# EUR-Lex - 52013JC0020 - EN

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# 52013JC0020

**Joint Proposal for a COUNCIL REGULATION amending for the 193rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network /* JOIN/2013/020 final - 2013/0193 (NLE) */**

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EXPLANATORY MEMORANDUM

(1)
Regulation (EC) No 881/2002 provides for the freezing
of funds and economic resources of certain persons, groups and entities associated
with the Al Qaida network.

(2)
On 21 February 2013 the Sanctions Committee of
the United Nations Security Council (UNSC) decided to remove one natural
person, Usama Muhammed Awad Bin Laden, from its list of persons, groups and
entities to whom the freezing of funds and economic resources should apply.
However, the Sanctions Committee decided that prior to the unfreezing of assets
that have been frozen as a result of the listing of Mr Bin Laden, Member States
shall submit to the Sanctions Committee a request to unfreeze such funds or
economic resources and shall provide assurances that the funds or economic
resources will not be transferred, directly or indirectly, to a listed person,
group or entity.

(3)
In order to assure effective implementation of
the decision of the Sanctions Committee, it is necessary to maintain the
listing of Mr Bin Laden in Annex I of Regulation (EC) No 881/2002 and provide
for additional exemption from the freezing measures in accordance with
paragraph 32 of UNSC Resolution 2083 (2012).

(4)
This measure falls within the scope of the
Treaty on the Functioning of the European Union and, therefore, in particular
with a view to ensuring their uniform application by economic operators in all
Member States, regulatory action at the level of the Union is necessary in
order to implement them.

(5)
The High representative of the Union for Foreign
Affairs and Security Policy and the Europan Commission propose to amend
Regulation (EC) No 881/2002 accordingly.

2013/0193 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending for the 193rd time Council
Regulation (EC) No 881/2002 imposing certain specific restrictive measures
directed against certain persons and entities associated with the Al Qaida
network

THE EUROPEAN COMMISSION,

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

Having regard to Council Common Position
2002/402/CFSP of 27 May 2002 concerning restrictive measures against members of
the Al- Qaida organisation and other individuals, groups, undertakings and
entities associated with them[1],

Having regard to the joint proposal of the
High Representative of the Union for Foreign Affairs and Security Policy and of
the European Commission,

Whereas:

(1)       Common Position
2002/402/CFSP provides for certain restrictive measures in accordance with
Resolutions 1267 (1999) and 1333 (2000) of the United Nations Security Council
(UNSC), as updated regularly by the Sanctions Committee established by UNSC
Resolutions 1267 (1999) and 1989 (2011). Council Decision
2011/487/CFSP[2],
adopted in accordance with Chapter 2 of Title V of the Treaty on European
Union, amended Common Position 2002/402/CFSP as regards its scope. The Union
implementing measures are set out in Council Regulation
(EC) No 881/2002[3] which provides for the freezing of funds and economic resources of
certain persons, groups and entities associated with the Al Qaida network.

(2)       On 21 February 2013 the
Sanctions Committee of the United Nations Security Council (UNSC) decided to
remove one natural person, Usama Muhammed Awad Bin Laden, from its list of
persons, groups and entities to whom the freezing of funds and economic
resources should apply. However, the Sanctions Committee decided that prior to
the unfreezing of assets that have been frozen as a result of the listing of Usama
Bin Laden, Member States shall submit to the Sanctions Committee a request to
unfreeze such funds or economic resources and shall provide assurances that the
funds or economic resources will not be transferred, directly or indirectly, to
a listed person, group or entity.

(3)       In order to assure effective
implementation of the decision of the Sanctions Committee, it is necessary to
maintain the listing of Usama Bin Laden in Annex I to Regulation (EC) No
881/2002 and provide for additional exemption from the freezing measures in
accordance with paragraph 32 of UNSC Resolution 2083 (2012).

(4)       This measure falls within
the scope of the Treaty on the Functioning of the European Union and,
therefore, in particular with a view to ensuring their uniform application by
economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

(5)       Regulation (EC) No
881/2002 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 881/2002 is amended as
follows:

Paragraphs 1 and 2 of Article 2a are replaced
by the following:

“1. Article 2 shall not apply to funds or
economic resources where:

(a)
any of the competent authorities of the Member
States, as listed in Annex II, has determined, upon a request made by an
interested natural or legal person, that these funds or economic resources are:

(i) necessary to cover basic expenses,
including payments for foodstuffs, rent or mortgage, medicines and medical
treatment, taxes, insurance premiums, and public utility charges;

(ii) intended exclusively for payment of
reasonable professional fees and reimbursement of incurred expenses associated
with the provision of legal services;

(iii) intended exclusively for payment of fees
or service charges for the routine holding or maintenance of frozen funds or
frozen economic resources;

(iv) necessary for extraordinary expenses; or

(v) owned, held or controlled by Usama Muhammed
Awad Bin Laden as listed in Annex I; and

(b)
such determination has been notified to the
Sanctions Committee; and

(c)
(i) in the case of a determination under point
(a)(i), (ii) or (iii), the Sanctions Committee has not objected to the
determination within three working days of notification;

(ii) in the case of a determination under point
(a) (iv), the Sanctions Committee has approved the determination; or

(iii) in case of a determinattion under point
(a)(v), the competent authority of the relevant Member State, as listed in
Annex II, has provided assurances to the Sanctions Committee that the funds or
economic resources will not be transferred, directly or indirectly, to any
natural or legal person, entity body or group, as listed in Annex I, and no
member of the Sanctions Committee has objected to the determination within
thirty days of notification.”

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 139, 29.5.2002, p. 4.

[2]               OJ L 199, 2.8.2011, p. 73.

[3]               OJ L 139, 29.5.2002, p. 9.