Joint proposal for a COUNCIL REGULATION amending Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of the Republic of Guinea
Date: 2011-03-01
Institutions: European Commission, High Representative of the Union
Subjects: Guinea, economic sanctions, exchange of information, international affairs, international sanctions, military equipment, natural person, trade restriction

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EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF  
THE EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY 

Brussels, 1.3.2011 
COM(2011) 68 final 

2011/0037 (NLE) 

Joint proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 1284/2009 imposing certain specific restrictive measures 
in respect of the Republic of Guinea 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

the  Republic  of  Guinea, 

Council  Regulation  (EU)  No  1284/2009  imposed  certain  restrictive  measures  in 
respect  of 
in  accordance  with  Common  Position 
2009/788/CFSP  (later  replaced  by  Council  Decision  2010/638/CFSP),  in  response  to 
the violent crackdown by security forces on political demonstrators in Conakry on 28 
September 2009.  

Provisional  agreement  has  been  reached  within  the  Council  that  the  restrictive 
measures imposed in respect of the Republic of Guinea should be amended in light of 
the  political  situation  and  of  the  “Report  of  the  International  Commission  of  Inquiry 
mandated to establish the facts and circumstances of the events of 28 September 2009 
in Guinea”.  

Additionally,  Article  215(3)  TFEU  provides  that  the  legal  acts  referred  to  in  that 
Article  shall  include  necessary  provisions  on  legal  safeguards.  The  Commission 
considers that a further element should be added to Article 15 of Regulation (EU) No 
1284/2009 in order to ensure full respect for this provision. 

(4) 

The  High  Representative  of  the  EU  for  Foreign  Affairs  and  Security  Policy  and  the 
Commission propose to amend Council Regulation (EU) No 1284/2009 accordingly. 

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2011/0037 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 1284/2009 imposing certain specific restrictive measures 
in respect of the Republic of Guinea 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having 
2010/638/CFSP concerning restrictive measures against the Republic of Guinea1, 

to  Council  Decision  2011/…/CFSP  amending  Council  Decision 

regard 

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

Whereas: 

(1) 

(2) 

Council  Regulation  (EU)  No  1284/20092  of  22  December  2009  imposed  certain 
restrictive measures in respect of the Republic of Guinea, in accordance with Common 
Position  2009/788/CFSP3  (later  replaced  by  Council  Decision  2010/638/CFSP4),  in 
response  to  the  violent  crackdown  by  security  forces  on  political  demonstrators  in 
Conakry on 28 September 2009. 

On  [  ]  2011,  by  Council  Decision  2011/…../CFSP,  the  Council  decided  that  the 
restrictive measures imposed in respect of the Republic of Guinea should be amended 
in light of the political situation and of the “Report of the International Commission of 
Inquiry  mandated  to  establish  the  facts  and  circumstances  of  the  events  of  28 
September 2009 in Guinea”5.  

(3) 

Council Regulation (EU) No 1284/2009 should be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

Regulation (EU) No 1284/2009 is amended as follows: 

Article 1 

1 
2 
3 
4 
5 

OJ L … , … 2011, p. .. . 
OJ L 346, 23.12.2009, p. 26. 
OJ L 281, 28.10.2009, p. 7. 
OJ L 280, 26.10.2010, p. 10. 
UN Security Council document symbol S/2009/693. 

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(1) 

In Article 6, paragraph 3 is replaced by the following: 

“3.  Annex  II  shall  consist  of  the  persons  identified  by  the  International 
Commission of Inquiry as responsible for the 28 September 2009 events in the 
Republic of Guinea, and natural or legal persons, entities or bodies associated 
in  accordance  with  Article  4(1)  of  Council  Decision 
with 
2010/638/CFSP* as amended. 

them, 

* OJ L 280, 26.10.2010, p. 10.” 

(2) 

In Article 15, paragraph 2, the following sentence shall be added at the end: 

“Where  such  views  are  conveyed  to  the  Commission,  or  where  substantial  new 
evidence is presented, the Commission shall review its decision in light of them and 
inform the person, entity or body concerned accordingly.” 

(3) 

Annex II is replaced by the text of the Annex to this Regulation 

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

“ANNEX II 

List of natural and legal persons, entities or bodies referred to in Article 6(3) 

[Annex to be added as per Council Decision] 

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