# EUR-Lex - 52014JC0007 - EN

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# 52014JC0007

**Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo /* JOIN/2014/07 final - 2014/0060 (NLE) */**

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EXPLANATORY MEMORANDUM

(1) 
Council Regulation (EC) No 1183/2005 gives
effect to Council Decision 2010/788/CFSP and provides for certain measures
directed against persons acting in violation of the arms embargo with regard to
the Democratic Republic of the Congo, including a freezing of their assets.

(2) 
United Nations Security Council Resolution
(UNSCR) 2136 (2014) of 30 January 2014 amended the criteria for the designation
of persons and entities to be subject to the restrictive measures set out in
paragraphs 9 and 11 of UNSCR 1807 (2008).

(3) 
This measures 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 give effect to it, in
particular with a view to ensuring its uniform application by economic
operators in all Member States.

(4) 
The High Representative of the Union for Foreign
Affairs and Security Policy and the European Commission should propose to amend
Regulation (EC) No 1183/2005 accordingly.

2014/0060 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1183/2005
imposing certain specific restrictive measures directed against persons acting
in violation of the arms embargo with regard to the Democratic Republic of the
  Congo

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Decision
2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP[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)       Council Regulation (EC) No
1183/2005[2]
gives effect to measures provided for in Decision 2010/788/CFSP. Annex I to
Regulation (EC) No 1183/2005 lists the natural and legal persons, entities and
bodies covered by the freezing of funds and economic resources under that
Regulation.

(2)       United Nations Security
Council Resolution (UNSCR) 2136 (2014) of 30 January 2014 amended the criteria
for the designation of persons and entities to be subject to the restrictive
measures set out in paragraphs 9 and 11 of UNSCR 1807 (2008).

(3)       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 give effect
to it, in particular with a view to ensuring its uniform application by economic
operators in all Member States.

(4)       Regulation (EC) No 1183/2005
should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1183/2005 is amended as
follows:

Article 2a  paragraph 1 is replaced by the
following:

“Article 2a

1.      Annex I shall include the natural or
legal persons, entities or bodies designated by the Sanctions Committee or the
United Nations Security Council as:

(a)     persons or entities acting in
violation of the arms embargo and related measures as referred to in Article 1
of Decision 2010/788/CFSP and Article 2 of Regulation (EC) No 889/2005[3],

(b)     political and
military leaders of foreign armed groups operating in the Democratic Republic
of the Congo (DRC) who impede the disarmament and the voluntary repatriation or
resettlement of combatants belonging to those groups,

(c)     political and
military leaders of Congolese militias, including those receiving support from
outside the DRC, who impede the participation of their combatants in
disarmament, demobilisation and reintegration processes,

(d)     persons or
entities operating in the DRC and recruiting or using children in armed
conflict in violation of applicable international law,

(e)     persons or
entities operating in the DRC and involved in planning, directing or
participating in the targeting of children or women in situations of armed
conflict, including killing and maiming, rape and other sexual violence,
abduction, forced displacement and attacks on schools and hospitals,

(f)      persons or
entities obstructing the access to or the distribution of humanitarian
assistance in the DRC,

(g)     persons or
entities supporting armed groups in the DRC through illicit trade of natural
resources, including gold or wildlife as well as wild life products,

(h)     persons or entities
acting on behalf of or at the direction of a designated person or entity, or
acting on behalf of or at the direction of an entity owned or controlled by a
designated person or entity,

(i)      persons or
entities who plan, direct, sponsor or participate in attacks against
peacekeepers of the United Nations Organization Stabilization Mission in the
DRC (MONUSCO),

(j)      persons or entities providing
financial, material, or technlological support for, or goods or services to, or
in support of a desginated person or entity.

Article 2

This Regulation shall enter into force on
the day following that 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.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 336, 21.12.2010, p. 30.

[2]               Council Regulation (EC) No 1183/2005 of 18 July 2005
imposing certain specific restrictive measures directed against persons acting
in violation of the arms embargo with regard to the Democratic Republic of the
  Congo (1OJ L 193, 23.7.2005, p. 1).

[3]               Council Regulation (EC) No 889/2005 of 13 June 2005
imposing certain restrictive measures in respect of the Democratic Republic of
Congo and repealing Regulation (EC) No 1727/2003 (OJ L 152, 15.6.2005, p. 1).