Council Regulation (EU) 2023/2694 of 27 November 2023 amending certain Council Regulations concerning restrictive measures in order to insert provisions on humanitarian exceptions
Council Regulation (EU) 2023/2694of 27 November 2023amending certain Council Regulations concerning restrictive measures in order to insert provisions on humanitarian exceptionsTHE 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 the European Commission,Whereas:(1)The 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 (UNSC) adopted United Nations Security Council Resolution (UNSCR) 2664 (2022). Paragraph 1 of UNSCR 2664 (2022) states that the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs by certain actors are permitted and are not a violation of the asset freezes imposed by the UNSC or its Sanctions Committees.(3)On 14 February 2023, the Council adopted Decision (CFSP) 2023/338Council Decision (CFSP) 2023/338 of 14 February 2023 amending certain Council decisions and common positions concerning restrictive measures in order to insert provisions on a humanitarian exemption (OJ L 47, 15.2.2023, p. 50). and Regulation (EU) 2023/331Council Regulation (EU) 2023/331 of 14 February 2023 amending certain Council Regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption (OJ L 47, 15.2.2023, p. 1)., which introduced the humanitarian exemption pursuant to UNSCR 2664 (2022) in the Union restrictive measures regimes that give effect to measures decided upon by the UNSC or its Sanctions Committees. On 31 March 2023, the Council adopted Decision (CFSP) 2023/726Council Decision (CFSP) 2023/726 of 31 March 2023 amending certain Council Decisions concerning restrictive measures in order to insert provisions on a humanitarian exemption (OJ L 94, 3.4.2023, p. 48). and Regulation (EU) 2023/720Council Regulation (EU) 2023/720 of 31 March 2023 amending certain Council Regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption (OJ L 94, 3.4.2023, p. 1)., which introduced the humanitarian exemption pursuant to UNSCR 2664 (2022) in the Union restrictive measures regimes that give effect to the measures decided upon by the UNSC or its Sanctions Committees and in complementary measures decided upon by the Council.(4)In order to increase consistency and coherence across Union restrictive measures regimes and with those adopted by the UNSC or its Sanctions Committees, and to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs, the Council considers that an exemption to asset freeze measures applicable to, and to the restrictions on making funds and economic resources available to, designated natural or legal persons and entities, for the benefit of actors referred to in UNSCR 2664 (2022), organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate, organisations and agencies which are certified or recognised by a Member State, or Member States’ specialised agencies should be introduced in certain Union restrictive measures regimes. Furthermore, the Council considers that a derogation mechanism should be introduced, or an existing derogation mechanism amended, for those organisations and actors involved in humanitarian activities that cannot benefit from that exemption.(5)On 27 November 2023, the Council adopted Decision (CFSP) 2023/2686Council Decision (CFSP) 2023/2686 of 27 November 2023 amending certain Council Decisions concerning restrictive measures in order to insert provisions on humanitarian exceptions (OJ L, 2023/2686, 28.11.2023, ELI: http://data.europa.eu/eli/dec/2023/2686/oj)., amending certain Council Decisions to insert provisions on humanitarian exceptions.(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 314/2004Council Regulation (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in view of the situation in Zimbabwe (OJ L 55, 24.2.2004, p. 1)., (EU) No 1284/2009Council Regulation (EU) No 1284/2009 of 22 December 2009 concerning restrictive measures in view of the situation in Guinea (OJ L 346, 23.12.2009, p. 26)., (EU) No 101/2011Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ L 31, 5.2.2011, p. 1)., (EU) No 401/2013Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EC) No 194/2008 (OJ L 121, 3.5.2013, p. 1)., (EU) 2015/1755Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257, 2.10.2015, p. 1)., (EU) 2017/2063Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ L 295, 14.11.2017, p. 21)., (EU) 2019/796Council Regulation (EU) 2019/796 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (OJ L 129 I, 17.5.2019, p. 1)., (EU) 2019/1716Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua (OJ L 262, 15.10.2019, p. 1). and (EU) 2021/1275Council Regulation (EU) 2021/1275 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon (OJ L 277 I, 2.8.2021, p. 1). should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: