P6_TA(2005)0047

Restrictive measures in view of the situation in Côte d'Ivoire *

European Parliament legislative resolution on the proposal for a Council regulation imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (COM(2004)0842 — 15518/2004 — C6-0023/2005 — 2004/0286(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2004)0842) [1],

- having regard to the Council text (15518/2004),

- 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 (C6-0023/2005),

- 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 opinions of the Committee on Development and the Committee on Economic and Monetary Affairs (A6-0042/2005),

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. Calls for consideration of the Commission proposal as amended to be suspended for a maximum period of three months so as not to jeopardise the mediation by President Thabo Mbeki, President of South Africa, aimed at restarting negotiations between the warring parties;

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

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Recital 3a (new)

| (3a) The African Union Summit has recently renewed the mandate conferred on Thabo Mbeki, President of South Africa, asking him to secure a resumption of the implementation of the peace agreement signed by the parties to the conflict. |

Amendment 2

Recital 3b (new)

| (3b) The Member States of the European Union that are also members of the United Nations Security Council should ensure that fundamental rights are fully respected: in particular when measures pursuant to United Nations Security Council Resolution 1572(2004) are adopted or amended, and to duly inform the other Member States of the Union and the Community institutions of any measures that may affect the Community legal order,more specifically, following the Linas-Marcoussis and Accra III Agreements, through disarmament so as to enable a referendum to be organised on the repeal of Article 35 of the Constitution, followed by free presidential elections. |

Amendment 3

Recital 3c (new)

| (3c) When applying measures pursuant to United Nations Security Council Resolution 1572(2004), the Community should ensure that they are coordinated with the procedures applicable under the EC-ACP Partnership Agreement signed in Cotonou (Benin) on 23 June 2000, in particular Articles 8 and 96 thereof. |

Amendment 4

Recital 3d (new)

| (3d) The measures provided for in this Regulation are without prejudice to the adoption of other measures aimed at implementing the Linas-Marcoussis and Accra III Agreements, in particular the obligation to prosecute and try, in accordance with the provisions of international human rights conventions, persons suspected of committing serious violations of human rights and international humanitarian law, and at opening an investigation by the Prosecutor of the International Criminal Court into the situation in Côte d'Ivoire, on the basis of the ad hoc referral to the Court by the Ivorian authorities on 1 October 2003, pursuant to Article 12 of the Rome Statute. |

Amendment 5

Article 2, paragraph 1

1. All funds and economic resources owned, or controlled, directly or indirectly, by the natural or legal persons, entities or bodies listed in Annex I shall be frozen. | 1. All funds and economic resources owned, or controlled, directly or indirectly, by the natural or legal persons, entities or bodies on a list drawn up by the Commission in accordance with Article 10 shall be frozen. |

Amendment 6

Article 7, paragraph 3

3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received. | 3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received and only for the period necessary for the assets to be frozen and shall be subject to rules guaranteeing data protection. |

Amendment 7

Article 9a (new)

| Article 9a The natural or legal persons, entities or bodies whose funds and economic resources have been unjustly frozen shall be reimbursed with an amount the type and quantity of the prejudice unjustly suffered. |

Amendment 8

Article 10, introduction

The Commission shall be empowered to: | The Commission shall be empowered, following consultation of the European Parliament, to: |

Amendment 9

Article 10, point (a)

(a)amend Annex I on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee; and | (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 whose funds and economic resources are to be frozen and to correct that list in the case of proven errors; and |

Amendment 10

Article 10, point (b)

(b)amend Annex II on the basis of information supplied by Member States. | (b)amend the Annex on the basis of information supplied by Member States. |

Amendment 11

Article 10, paragraph 1a (new)

| The Commission shall inform the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Development of the European Parliament, in advance and confidentially, of the drawing-up and amending of the list referred to in paragraph 1(a). |

Amendment 12

Annex I

Annex I List of natural and legal persons, bodies or entities referred to in Article 2 | Deleted |

[1] Not yet published in OJ.

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

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