Explanatory Memorandum to 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 - Main contents
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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 ... |
|---|---|
| source | JOIN(2012)4  |
| date | 09-03-2012 |
Council 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[1] imposes restrictive measures against the persons entities and bodies identified in Annex I to that Regulation, as provided for in United Nations' Security Council Resolution 1844 (2008).
On 22 February 2012, the United Nations' Security Council adopted Resolution 2036 (2012), by which it confirms its assessment, in paragraph 23, that the export of charcoal from Somalia may pose a threat to the peace, security or stability of Somalia and decides that the Sanctions Committee established by Resolutions 751(1992) and 1907(2009) may designate individuals and entities engaged in such commerce as being subject to the targeted measures established by Resolution 1844.
The Council has reached political agreement to adopt a new CFSP Decision amending Decision 2010/231/CFSP so as to provide, inter alia, for the imposition in the Union of restrictive measures against those identified by the Sanctions Committee as being engaged in such commerce.
This measure falls within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.
Additionally, United Nations' Security Council Resolution 2002(2011) clarified the exemption, already provided for in Regulation (EU) No 356/2010, permitting the making available of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations' General Assembly that provide humanitarian assistance, and their implementing partners. This clarification should be included in the Regulation.
Council Regulation (EU) No 356/2010 should therefore be amended accordingly.