Council Regulation (EU) 2023/331 of 14 February 2023 amending certain Council regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption
Council Regulation (EU) 2023/331of 14 February 2023amending certain Council regulations concerning restrictive measures in order to insert provisions on a humanitarian exemptionTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission,Whereas:(1)The European Union is able to impose restrictive measures, including the freezing of funds and economic resources against designated natural or legal persons, entities and bodies. Council regulations give effect to such measures.(2)On 9 December 2022, the United Nations Security Council (the "UNSC") adopted Resolution 2664 (2022). Paragraph 1 of that Resolution introduces an exemption to the sanctions in the form of asset freezes imposed by the Security Council or by its Sanctions Committees for humanitarian assistance and other activities that support basic human needs, applicable to certain actors. For the purposes of this Regulation, paragraph 1 of Resolution 2664 (2022) is termed the "humanitarian exemption".(3)On 14 February 2023, the Council adopted Decision (CFSP) 2023/338See page 50 of this Official Journal. to give effect to Resolution 2664 (2022) in Union law.(4)Resolution 2664 (2022) emphasises that where the humanitarian exemption conflicts with previous resolutions, it is to supersede such previous resolutions to the extent of such conflict. However, Resolution 2664 (2022) clarifies that paragraph 1 of UNSC Resolution 2615 (2021) remains in effect.(5)Resolution 2664 (2022) requests that providers relying on the humanitarian exemption make reasonable efforts to minimise the accrual of any benefits prohibited by sanctions, whether as a result of direct or indirect provision or diversion, to individuals or entities listed under the relevant Regulation, including by strengthening risk management and due diligence strategies and processes.(6)The amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States.(7)Council Regulations (EC) No 1210/2003Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (OJ L 169, 8.7.2003, p. 6)., (EC) No 305/2006Council Regulation (EC) No 305/2006 of 21 February 2006 imposing specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri (OJ L 51, 22.2.2006, p. 1)., (EU) No 356/2010Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia (OJ L 105, 27.4.2010, p. 1)., (EU) No 224/2014Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic (OJ L 70, 11.3.2014, p. 1)., (EU) No 1352/2014Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ L 365, 19.12.2014, p. 60)., and (EU) 2022/2309Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (OJ L 307, 28.11.2022, p. 17). should be amended accordingly,HAS ADOPTED THIS REGULATION: