Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan
Date: 2018-10-26
Institutions: European Commission, Service for Foreign Policy Instruments
Subjects: EU restrictive measure, South Sudan, arms trade, economic sanctions, international sanctions, peacekeeping, trade restriction

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   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 26.10.2018 JOIN(2018) 22 final/2 2018/0300 (NLE)  This document replaces JOIN(2018) 22 final of 25.7.2018. Change of the sensitivity level, deletion of the marking "LIMITED". Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan  
 
 
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EXPLANATORY MEMORANDUM 

Council Regulation (EU) 2015/735 gives effect to measures provided for in Council 
Decision (CFSP) 2015/7401. 

On 13 July 2018, the United Nations Security Council (UNSC) adopted Resolution 
2428  (2018),  in  which  it  expressed  deep  concern  at  the  failures  of  South  Sudan’s 
leaders  to  bring  an  end  to  the  country’s  hostilities,  condemned  the  continued  and 
flagrant  violations  of  the  17  August  2015  Agreement  on  the  Resolution  of  the 
Conflict  in  the  Republic  of  South  Sudan,  the  21  December  2017  Agreement  on 
Cessation of Hostilities, Protection of Civilians and Humanitarian Access, and the 27 
June  2018  Khartoum  Declaration,  and  reinforced  the  restrictive  measures  towards 
South Sudan measures imposed by UNSC Resolution 2206 (2015).   

Amongst others, the UNSC amends the exemptions to the arms embargo and related 
technical and financial assistance and amends the designation criteria for the persons 
and entities subject to the asset freeze.  

Council  Decision  (CFSP)  2018/XXX  amended  Council  Decision  (CFSP)  2015/740 
in order to give effect to the measures imposed by UNSC Resolution 2428 (2018).  

These  measures  fall  within  the  scope  of  the  Treaty  and,  therefore,  notably  with  a 
view to ensuring their uniform application in all Member States, regulatory action at 
the level of the Union is necessary.  

The  High  Representative  for  Foreign  Affairs  and  Security  Policy  and  the 
Commission  should  therefore  propose  to  amend  Regulation  (EU)  2015/735 
accordingly. 

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OJ L 117 8.5.2015, p. 52 

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2018/0300 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) 2015/735 concerning restrictive measures in respect 
of the situation in South Sudan 

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 regard to Decision (CFSP) 2015/740 of 7 May 2015 concerning restrictive measures 
in view of the situation in South Sudan and repealing Decision 2014/449/CFSP2, 

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

Whereas: 

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(3) 

(4) 

(5) 

Council  Regulation  (EU)  2015/735  gives  effect  to  measures  provided  for  in  Council 
Decision (CFSP) 2015/740. 

On  13  July  2018,  the  United  Nations  Security  Council  (UNSC)  adopted  Resolution 
2428  (2018),  in  which  it  expressed  deep  concern  at  the  failures  of  South  Sudan’s 
leaders  to  bring  an  end  to  the  country’s  hostilities,  condemned  the  continued  and 
flagrant violations of the 17 August 2015 Agreement on the Resolution of the Conflict 
in  the  Republic  of  South  Sudan,  the  21  December  2017  Agreement  on  Cessation  of 
Hostilities,  Protection  of  Civilians  and  Humanitarian  Access,  and  the  27  June  2018 
Khartoum  Declaration,  and  reinforced  the  restrictive  measures  towards  South  Sudan 
measures imposed by UNSC Resolution 2206 (2015).   

Amongst others, the UNSC amends the exemptions to the arms embargo and related 
technical and financial assistance and amends the designation criteria for the persons 
and entities subject to the asset freeze.  

Council Decision (CFSP) 2018/XXX amended Decision (CFSP) 2015/740 in order to 
give effect to the measures imposed by UNSC Resolution 2428 (2018).  

These measures fall within the scope of the Treaty and, therefore, notably with a view 
to  ensuring  their  uniform  application  in  all  Member  States,  regulatory  action  at  the 
level of the Union is necessary. 

