natgillin/translations-raw huggingface dataset:
Tiek iesaldēti visi līdzekļi un saimnieciskie resursi, kas ir to fizisko vai juridisko personu, iestāžu vai organizāciju īpašumā, valdījumā vai turējumā, kuras uzskaitītas I pielikumā .
(1) All funds and economic resources owned, or controlled, directly or indirectly, by the natural or legal persons, entities or bodies listed in Annex I shall be frozen.
Jebkuru informāciju, kas sniegta vai saņemta saskaņā ar šo pantu, izmanto vienīgi tam nolūkam, kādam tā tika sniegta vai saņemta.
Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
To izmanto tikai līdzekļu iesaldēšanai nepieciešamajā laika posmā, un uz to attiecina kārtību, kas garantē datu aizsardzību.
Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received and only for the period necessary for the assets to be frozen and shall be subject to rules guaranteeing data protection.
Personām, kuru līdzekļi ir netaisnīgi iesaldēti, atmaksā summu, kas ir līdzvērtīga netaisnīgi nodarītā kaitējuma kvalitātei un apmēram.
Entities whose funds have been unjustly frozen shall be reimbursed with an amount equal to the quality and quantity of the prejudice unjustly suffered.
10. panta 1. daļa
Article 10, line 1
Komisija ir pilnvarota:
The Commission shall be empowered to:
Komisija pēc apspriešanās ar Eiropas Parlamentu ir pilnvarota:
The Commission shall be empowered , following consultation of the European Parliament, to:
10. panta 1. daļas a) apakšpunkts
Article 10, point a
a) grozīt I pielikumu , pamatojoties uz Apvienoto Nāciju Organizācijas Drošības padomes konstatējumiem; un
(a) amend Annex I on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee; and
a) pamatojoties uz Apvienoto Nāciju Organizācijas Drošības padomes vai Sankciju komitejas secinājumiem , noteikt un grozīt sarakstu ar juridiskajām vai fiziskajām personām, iestādēm vai organizācijām, kuru līdzekļi un saimnieciskie resursi ir jāiesaldē, kā arī labot sarakstu pierādītas kļūdas gadījumā, un
(a) draw up and amend , on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee, a list of natural or legal persons, entities or bodies whose funds and economic resources are to be frozen and to correct that list in the case of proven errors and
10. panta 1. daļas b) apakšpunkts
Article 10, point b
b) grozīt II pielikumu, pamatojoties uz dalībvalstu sniegto informāciju.
(b) amend Annex II on the basis of information supplied by Member States.
b) grozīt pielikumu, pamatojoties uz dalībvalstu sniegto informāciju.
(b) amend the Annex on the basis of information supplied by Member States.
10. panta 1.a daļa (jauna)
Article 10, subparagraph 1 a (new)
Komisija iepriekš un konfidenciāli informē Eiropas Parlamenta Pilsoņu brīvību, tieslietu un iekšlietu komitejas priekšsēdētāju, kā arī Attīstības komitejas priekšsēdētāju par šā panta pirmās daļas a) apakšpunktā minētā saraksta sagatavošanu un grozīšanu.
The Commission shall inform the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Development of the European Parliament, in advance and confidentially, of the drawing-up and amending of the list referred to in subparagraph 1, point a.
Regulas 2. pantā minēto fizisko un juridisko personu, iestāžu un organizāciju saraksts
List of natural and legal persons, bodies or entities referred to in Article 2
On 15 November 2004, the United Nations Security Council, acting pursuant to Chapter VII of the United Nations Charter, adopted Resolution 1572/2004
On 15 November 2004, the United Nations Security Council, acting pursuant to Chapter VII of the United Nations Charter, adopted Resolution 1572/2004
http://daccessdds.un.org/doc/UNDOC/GEN/N04/607/38/PDF/N0460738.pdf?OpenElement in which it decided on a series of measures to tackle the threat to peace in Côte d’Ivoire.
http://daccessdds.un.org/doc/UNDOC/GEN/N04/607/38/PDF/N0460738.pdf?OpenElement in which it decided on a series of measures to tackle the threat to peace in Côte d’Ivoire.
