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))
Date: 2005-06-23
Institutions: European Parliament
Subjects: Sudan, economic sanctions, international sanctions, peacekeeping

C 133 E/96

Official Journal of the European Union

EN

8.6.2006

Thursday 23 June 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 11
ARTICLE 1, POINT 3
Article 13, paragraph 1a (new) (Regulation (EC) No 3605/93)

1a.
Eurostat has the principal role amongst the Community
authorities for monitoring the quality of statistical data. How-
ever, Eurostat must follow an internal procedure for contacts
with and debriefing of the other competent Community auth-
orities during the preparation of its monitoring and must
decide with them during the decision making procedure once
the monitoring visits are completed.

Amendment 12
ARTICLE 1, POINT 3
Article 14 (Regulation (EC) No 3605/93)

The Commission (Eurostat) shall report to the Economic and
Financial Committee on the findings of dialogue and in-depth
monitoring visits. These reports shall be made public.

The Commission (Eurostat) shall report to the Economic and
Financial Committee on the findings of dialogue. It shall report
to the European Parliament and Council on the conclusions of
the in-depth monitoring visits. These reports shall be made
public.

Amendment 13
ARTICLE 1, POINT 3
Article 16, paragraph 2a (new) (Regulation (EC) No 3605/93)

2a.
The Commission (Eurostat) shall report to the Euro-
pean Parliament and Council on the amended data and the
reasons for the amendment.

P6_TA(2005)0250

Specific restrictive measures against certain persons (Sudan) *

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

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),

(1) Not yet published in OJ.
(2) OJ L 139, 2.6.2005, p. 25.

8.6.2006

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Official Journal of the European Union

C 133 E/97

— 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),

Thursday 23 June 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.

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 Sept-
ember 2004),

Amendment 2
Recital 2

inter alia,
(2) Common Position 2005/XXX/CFSP provides,
funds and economic
the freezing of
for implementation of
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.

the

funds

(2) Common Position 2005/411/CFSP provides, inter alia, for
and economic
freezing of
implementation of
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 Com-
munity should ensure that such measures are coordinated
with the procedures applicable under the Partnership Agree-
ment 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 (1), in particular Articles 8 and
96 thereof.

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

C 133 E/98

Official Journal of the European Union

EN

8.6.2006

Thursday 23 June 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

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.

All funds and economic resources belonging to, or owned
1.
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 Com-
mission 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 Com-
mission 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 pro-
tection.

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.

8.6.2006

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Official Journal of the European Union

C 133 E/99

TEXT PROPOSED
BY THE COMMISSION

Thursday 23 June 2005

AMENDMENTS
BY PARLIAMENT

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

The Commission shall, after consulting the European

1.
Parliament, be empowered to:

(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 referred to in Article 2 whose funds and econ-
omic resources are to be frozen and to correct the list in
the event of proven error; 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.

The European Parliament's Committee responsible for Civil
Liberties, Justice and Home Affairs and its Committee respon-
sible 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.

P6_TA(2005)0251

Specific restrictive measures against certain persons (Congo) *

European Parliament legislative resolution on the proposal for a Council regulation imposing cer-
tain specific restrictive measures directed against persons acting in violation of the arms embargo
with regard to the Democratic Republic of the Congo (COM(2005)0227 — C6-0185/2005 — 2005/
0101(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0227) (1),

— having regard to Council Common Position 2005/440/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

(C6-0185/2005),

— 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 (A6-0194/2005),

1.

2.

Approves the Commission proposal as amended;

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

(1) Not yet published in OJ.
(2) OJ L 152, 15.6.2005, p. 22.