(6) 

Regulation (EU) 2015/735 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Regulation (EU) 2015/735 is amended as follows:  

Article 1 

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Article 2 is replaced by the following: 

OJ L 117 8.5.2015, p. 52 

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It shall be prohibited to provide: 

'Article 2 

1)  technical  assistance  or  brokering  services  related  to  military  activities  or  to  the 
provision,  manufacture,  maintenance  and  use  of  arms  and  related  materiel  of  all 
types,  including  weapons  and  ammunition,  military  vehicles  and  equipment, 
paramilitary equipment, and spare parts therefor, directly or indirectly to any natural 
or legal person, entity or body in, or for use in South Sudan; 

(2)  financing  or  financial  assistance  related  to  military  activities,  including  in 
particular  grants,  loans  and  export  credit  insurance,  as  well  as  insurance  and 
reinsurance, for any sale, supply, transfer or export of arms and related materiel, or 
for  the  provision  of  related  technical  assistance  or  brokering  services  directly  or 
indirectly to any natural or legal person, entity or body in, or for use in South Sudan. 

(3)  technical  assistance,  financing  or  financial  assistance  or  brokering  services 
related to the provision of armed mercenary personnel in South Sudan or for use in 
South Sudan.' 

2. 

 Article 3 is replaced by the following: 

'Article 3 

The prohibitions referred to in Article 2 shall not apply to the provision of financing 
and financial assistance, technical assistance and brokering services related to: 

(a)    Arms  and  related  materiel,  intended  solely  for  support  of  or  use  by  UN 
personnel,  including  the  United  Nations  Mission  in  the  Republic  of  South  Sudan 
(UNMISS) and the United Nations Interim Security Force for Abyei (UNISFA); 

 (b)      Protective  clothing,  including  flak  jackets  and  military  helmets,  temporarily 
exported  to  South  Sudan  by  UN  personnel,  representatives  of  the  media  and 
humanitarian and development workers and associated personnel, for their personal 
use only.' 

3. 

Article 4 is replaced by the following:  

'Article 4 

1. By way of derogation from Article 2, the competent authorities may authorise the 
provision  of  financing  and  financial  assistance,  technical  assistance  and  brokering 
services related to: 

(a)  Non-lethal military equipment intended solely for humanitarian or protective use, 
provided that the Member State has notified the Sanctions Committee in advance in 
accordance with the requirements laid down in paragraph 6 of UNSCR 2428 (2018); 

(b) Arms and related materiel temporarily exported to South Sudan by the forces of a 
State which is taking action, in accordance with international law, solely and directly 
to  facilitate  the  protection  or  evacuation  of  its  nationals  and  those  for  whom  it  has 
consular responsibility in South Sudan, provided that the Member State notifies the 
Sanctions Committee in accordance with the requirements laid down in paragraph 6 
of UNSCR 2428 (2018); 

(c) Arms and related materiel, to or in support of the African Union Regional Task 
Force intended solely for regional operations to counter the Lord’s Resistance Army, 

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provided that the Member State had notified the Sanctions Committee in advance in 
accordance with the requirements laid down in paragraph 6 of UNSCR 2428 (2018); 

(d) Arms and related materiel solely in support of the implementation of the terms of 
the  peace  agreement,  provided  that  the  Member  State  has  obtained  the  advance 
approval of the Sanctions Committee in accordance with the requirements laid down 
in paragraph 6 of UNSCR 2428 (2018); 

(e) Other sales or supply of arms and related materiel, or provision of assistance or 
personnel, provided that the Member State has obtained the advance approval of the 
Sanctions Committee in accordance with the requirements laid down in paragraph 6 
of UNSCR 2428 (2018); 

2.  The  Member  State  concerned  shall  notify  the  other  Member  States  and  the 
Commission of any authorisation granted pursuant to paragraph 1.' 

4. 

Paragraph 1 of Article 5 is replaced by the following: 

'1.  All funds and economic resources belonging to, owned, held or controlled by any 
natural or legal person, entity or body as listed in Annex I shall be frozen. Annex I 
shall include natural or legal persons, entities and bodies identified by the Committee 
of  the  UN  Security  Council  established  pursuant  to  paragraph  16  of  UNSCR  2206 
(2015) (‘Sanctions Committee’) as responsible for or complicit in, or having engaged 
in,  directly  or  indirectly,  actions  or  policies  that  threaten  the  peace,  security  or 
stability  of  South  Sudan,  in  accordance  with  paragraphs  6,  7,  8  and  12  of  UNSCR 
2206 (2015) and paragraph 14 of UNSCR 2428 (2018).' 

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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