CELEX: 52015JC0001
Language: en
Date: 2015-01-22
Title: Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

HIGH REPRESENTATIVE OF THE
                                                                   EUROPEAN UNION FOR
                            EUROPEAN                               FOREIGN AFFAIRS AND
                            COMMISSION                                  SECURITY POLICY
                                                      Brussels, 22.1.2015
                                                      JOIN(2015) 1 final
                                                      2015/0022 (NLE)
                                      Joint Proposal for a
                                 COUNCIL REGULATION
   amending Regulation (EU) No 208/2014 concerning restrictive measures directed against
           certain persons, entities and bodies in view of the situation in Ukraine
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 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   (1) Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive
       measures directed against certain persons, entities and bodies in view of the situation
       in Ukraine1 gives effect to certain measures provided for in Decision 2014/119/CFSP
       and provides for the freezing of funds and economic resources of certain persons
       identified as responsible for the misappropriation of Ukrainian State funds and persons
       responsible for human rights violations in Ukraine, and natural or legal persons,
       entities or bodies associated with them.
   (2) The Council is about to adopt a Decision amending Decision 2014/119/CFSP
       providing further detail on the designation criteria for the freezing of funds targeting
       persons responsible for the misappropriation of Ukrainian State funds and human
       rights violations.
   (3) Further action by the Union is needed in order to implement these modified listing
       criteria.
   (4) The High Representative of the Union for Foreign Affairs and Security Policy and the
       European Commission should make a proposal for a Regulation amending Regulation
       (EU) No 208/2014.
   1
       OJ L 66, 6.3.2014, p. 1.
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 ---pagebreak---                                                                     2015/0022 (NLE)
                                                 Joint Proposal for a
                                           COUNCIL REGULATION
   amending Regulation (EU) No 208/2014 concerning restrictive measures directed against
              certain persons, entities and bodies in view of the situation in Ukraine
   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 Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive
   measures directed against certain persons, entities and bodies in view of the situation in
   Ukraine2,
   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:
   (1)     Council Regulation (EU) No 208/20143 gives effect to certain measures provided for
           in Decision 2014/119/CFSP and provides for the freezing of funds and economic
           resources of certain persons identified as responsible for the misappropriation of
           Ukrainian State funds and persons responsible for human rights violations in Ukraine,
           and natural or legal persons, entities or bodies associated with them.
    (2)    On … January 2015, the Council adopted Decision 2015/…/CFSP4 which amends
           Decision 2014/119/CFSP and clarifies the designation criteria for the freezing of funds
           targeting persons responsible for the misappropriation of Ukrainian State funds and
           human rights violations.
   (3)     That amendment falls within the scope of the Treaty on the Functioning of the
           European Union 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 in order to implement them. Regulation (EU) No 208/2014 should therefore
           be amended accordingly.
   (4)     In order to ensure that the measures provided for in this Regulation are effective, it
           should enter into force immediately,
   HAS ADOPTED THIS REGULATION:
                                                       Article 1
   Article 3 of Regulation (EU) No 208/2014 is amended as follows:
   (1)     Paragraph 1 is replaced by the following:
   2
           OJ L 66, 6.3.2014, p. 26.
   3
           Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed
           against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 66, 6.3.2014, p. 1).
   4
           OJ L
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 ---pagebreak---            “1. Annex I shall include persons
                 (a)   responsible for the misappropriation of Ukrainian State funds;
                 (b)   responsible for human rights violations in Ukraine; and
                 (c)   natural or legal persons, entities or bodies associated with natural persons
                       refered to in (a) and (b).ˮ
   (2)    The following paragraph 1a is inserted:
           “1a. For the purposes of paragraph 1 ‘persons responsible for the misappropriation
                 of Ukrainian State funds’ include persons subject to investigation by the
                 Ukrainian authorities
                 (i)     for the misappropriation of Ukrainian public funds or assets or being
                         accomplice thereto; or
                 (ii)    for abuse of office by a public office-holder in order to procure an
                         unjustified advantage for him- or herself or for a third party and thereby
                         causing a loss to Ukrainian public funds or assets, or being accomplice
                         thereto.”
                                               Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of
   the European Union.
   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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