These measures, which are compulsory for all the member states of the UN, focus in particular on:
These measures, which are compulsory for all the member states of the UN, focus in particular on:
- (paragraph 7) preventing the direct or indirect supply, sale or transfer to Côte d’Ivoire of arms or any related materiel;
- (paragraph 7) preventing the direct or indirect supply, sale or transfer to Côte d’Ivoire of arms or any related materiel;
- (paragraph 9) preventing the entry into or transit through their territories of all persons who constitute a threat to the peace and national reconciliation process in Côte d’Ivoire, and any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d’Ivoire or who incites publicly hatred and violence.
- (paragraph 9) preventing the entry into or transit through their territories of all persons who constitute a threat to the peace and national reconciliation process in Côte d’Ivoire, and any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d’Ivoire or who incites publicly hatred and violence.
The list of individuals in question will be drawn up by a Sanctions Committee established under Article 14 of this resolution;
The list of individuals in question will be drawn up by a Sanctions Committee established under Article 14 of this resolution;
- (paragraph 11) freezing the funds on their territories relating to the persons designated by the Committee established by paragraph 14 and preventing any persons within their territories from making any funds, financial assets or economic resources available to these persons or entities or for their benefit.
- (paragraph 11) freezing the funds on their territories relating to the persons designated by the Committee established by paragraph 14 and preventing any persons within their territories from making any funds, financial assets or economic resources available to these persons or entities or for their benefit.
The Council of the Union began implementing Resolution 1572/04 by adopting a 'common position' on 13 December 2004 under the common foreign and security policy (second pillar)
The Council of the Union began implementing Resolution 1572/04 by adopting a 'common position' on 13 December 2004 under the common foreign and security policy (second pillar)
OJ L 368, 15.12.04, available at:
OJ L 368, 15.12.04, available at:
http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2004/l_368/l_36820041215en00500053.pdf in which:
http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2004/l_368/l_36820041215en00500053.pdf in which:
- it established bans at Union level relating to arms trafficking and border controls and,
- it established bans at Union level relating to arms trafficking and border controls and,
- as the institution responsible for incorporating into Community law the list of persons to be established in line with Article 4 of Resolution 1572/04, it delegated this task to the Commission (as, in principle, it would not offer any margin of political discretion).
- as the institution responsible for incorporating into Community law the list of persons to be established in line with Article 4 of Resolution 1572/04, it delegated this task to the Commission (as, in principle, it would not offer any margin of political discretion).
It should be noted, however, that the annex to the common position contains no names but simply the instruction ' to be completed after designation by the Committee established by paragraph 14 of United Nations Security Council Resolution 1572 (2004). '
It should be noted, however, that the annex to the common position contains no names but simply the instruction ' to be completed after designation by the Committee established by paragraph 14 of United Nations Security Council Resolution 1572 (2004). '
As has been the case in comparable situations in the past, the application within the Community of the Council Common Position requires a Community measure, the legal basis for which would be:
As has been the case in comparable situations in the past, the application within the Community of the Council Common Position requires a Community measure, the legal basis for which would be:
- Article 301, which provides for the Council to adopt by qualified majority urgent measures necessary for ' a common position or … a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy ';
- Article 301, which provides for the Council to adopt by qualified majority urgent measures necessary for ' a common position or … a joint action adopted according to the provisions of the Treaty on European Union relating to the common foreign and security policy ';
- Article 60, which, pursuant to Article 301, allows for urgent measures to be taken on the movement of capital and on payments as regards citizens of the third countries concerned;
- Article 60, which, pursuant to Article 301, allows for urgent measures to be taken on the movement of capital and on payments as regards citizens of the third countries concerned;
- Article 308, which allows the same measures to be taken with regard to individuals and non-governmental organisations (in this specific case, most likely with regard to individuals in Côte d'Ivoire with links to rebels).
