natgillin/translations-raw huggingface dataset:
Fizične ali pravne osebe, subjekti ali organi, katerih sredstva so bila neupravičeno zamrznjena, prejmejo nadomestilo, katerega znesek se določi glede na vrsto in obseg neupravičeno povzročene škode.
Natural and legal persons and entities or bodies whose funds have been unjustly frozen shall receive a reimbursement, the amount of which shall be commensurate with the nature and extent of the damage unjustly inflicted.
Po posvetovanju z Evropskim parlamentom je Komisija pooblaščena za:
The Commission , after consulting the European Parliament, shall be empowered to:
(a) spremembe Priloge I na podlagi odločitev Odbora za sankcije;
(a) amend Annex I on the basis of determinations made by the Sanctions Committee ;
(a) oblikovanje in spremembe , na podlagi odločitev Odbora za sankcije, seznama fizičnih ali pravnih oseb, subjektov ali organov iz člena 2, katerih sredstva se zamrznejo, ter popravke seznama, če se dokažejo napake , in
(a) draw up and amend on the basis of determinations made by the Sanctions Committee a list of natural or legal persons, entities or bodies referred to in Article 2 whose funds and economic resources should be frozen, to correct the list if it is proven to contain an error, and
(b) spremembe Priloge na podlagi podatkov, ki so jih posredovale države članice.
(b) amend the annex on the basis of information supplied by Member States.
Komisija zaupno in vnaprej seznani odbora Evropskega parlamenta, pristojna za svoboščine in pravice državljanov, pravosodje in notranje zadeve ter za razvoj z izdelavo in spremembami seznama iz točke (a) odstavka 1.
The Commission shall supply prior information, in confidence, to the committee of the European Parliament responsible for civil liberties, justice and home affairs and that responsible for development concerning the drawing-up and amendment of the list referred to in the first paragraph, point (a).
Priloga se črta.
This annex is deleted .
On 18 April 2005, the United Nations Security Council, acting under Chapter VII of the UN Charter, adopted Resolution 1596 (2005)
On 18 April 2005, the United Nations Security Council, acting under Chapter VII of the UN Charter, adopted Resolution 1596 (2005)
Resolution 1596 (2005) adopted by the Security Council at its 5163rd session on 18 April 2005 (http://daccessdds.un.org/doc/UNDOC/GEN/N05/312/22/PDF/N0531222.pdf?OpenElement). amending the arms embargo imposed by UN Security Council Resolution 1493 (2003) and taking additional restrictive measures in respect of the Democratic Republic of the Congo.
Resolution 1596 (2005) adopted by the Security Council at its 5163rd session on 18 April 2005 (http://daccessdds.un.org/doc/UNDOC/GEN/N05/312/22/PDF/N0531222.pdf?OpenElement). amending the arms embargo imposed by UN Security Council Resolution 1493 (2003) and taking additional restrictive measures in respect of the Democratic Republic of the Congo.
The additional restrictive measures concern restrictions on admission and financial restrictive measures against persons designated by the competent United Nations Sanctions Committee as acting in violation of the arms embargo imposed against the Democratic Republic of the Congo.
The additional restrictive measures concern restrictions on admission and financial restrictive measures against persons designated by the competent United Nations Sanctions Committee as acting in violation of the arms embargo imposed against the Democratic Republic of the Congo.
In order to implement Resolution 1596 (2005), the Council has adopted Common Position 2005/829/CFSP
In order to implement Resolution 1596 (2005), the Council has adopted Common Position 2005/829/CFSP
OJ L 152, 15.6.2005, p.
OJ L 152, 15.6.2005, p.
22 under the Common Foreign and Security Policy (CFSP - 2nd pillar).
22 under the Common Foreign and Security Policy (CFSP - 2nd pillar).
As was already the case in other comparable situations, including recently in the case of Côte d'Ivoire
As was already the case in other comparable situations, including recently in the case of Côte d'Ivoire
OJ L 95, 14.4.2005, p.
OJ L 95, 14.4.2005, p.
1. or Darfur in Sudan, the implementation of the Council's common position within the Community requires a Community measure whose legal basis would be:
1. or Darfur in Sudan, the implementation of the Council's common position within the Community requires a Community measure whose legal basis would be:
- Article 301, which empowers the Council to adopt by a qualified majority the urgent measures necessary to implement '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 empowers the Council to adopt by a qualified majority the urgent measures necessary to implement '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, further to Article 301, empowers the Council to take urgent measures on the movement of capital and on payments as regards citizens of third countries;
- Article 60, which, further to Article 301, empowers the Council to take urgent measures on the movement of capital and on payments as regards citizens of third countries;
- Article 308, which makes it possible to take the same measures against individuals or non-State organisations.
- Article 308, which makes it possible to take the same measures against individuals or non-State organisations.
The addition of this third legal basis makes it possible to overcome a loophole in Articles 60 and 301 and also makes it possible to involve the European Parliament in the decision-making procedure.
