P6_TA(2005)0250

Specific restrictive measures against certain persons (Sudan) *

European Parliament legislative resolution on the proposal for a Council regulation imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan (COM(2005)0180 — C6-0138/2005 — 2005/0068(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2005)0180) [1],

- having regard to the Council text (8910/2005),

- having regard to Council Common Position 2005/411/CFSP [2],

- having regard to Articles 60 and 301 of the EC Treaty,

- having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0138/2005),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Development (A6-0186/2005),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Citation 2a (new)

| Having regard to the report of the International Commission of Inquiry on Darfur (drawn up in accordance with United Nations Security Council resolution 1564(2004) of 18 September 2004), |

Amendment 2

Recital 2

(2) Common Position 2005/XXX/CFSP provides, inter alia, for implementation of the freezing of funds and economic resources of those persons designated by the competent United Nations Sanctions Committee, who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or of human rights law or other atrocities, violate the arms embargo or are responsible for certain offensive military flights. These measures fall within the scope of the Treaty and, therefore, in order to avoid any distortion of competition, Community measures are necessary to implement them as far as the Community is concerned. | (2) Common Position 2005/411/CFSP provides, inter alia, for implementation of the freezing of funds and economic resources of those persons designated by the competent United Nations Sanctions Committee, who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or of human rights law or other atrocities, violate the arms embargo or are responsible for certain offensive military flights. These measures, whose effectiveness and actual impact on the ground in bringing to an end the mass violations of human rights should be assessed by mechanisms to be defined, fall within the scope of the Treaty and, therefore, in order to avoid any distortion of competition, Community measures are necessary to implement them as far as the Community is concerned. |

Amendment 3

Recital 3a (new)

| (3a) When applying the measures provided for in United Nations Security Council resolution 1591(2005), the Community should ensure that such measures are coordinated with the procedures applicable under the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 [3], in particular Articles 8 and 96 thereof. |

Amendment 4

Recital 3b (new)

| (3b) The measures provided for in this Regulation should be without prejudice to the adoption of other measures aimed at implementing the cease-fire agreement signed in N'Djamena on 8 April 2004 or to the obligation to prosecute and try, in accordance with the provisions of international human rights conventions, persons suspected of having committed serious violations of human rights and international humanitarian law, or the continuation of the investigation by the Prosecutor of the International Criminal Court into crimes committed in Darfur, on the basis of the ad hoc referral to the Court by the United Nations Security Council, as set out in resolution 1593 (2005). |

Amendment 5

Article 2, paragraph 1

1. All funds and economic resources belonging to, or owned or held by, the natural or legal persons, entities or bodies listed in Annex I shall be frozen. | 1. All funds and economic resources belonging to, or owned or held by, the natural or legal persons, entities or bodies included in the list drawn up by the Commission pursuant to Article 10 shall be frozen. |

Amendment 6

Article 2, paragraph 2

2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons or entities listed in Annex I. | 2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons or entities included in the list drawn up by the Commission pursuant to Article 10. |

Amendment 7

Article 4, point (c)

(c)the lien or judgment is not for the benefit of a person, entity or body listed in Annex I; | (c)the lien or judgment is not for the benefit of a person, entity or body included in the list drawn up by the Commission pursuant to Article 10; |

Amendment 8

Article 7, paragraph 3

3. Any information provided or received in accordance with paragraphs 1 and 2 shall be used only for the purposes for which it was provided or received. | 3. Any information provided or received in accordance with paragraphs 1 and 2 shall be used only for the purposes for which it was provided or received. It shall be used solely for the period necessary for the freezing of funds and economic resources and shall be subject to rules guaranteeing data protection. |

Amendment 9

Article 8a (new)

| Article 8a Natural and legal persons, entities and bodies whose funds and economic resources have been unjustly frozen shall be reimbursed with an amount commensurate with the nature and extent of the damage unjustly suffered. |

Amendment 10

Article 10, paragraph 1

1. The Commission shall be empowered to: (a)amend Annex I on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee; and(b)amend Annex II on the basis of information supplied by Member States. | 1. The Commission shall, after consulting the European Parliament, be empowered to: (a)draw up and amend on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee, a list of natural or legal persons, entities or bodies referred to in Article 2 whose funds and economic resources are to be frozen and to correct the list in the event of proven error; and(b)amend the Annex on the basis of information supplied by Member States.The European Parliament's Committee responsible for Civil Liberties, Justice and Home Affairs and its Committee responsible for Development shall be informed in advance by the Commission, on a confidential basis, of the drawing up and amending of the list referred to in point (a). |

Amendment 11

Annex I

| This Annex is deleted. |

[1] Not yet published in OJ.

[2] OJ L 139, 2.6.2005, p. 25.

[3] OJ L 317, 15.12.2000, p. 3.

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