- Article 308, which allows the same measures to be taken with regard to individuals and non-governmental organisations (in this specific case, most likely with regard to individuals in Côte d'Ivoire with links to rebels).
Adding this third legal basis makes it possible to fill the gaps left by Articles 60 and 301 and, at the same time, involve the European Parliament in the decision-making process.
Adding this third legal basis makes it possible to fill the gaps left by Articles 60 and 301 and, at the same time, involve the European Parliament in the decision-making process.
The proposal submitted to Parliament
The proposal submitted to Parliament
In terms of form, both the Commission proposal and the Council position (which contains only minor changes) follow the pattern of the provisions under the ' Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy ' adopted by the Council on 3 December 2003
In terms of form, both the Commission proposal and the Council position (which contains only minor changes) follow the pattern of the provisions under the ' Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy ' adopted by the Council on 3 December 2003
Available in the Council register at: http://register.consilium.eu.int/pdf/fr/03/st15/st15579.fr03.pdf on the basis of several years' experience in this area.
Available in the Council register at: http://register.consilium.eu.int/pdf/fr/03/st15/st15579.fr03.pdf on the basis of several years' experience in this area.
This is particularly true of the definition of 'funds' and 'economic resources' and the wording of the derogations permitted for humanitarian reasons, to which the European Parliament paid special attention when it examined similar measures aimed at freezing the funds of terrorist organisations
This is particularly true of the definition of 'funds' and 'economic resources' and the wording of the derogations permitted for humanitarian reasons, to which the European Parliament paid special attention when it examined similar measures aimed at freezing the funds of terrorist organisations
See in particular:
See in particular:
- opinion of 13 December 2001 on the Draft Council regulation on specific restrictive measures directed against certain persons and entities with a view to combating international terrorism (4765/3/22001 - C5-0665/2001 - 2001/0228(CNS) )
- opinion of 13 December 2001 on the Draft Council regulation on specific restrictive measures directed against certain persons and entities with a view to combating international terrorism (4765/3/22001 - C5-0665/2001 - 2001/0228(CNS) )
- the resolutions adopted on 7 February 2002: European Parliament resolution on the Council's decision of 27 December 2001 on measures to combat terrorism ( P5_TA(2002)0055 ) and European Parliament resolution on the progress made in 2001 towards the establishment of the area of freedom, security and justice provided for in Article 2, fourth indent, of the TEU ( P5_TA(2002)0048 )
- the resolutions adopted on 7 February 2002: European Parliament resolution on the Council's decision of 27 December 2001 on measures to combat terrorism ( P5_TA(2002)0055 ) and European Parliament resolution on the progress made in 2001 towards the establishment of the area of freedom, security and justice provided for in Article 2, fourth indent, of the TEU ( P5_TA(2002)0048 )
- opinion adopted on 11 April 2002 on the proposal to freeze the funds of the Al-Qaida terrorist network ( COM(2002)0117 - C5-0132/2002 - 2002/0059(CNS) )
- opinion adopted on 11 April 2002 on the proposal to freeze the funds of the Al-Qaida terrorist network ( COM(2002)0117 - C5-0132/2002 - 2002/0059(CNS) )
- opinion of 16 September 2004 on the proposal for a Council regulation imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) ( COM(2004)0348 - SN 2057/2004 – C6-0041/2004 – 2004/0114(CNS) )
- opinion of 16 September 2004 on the proposal for a Council regulation imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) ( COM(2004)0348 - SN 2057/2004 – C6-0041/2004 – 2004/0114(CNS) )
It should be highlighted that the regulation allocates a significant role to the Commission
It should be highlighted that the regulation allocates a significant role to the Commission
The Commission already manages most executive activities; see the documents at:
The Commission already manages most executive activities; see the documents at:
http://europa.eu.int/comm/external_relations/cfsp/sanctions/index.htm , which, in line with Article 10, will have the task of updating:
http://europa.eu.int/comm/external_relations/cfsp/sanctions/index.htm , which, in line with Article 10, will have the task of updating:
- the list of persons whose funds are to be frozen (Annex 1), on instructions from the Security Council;
- the list of persons whose funds are to be frozen (Annex 1), on instructions from the Security Council;
- the list of authorities able to agree exemptions, including for humanitarian reasons (Annex 2), on the basis of information from the Member States.
