THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),

NOTING that the European Community Monitoring Mission ("ECMM") has consented to the use by the Office of the Prosecutor ("Prosecution"), pursuant to Rule 70 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), of a number of ECMM documents which have been tendered into evidence in this case and that a number of former ECMM monitors or representatives have testified before the Trial Chamber in the course of the presentation of the Prosecution case,

NOTING the confidential and ex parte "Decision on ex parte Application for the Issuance of an order to the European Community Monitoring Mission" issued by the Trial Chamber on 3 May 2000 ("the Decision of 3 May") in which the Trial Chamber requested the Presidency of the European Union Council and the Commission of the European Community/European Union to disclose to the Defence the documents and material listed in a confidential annex to the Decision of 3 May,

NOTING the assertions made by counsel for the accused, Dario Kordic, at a hearing held on 3 August 2000 on a joint Defence "Motion to Exclude ECMM Exhibits and Testimony", that no documents have yet been produced in compliance with the Decision of 3 May,

NOTING the "Memorandum of Understanding on Monitoring Activities in Bosnia and Herzegovina" ("the Memorandum") concluded on 1 October 1991 between the then twelve members states of the European Community and the Commission on the one hand, and the Federal Authorities of the SFRY and the Republic of Bosnia and Herzegovina on the other hand,

NOTING that pursuant to "Article VII (chain of responsibility)" of the Memorandum the ECMM operates under the responsibility, and reports to, its "Head (…) who is a national of the Member State of the European Community holding the EC Council Presidency",

NOTING that the Republic of France is the member state currently holding the Presidency of the European Union Council,

CONSIDERING that Article 21 of the Statute of the International Tribunal ("Statute") provides certain minimum guarantees for the accused, including the right to a fair trial,

CONSIDERING that the Trial Chamber should use all means available to it under the Statute to assist in promoting a fair trial and, in the view of the Trial Chamber, the accused should have access to the specified documents, on the same basis as the Prosecution,

CONSIDERING that Article 29 of the Statute requires all States to comply without undue delay with any request for assistance or an order issued by a Trial Chamber of the International Tribunal,

CONSIDERING that requests for orders under Rule 54 of the Rules for a State to produce documents or information are now governed by Rule 54 bis of the Rules,

CONSIDERING that Rule 54 bis (E) of the Rules provides that if, having regard to all circumstances, a Trial Chamber has good reason for doing so, it may make an order under Rule 54 bis without giving the State concerned notice or the opportunity to be heard,

CONSIDERING ALSO that there is no reason for the Decision of 3 May to remain confidential, other than the annex thereto,

PURSUANT TO Article 29 of the Statute of the International Tribunal and Rules 54, 54 bis and 81 of the Rules,

HEREBY ORDERS as follows:

1. the confidential status of the Decision of 3 May is lifted and a copy is attached hereto;

2. the annex to the Decision of 3 May shall remain confidential;

3. no later than 30 September 2000 the Member States of the European Community at the time of entry into force of the Memorandum, namely, Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United Kingdom, the Presidency of the European Union Council and the Commission of the European Community/European Union, shall disclose to the Defence the documents and material listed in the confidential annex hereto, and

REQUESTS the Registrar of the International Tribunal to take all necessary steps to serve this Order on the States and bodies concerned, in accordance with Rule 54 bis (E) of the Rules.

Done in English and French, the English text being authoritative.

___________________________
Richard May
Presiding

Dated this fourth day of August 2000
At The Hague
The Netherlands

[Seal of the Tribunal]