EUROPEAN
concerning an independent international
fact-finding mission on the conflict in
THE COUNCIL OF THE EUROPEAN
Having regard to the Treaty on European Union, and in particular Article 13(3) and Article 23(1)
thereof, 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.
(2) On 15 September 2008, the Council supported the
idea of an independent international inquiry into the conflict in
(3) Ms Heidi TAGLIAVINI should be appointed as head of
this fact-finding mission,
HAS DECIDED
AS FOLLOWS:
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
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 (Including the Helsinki Final Act),
humanitarian law and human rights, and the accusations made in that context (Including
allegations of war crimes).
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 Organisation
for Security and Cooperation in Europe (OSCE) and the United Nations (UN), in
the form of a report.
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.
Article 2
Financing
1. The financial reference amount intended to cover
the expenditure related to the implementation of the fact-finding mission shall
be EUR 1 600 000 for the period from 2 December 2008 to 31 July 2009.
2. The expenditure financed by the amount stipulated
in paragraph 1 shall be eligible as from 2 December 2008.
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.
4. The head of the fact-finding mission shall be
accountable to the Commission for all expenditure.
Article 3
Composition of the fact-finding mission
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 4
Assessment
The implementation of this Decision shall be reviewed
by the Council before 31 July 2009.
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.
Done at
For the Council,
The President
C. LAGARDE
(http://eur-ex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:323:0066:0066:EN:PDF)