Legal provisions of JOIN(2012)4 - Amendment of Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia

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dossier JOIN(2012)4 - Amendment of Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or ...
document JOIN(2012)4 EN
date July 16, 2012

Contents

Article 1

Regulation (EU) No 356/2010 is hereby amended as follows:

(1)In Article 2, paragraph 3 is replaced by the following:

‘3.   Annex I shall consist of natural or legal persons, entities or bodies designated by the Security Council or the Sanctions Committee in accordance with UNSCR 1844 (2008) as:

(a)engaging in or providing support for acts that threaten the peace, security or stability of Somalia, including acts that threaten to infringe the Djibouti Agreement of 18 August 2008 or the political process, or threaten the TFIs or AMISOM by force;

(b)having acted in violation of the arms embargo and related measures as reaffirmed in paragraph 6 of UNSCR 1844 (2008);

(c)obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia;

(d)being political or military leaders recruiting or using children in armed conflicts in Somalia in violation of the applicable international law; or

(e)being responsible for violations of applicable international law in Somalia involving the targeting of civilians, including children and women, in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement.’.

(2)In Article 4, paragraph 1 is replaced by the following:

‘1.   Article 2(1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by the UN, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners, including bilaterally or multilaterally funded NGOs participating in the UN Consolidated Appeal for Somalia.’.

(3)The person listed in Annex II to this Regulation shall be added to the list of persons set out in Section I of Annex I.

(4)Annex II shall be replaced by the text set out in Annex I to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.