Regulation 2006/305 - Specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri

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1.

Current status

This regulation has been published on December 12, 2008 and entered into force on February 22, 2006.

2.

Key information

official title

Council 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
 
Legal instrument Regulation
Number legal act Regulation 2006/305
Original proposal COM(2005)614 EN
CELEX number i 32006R0305

3.

Key dates

Document 21-02-2006
Publication in Official Journal 12-12-2008; OJ L 51, 22.2.2006,OJ L 334M , 12.12.2008,Special edition in Romanian: Chapter 18 Volume 004,Special edition in Croatian: Chapter 18 Volume 008,Special edition in Bulgarian: Chapter 18 Volume 004
Effect 22-02-2006; Entry into force Date pub. See Art 11
End of validity 31-12-9999

4.

Legislative text

22.2.2006   

EN

Official Journal of the European Union

L 51/1

 

COUNCIL 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 60, 301 and 308 thereof,

Having regard to Council Common Position 2005/888/CFSP of 12 December 2005 concerning specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri (1),

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (2),

Whereas:

 

(1)

On 31 October 2005, the Security Council of the United Nations adopted Resolution 1636 (2005) noting the conclusion of the report of the International Investigation Commission into the 14 February 2005 terrorist bombing in Beirut, Lebanon, that killed 23 people, including former Lebanese Prime Minister Rafiq Hariri, and caused injury to dozens of people.

 

(2)

The Security Council noted with extreme concern the International Investigation Commission’s conclusion that there is converging evidence pointing at the involvement of both Lebanese and Syrian officials in this terrorist act, and acting under Chapter VII of the Charter of the United Nations, decided, as a step to assist in the investigation of this crime and without prejudice to the ultimate judicial determination of the guilt or innocence of any individual, to impose measures against all individuals suspected of involvement in the planning, sponsoring, organizing or perpetrating of this terrorist act.

 

(3)

Common Position 2005/888/CFSP provides for implementation of the measures set out in UNSCR 1636 (2005) and, in particular, the freezing of funds and economic resources of persons registered by the Committee of the Security Council established by paragraph 3(b) of UNSCR 1636 (2005) as suspected of involvement in the planning, sponsoring, organising or perpetrating of the assassination of former Lebanese Prime Minister Rafiq Hariri and others on 14 February 2005.

 

(4)

These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, Community legislation is necessary to implement them as far as the Community is concerned.

 

(5)

For reasons of expediency, the Commission should be empowered to amend the Annexes to this Regulation, on the basis of notification or information by the relevant Sanctions Committee and Member States, as appropriate.

 

(6)

Member States should determine the penalties applicable to infringements of the provisions of this Regulation. The penalties provided for should be proportionate, effective and dissuasive.

 

(7)

In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following definitions shall apply:

 

1.

‘Sanctions Committee’ means the Committee of the Security Council of the United Nations which was established pursuant to paragraph 3(b) of UNSCR 1636 (2005);

 

2.

‘funds’ means financial assets and benefits of every kind, including but not limited to:

 

(a)

cash, cheques, claims on money, drafts, money orders and other payment instruments;

 

(b)

deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

 

(c)

publicly and privately traded...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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