LexUriServ 2008_901_CFSP.pdf

L 323/66

Official Journal of the European Union

3.12.2008

COUNCIL DECISION 2008/901/CFSP

of 2 December 2008

concerning an independent international fact-finding mission on the conflict in Georgia

THE COUNCIL OF THE EUROPEAN UNION,

mission shall be EUR 1 600 000 for the period from

2 December 2008 to 31 July 2009.

Having regard to the Treaty on European Union, and in

particular Article 13(3) and Article 23(1) thereof,

2. The expenditure financed by the amount stipulated in

paragraph 1 shall be eligible as from 2 December 2008.

Whereas:

(1) On 1 September 2008, the European Council stated that

the European Union is ready to commit itself to support

every effort to secure a peaceful and lasting solution to

the conflicts in Georgia, and that it is ready to support

confidence-building measures.

3. The expenditure shall be managed in accordance with the

rules and procedures applicable to the general budget of the

European Communities. The management of the expenditure

shall be subject to a contract between the head of the fact-

finding mission and the Commission.

(2) On 15 September 2008, the Council supported the idea

of an independent international inquiry into the conflict

in Georgia.

4. The head of the fact-finding mission shall be accountable

to the Commission for all expenditure.

(3) Ms Heidi TAGLIAVINI should be appointed as head of this

fact-finding mission,

Article 3

Composition of the fact-finding mission

HAS DECIDED AS FOLLOWS:

The composition of the fact-finding mission shall be decided by

the head of mission. It shall comprise recognised experts, in

particular lawyers, historians, military staff and human rights

experts.

Article 1

Head of the independent international fact-finding mission

and terms of reference

1. Ms Heidi TAGLIAVINI is hereby appointed head of the

independent international fact-finding mission on the conflict

in Georgia, hereinafter

the fact-finding mission

, for the period

Article 4

Assessment

The implementation of this Decision shall be reviewed by the

Council before 31 July 2009.

from 2 December 2008 to 31 July 2009.

2. The aim of the fact-finding mission shall be to investigate

the origins and the course of the conflict in Georgia, including

with regard to international law ( 1 ), humanitarian law and

human rights, and the accusations made in that context ( 2 ).

The geographical scope and time span of the investigation

will be sufficiently broad to determine all the possible causes

of the conflict. The results of the investigation will be presented

to the parties to the conflict, and to the Council, the Organis

ation for Security and Cooperation in Europe (OSCE) and the

United Nations (UN), in the form of a report.

Article 5

Entry into effect and expiry

This Decision shall take effect on the day of its adoption.

It shall expire on 31 July 2009.

Article 6

Publication

This Decision shall be published in the Official Journal of the

European Union .

3. The head of the fact-finding mission shall be responsible

for the implementation of the fact-finding mission. She shall

determine, in complete independence, the procedures and

working methods of the fact-finding mission, and the content

of the report referred to in paragraph 2.

Done at Brussels, 2 December 2008.

Article 2

Financing

For the Council

The President

C. LAGARDE

1. The financial reference amount intended to cover the

expenditure related to the implementation of the fact-finding

( 1 ) Including the Helsinki Final Act.

( 2 ) Including allegations of war crimes.

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