Regulation 2012/641 - 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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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation has been published on July 17, 2012 and entered into force on the same day.

2.

Key information

official title

Council Regulation (EU) No 641/2012 of 16 July 2012 amending 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
 
Legal instrument Regulation
Number legal act Regulation 2012/641
Original proposal JOIN(2012)4 EN
CELEX number i 32012R0641

3.

Key dates

Document 16-07-2012
Publication in Official Journal 17-07-2012; Special edition in Croatian: Chapter 18 Volume 012,OJ L 187, 17.7.2012
Effect 17-07-2012; Entry into force Date pub. See Art 2
End of validity 31-12-9999

4.

Legislative text

17.7.2012   

EN

Official Journal of the European Union

L 187/3
 

COUNCIL REGULATION (EU) No 641/2012

of 16 July 2012

amending 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(1) and (2) thereof,

Having regard to Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia (1),

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)

Regulation (EU) No 356/2010 (2) 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 (UNSCR) 1844 (2008).
 

(2)

On 22 February 2012, the UN Security Council adopted UNSCR 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.
 

(3)

On 17 February 2012, the Security Council Sanctions Committee established pursuant to UNSCR 751 (1992) concerning Somalia updated the list of persons and entities subject to restrictive measures.
 

(4)

On 16 July 2012, the Council adopted Decision 2012/388/CFSP (3), to give effect to UNSCR 751 (1992) by adding one further person to the list of persons and entities subject to the restrictive measures in Decision 2010/231/CFSP.
 

(5)

This measure falls within the scope of the Treaty 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.
 

(6)

Additionally, UNSCR 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 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. This clarification should be included in Regulation (EU) No 356/2010.
 

(7)

Regulation (EU) No 356/2010 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

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...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

Full version

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8.

EU Monitor

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