- the list of authorities able to agree exemptions, including for humanitarian reasons (Annex 2), on the basis of information from the Member States.
Information relating to financial sanctions will be published in the Official Journal and made available to the public, in particular to banking establishments, by means of a general list of persons and goods affected by sanctions of this kind
Information relating to financial sanctions will be published in the Official Journal and made available to the public, in particular to banking establishments, by means of a general list of persons and goods affected by sanctions of this kind
Available at: http://europa.eu.int/comm/external_relations/cfsp/sanctions/list/consol-list.htm.
Available at: http://europa.eu.int/comm/external_relations/cfsp/sanctions/list/consol-list.htm.
This list was drawn up in collaboration with: BANKING FEDERATION OF THE EUROPEAN UNION, EUROPEAN SAVINGS BANKS GROUP, EUROPEAN ASSOCIATION OF COOPERATIVE BANKS, EUROPEAN ASSOCIATION OF PUBLIC BANKS et EUROPEAN ASSOCIATION OF PUBLIC BANKS AND FUNDING AGENCIES .
This list was drawn up in collaboration with: BANKING FEDERATION OF THE EUROPEAN UNION, EUROPEAN SAVINGS BANKS GROUP, EUROPEAN ASSOCIATION OF COOPERATIVE BANKS, EUROPEAN ASSOCIATION OF PUBLIC BANKS et EUROPEAN ASSOCIATION OF PUBLIC BANKS AND FUNDING AGENCIES .
Possible improvements to the procedure
Possible improvements to the procedure
Although there have been improvements in relation to past measures and the objective and content of the measures designed to maintain or restore peace in Côte d'Ivoire deserve strong support, it is regrettable that the Commission and the Council have not considered some of the more general suggestions submitted by Parliament during previous consultations.
Although there have been improvements in relation to past measures and the objective and content of the measures designed to maintain or restore peace in Côte d'Ivoire deserve strong support, it is regrettable that the Commission and the Council have not considered some of the more general suggestions submitted by Parliament during previous consultations.
Firstly, with regard to the procedure for drawing up the lists, it is not clear whether, as matters stand, the Sanctions Committee appointed by the Security Council will always be able to check the reliability of sources for including or removing the individuals or entities in question.
Firstly, with regard to the procedure for drawing up the lists, it is not clear whether, as matters stand, the Sanctions Committee appointed by the Security Council will always be able to check the reliability of sources for including or removing the individuals or entities in question.
In order to improve the lists' reliability, appropriate checking and/or correction mechanisms and minimum guarantees would need to be put in place for the individuals targeted, at least on the initiative of the members of the Sanctions Committee that are also EU Member States.
In order to improve the lists' reliability, appropriate checking and/or correction mechanisms and minimum guarantees would need to be put in place for the individuals targeted, at least on the initiative of the members of the Sanctions Committee that are also EU Member States.
It would be useful to stress the obligation of these countries to cooperate loyally with the EU and the other Member States, as required under Article 19 of the TEU, according to which ' Member States which are also members of the United Nations Security Council will concert and keep the other Member States fully informed .'
It would be useful to stress the obligation of these countries to cooperate loyally with the EU and the other Member States, as required under Article 19 of the TEU, according to which ' Member States which are also members of the United Nations Security Council will concert and keep the other Member States fully informed .'
