-year Bosnian war;
covers the following sanctions:
- a refusal of entry into, or transit through, EU territory,
- freezing of all funds* and economic resources*,
- a prohibition of providing funds or economic resources to those natural or legal persons.

The persons subject to these measures are listed in the annexes to the decision. The Council of the European Union establishes the list and decides on changes to that list, following a proposal by an EU Member State or the High Representative of the Union for Foreign Affairs and Security Policy.

Derogations

The decision contains certain exemptions from the bans and restrictions. These allow:

Member States to permit travel if they are:
- hosting an international intergovernmental organisation or UN conference;
- bound by a multilateral agreement on privileges and immunities;
- covered by the 1929 Treaty of Conciliation (Lateran Pact) between the Holy See and Italy.

The following travel grounds and fund types are also exempt:

urgent humanitarian need;
attendance at intergovernmental meetings promoting democracy, human rights and the rule of law in Bosnia and Herzegovina;
funds, under certain conditions, for:
- basic needs, such as food and medical expenses, for the individuals listed and their dependent family members,
- professional fees and service charges,
- extraordinary expenses.

FROM WHEN DOES THE DECISION APPLY?

It has applied since 21 March 2011 and its application has been extended until 31 March 2024.

BACKGROUND

For further information, see:

Delegation of the European Union to Bosnia and Herzegovina and European Union Special Representative in Bosnia and Herzegovina (European External Action Service)
Bosnia and Herzegovina: Council extends sanctions regime until 31 March 2024 – press release (Council of the European Union).

KEY TERMS

Funds. Financial assets and benefits of every kind.

Economic resources. All tangible and intangible assets.

MAIN DOCUMENT

Council Decision 2011/173/CFSP of 21 March 2011 concerning restrictive measures in view of the situation in Bosnia and Herzegovina (OJ L 76, 22.3.2011, pp. 68–71).

Successive amendments to Decision 2011/173/CFSP have been incorporated into the original text. This consolidated version is of documentary value only.