Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against Sudan and South Sudan and repealing Common Position 2005/411/CFSP

19.7.2011 EN Official Journal of the European Union L 188/20
COUNCIL DECISION 2011/423/CFSP
of 18 July 2011
concerning restrictive measures against Sudan and South Sudan and repealing Common Position 2005/411/CFSP
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1) On 30 May 2005, the Council adopted Common Position 2005/411/CFSP (1) concerning restrictive measures against Sudan. Common Position 2005/411/CFSP integrated the measures imposed by Common Position 2004/31/CFSP (2) and the measures to be imposed pursuant to United Nations Security Council Resolution 1591 (2005) (‘UNSCR 1591 (2005)’) into a single legal instrument.
(2) The scope of the restrictive measures imposed by Common Position 2005/411/CFSP should be adapted, and that Common Position should be replaced.
(3) The procedure for amending the Annex to this Decision should include a requirement to communicate to the designated persons and entities the grounds for listing, as provided by the Sanctions Committee established under UNSCR 1591 (2005), so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light thereof and inform the person or entity concerned accordingly.
(4) This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles.
(5) This Decision also fully respects the obligations of Member States under the United Nations Charter and the legally binding nature of United Nations Security Council Resolutions.
(6) The Union implementing measures are set out in Council Regulation (EC) No 131/2004 of 26 January 2004 concerning certain restrictive measures in respect of Sudan (3) and Council Regulation (EC) No 1184/2005 of 18 July 2005 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 (4),