Explanatory Memorandum to COM(2011)68 - Amendment of Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of Guinea

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1. Council Regulation (EU) No 1284/2009 imposed certain restrictive measures in respect of the Republic of Guinea, in accordance with Common Position 2009/788/CFSP (later replaced by Council Decision 2010/638/CFSP), in response to the violent crackdown by security forces on political demonstrators in Conakry on 28 September 2009.

2. Provisional agreement has been reached within the Council that the restrictive measures imposed in respect of the Republic of Guinea should be amended in light of the political situation and of the “ Report of the International Commission of Inquiry mandated to establish the facts and circumstances of the events of 28 September 2009 in Guinea ”.

3. Additionally, Article 215 i TFEU provides that the legal acts referred to in that Article shall include necessary provisions on legal safeguards. The Commission considers that a further element should be added to Article 15 of Regulation (EU) No 1284/2009 in order to ensure full respect for this provision.

4. The High Representative of the EU for Foreign Affairs and Security Policy and the Commission propose to amend Council Regulation (EU) No 1284/2009 accordingly.