Question by Sahra Wagenknecht, 25 October 2005

Is the Commission aware that German financial authorities are using an EC regulation as a means of seriously impeding the defence of Slobodan Milosevic before the International Criminal Tribunal for the Former Yugoslavia by confiscating donations collected for a legal aid fund?

Answer given by Mrs Ferrero-Waldner on behalf of the Commission, 13 December 2005

Council Regulation (EC) No 2488/2000 of 10 November 2000 maintains a freeze of funds in relation to Mr Milosevic and those persons associated with him(1). This regulation prohibits, inter alia, funds being made available to former President Slobodan Milosevic and the participation, knowingly and intentionally, in related activities, the object or effect of which is, directly or indirectly, to promote such transactions or activities.

The regulation empowers the Commission to grant exemptions for strictly humanitarian purposes, on an exceptional basis. The Commission has not received any request for an exemption for the collection of funds for a legal aid fund which would assist former President Milosevic.

The collection of funds for this purpose is, therefore, in breach of Regulation (EC) No 2488/2000. Each Member State is required to determine effective, proportionate and dissuasive sanctions to be imposed where the provisions of this regulation are infringed.

(1) OJ L 287, 14.11.2000 and amended by Commission Regulation (EC) No 1205/2001 of 19 June 2001, OJ L 163, 20.6.2001.