This requirement is all the more important in this situation because, once the list has been adopted, the EU institutions and Member States will be answerable to the European Court of Human Rights and the Court of Justice.
This requirement is all the more important in this situation because, once the list has been adopted, the EU institutions and Member States will be answerable to the European Court of Human Rights and the Court of Justice.
The obligation of loyal cooperation that applies to the Security Council naturally also applies to the Sanctions Committee established by the former.
The obligation of loyal cooperation that applies to the Security Council naturally also applies to the Sanctions Committee established by the former.
It would, therefore, be most helpful if there could be close communication among EU Member States in the event of citizens of an EU Member State not represented in the Security Council or the Community itself being concerned (since it will be the responsibility of the Community as a whole once the list is adopted within the Union).
It would, therefore, be most helpful if there could be close communication among EU Member States in the event of citizens of an EU Member State not represented in the Security Council or the Community itself being concerned (since it will be the responsibility of the Community as a whole once the list is adopted within the Union).
Furthermore, in the specific case of Côte d'Ivoire, the Union could also look at the possibility of linking the UN sanctions with the equivalent EU mechanism provided for under Article 96 of the Cotonou Agreement between the Community and the ACP States.
Furthermore, in the specific case of Côte d'Ivoire, the Union could also look at the possibility of linking the UN sanctions with the equivalent EU mechanism provided for under Article 96 of the Cotonou Agreement between the Community and the ACP States.
Secondly, the Sanctions Committee should be able to examine as a matter of urgency the requests for humanitarian exemptions, especially when they are recommended by EU Member States that are also members of the Sanctions Committee.
Secondly, the Sanctions Committee should be able to examine as a matter of urgency the requests for humanitarian exemptions, especially when they are recommended by EU Member States that are also members of the Sanctions Committee.
The latter would not be able to apply less stringent criteria in this second body than they are obliged to apply within the Union.
The latter would not be able to apply less stringent criteria in this second body than they are obliged to apply within the Union.
From this point of view, it is to be welcomed that, in line with Parliament's requests during previous consultations, Articles 3 and 4 of the proposal for a Council Regulation provide for the possibility for the authorities of the Member State concerned to apply humanitarian exemptions in advance in emergencies (a principle implicitly recognised by Article 60(2) of the EC Treaty).
From this point of view, it is to be welcomed that, in line with Parliament's requests during previous consultations, Articles 3 and 4 of the proposal for a Council Regulation provide for the possibility for the authorities of the Member State concerned to apply humanitarian exemptions in advance in emergencies (a principle implicitly recognised by Article 60(2) of the EC Treaty).
In terms of the structure of the proposal for a Council Regulation, it seems contrary to the Treaty to submit for Parliament's consultation a text containing a blank annex (according to Court of Justice case-law, Parliament must have access to all the necessary information for it to deliver an opinion).
In terms of the structure of the proposal for a Council Regulation, it seems contrary to the Treaty to submit for Parliament's consultation a text containing a blank annex (according to Court of Justice case-law, Parliament must have access to all the necessary information for it to deliver an opinion).
If proceedings for infringements of an essential procedural requirement (a problem that has arisen on the publication of similar lists in the past) are to be avoided, the most sensible solution would be to omit the annex from the body of the regulation, making sure that it is adopted by the Commission as an implementing measure and that the parliamentary committee responsible is duly informed in advance (confidentially if necessary).
If proceedings for infringements of an essential procedural requirement (a problem that has arisen on the publication of similar lists in the past) are to be avoided, the most sensible solution would be to omit the annex from the body of the regulation, making sure that it is adopted by the Commission as an implementing measure and that the parliamentary committee responsible is duly informed in advance (confidentially if necessary).
Attīstības komitejaS ATZINUMS
OPINION of the Committee on Development
sur la proposition de règlement du Conseil instituant certaines mesures restrictives spécifiques à l'encontre de certaines personnes et entités au regard de la situation en Côte d'Ivoire
on the proposal for a Council regulation on imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire