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))
Date: 2005-02-24
Institutions: European Parliament
Subjects: Côte d'Ivoire, common foreign and security policy, economic sanctions, foreign capital, international sanctions, restriction of liberty

C 304 E/348

Official Journal of the European Union

EN

1.12.2005

Thursday 24 February 2005

P6_TA(2005)0047

TEXTS ADOPTED

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

European Parliament legislative resolution on the proposal for a Council regulation imposing cer-
tain specific restrictive measures directed against certain persons and entities in view of the situ-
ation 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),

Approves the Commission proposal as amended;

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

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

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.

4.
tially;

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 implemen-
tation of the peace agreement signed by the parties to the
conflict.

(1) Not yet published in OJ.

1.12.2005

EN

Official Journal of the European Union

C 304 E/349

TEXT PROPOSED
BY THE COMMISSION

Thursday 24 February 2005

AMENDMENTS
BY PARLIAMENT

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 Arti-
cle 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 (1), in particular Arti-
cles 8 and 96 thereof.

(1) OJ L 317, 15.12.2000, p. 3.

Amendment 4
Recital 3d (new)

(3d) The measures provided for in this Regulation are with-
out 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 conven-
tions, persons suspected of committing serious violations of
human rights and international humanitarian law, and at
opening an investigation by the Prosecutor of the Inter-
national 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.

C 304 E/350

Official Journal of the European Union

EN

1.12.2005

Thursday 24 February 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

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 Sanc-
tions 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

(b) amend Annex II on the basis of information supplied by

(b) amend the Annex on the basis of information supplied by

Member States.

Member States.

Amendment 10
Article 10, point (b)

Amendment 11
Article 10, paragraph 1a (new)

The Commission shall inform the Committee on Civil Lib-
erties, Justice and Home Affairs and the Committee on Devel-
opment of the European Parliament, in advance and confiden-
tially, of the drawing-up and amending of the list referred to
in paragraph 1(a).

Annex I

Amendment 12
Annex I

Deleted

List of natural and legal persons, bodies or entities referred to
in Article 2