The addition of this third legal basis makes it possible to overcome a loophole in Articles 60 and 301 and also makes it possible to involve the European Parliament in the decision-making procedure.
The measure submitted to the EP
The measure submitted to the EP
In terms of form, both the Commission proposal and the Council text (which makes only limited changes) reflect the model provisions contained in 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 text (which makes only limited changes) reflect the model provisions contained in 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
Accessible on the register of the Council at the address: http://register.consilium.eu.int/pdf/fr/03/st15/st15579.fr03.pdf. on the basis of its many years of experience in this field.
Accessible on the register of the Council at the address: http://register.consilium.eu.int/pdf/fr/03/st15/st15579.fr03.pdf. on the basis of its many years of experience in this field.
This is particularly true of the definition of 'funds' and economic resources and above all the wording of the provisions concerning the exemptions which are permissible on humanitarian grounds, which the European Parliament particularly concentrated on when considering analogous measures to freeze the assets of terrorist organisations
This is particularly true of the definition of 'funds' and economic resources and above all the wording of the provisions concerning the exemptions which are permissible on humanitarian grounds, which the European Parliament particularly concentrated on when considering analogous measures to freeze the assets of terrorist organisations
- 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 (4765/3/2001 - C5-0665/2001 - 2001/0228(CNS) ) http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+TA+20011213+ITEMS+DOC+XML+V0//FR&LEVEL=3&NAV=X
- 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 (4765/3/2001 - C5-0665/2001 - 2001/0228(CNS) )http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+TA+20011213+ITEMS+DOC+XML+V0//FR&LEVEL=3&NAV=X
- resolutions adopted on 7 February 2002 ( P5_TA(2002)0055 of 7 February 2002: Resolution of the European Parliament on the Council Decision taken on 27 December 2001 on measures to combat terrorism and ( P5_TA(2002)0055 ) Resolution of the European Parliament 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
- resolutions adopted on 7 February 2002 ( P5_TA(2002)0055 of 7 February 2002: Resolution of the European Parliament on the Council Decision taken on 27 December 2001 on measures to combat terrorism and ( P5_TA(2002)0055 ) Resolution of the European Parliament 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
- opinion adopted on 11 April 2002 on the proposal to freeze the assets of the Al-Qa'ida terrorist network ( COM(2002)0117 - C5-0132/2002 - 2002/0059(CNS) )
- opinion adopted on 11 April 2002 on the proposal to freeze the assets of the Al-Qa'ida 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) ) http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+TA+P6-TA-2004-0009+0+DOC+XML+V0//FR&LEVEL=3&NAV=X. or concerning Côte d'Ivoire
- 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) ) http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+TA+P6-TA-2004-0009+0+DOC+XML+V0//FR&LEVEL=3&NAV=X. or concerning Côte d'Ivoire
It may be noted that the regulation assigns a significant role to the Commission
It may be noted that the regulation assigns a significant role to the Commission
Which already manages most of the executive operations; in this regard, see documentation at: http://europa.eu.int/comm/external_relations/cfsp/sanctions/index.htm. , which will be expected to update, pursuant to Article 10:
Which already manages most of the executive operations; in this regard, see documentation at: http://europa.eu.int/comm/external_relations/cfsp/sanctions/index.htm. , which will be expected to update, pursuant to Article 10:
- on the basis of information supplied by the Council, the list of persons whose assets should be frozen (Annex 1),
- on the basis of information supplied by the Council, the list of persons whose assets should be frozen (Annex 1),
- on the basis of information supplied by Member States, the list of authorities with the power to decide on exemptions, particularly on humanitarian grounds (Annex 2).
- on the basis of information supplied by Member States, the list of authorities with the power to decide on exemptions, particularly on humanitarian grounds (Annex 2).
While recognising that the proposal contains certain improvements in comparison with the previous measures, and while strongly supporting the aim and substance of the proposed measures, the rapporteur can only deplore the fact, once again, that the Commission and the Council have failed to take account of certain more general suggestions which Parliament had made during previous consultation procedures.
While recognising that the proposal contains certain improvements in comparison with the previous measures, and while strongly supporting the aim and substance of the proposed measures, the rapporteur can only deplore the fact, once again, that the Commission and the Council have failed to take account of certain more general suggestions which Parliament had made during previous consultation procedures.
As regards the procedure to be adopted for the purpose of drawing up the lists, it is by no means apparent that, as things stand, Sanctions Committees set up by the Security Council are always in a position to check the reliability of sources with a view to including or removing given particular persons/bodies.
As regards the procedure to be adopted for the purpose of drawing up the lists, it is by no means apparent that, as things stand, Sanctions Committees set up by the Security Council are always in a position to check the reliability of sources with a view to including or removing given particular persons/bodies.
In order to improve the reliability of such lists, appropriate checking/and or correction procedures should therefore be provided for, as should minimum guarantees for the persons targeted, at least at the initiative of those States which are members both of the Sanctions Committees and of the EU.
In order to improve the reliability of such lists, appropriate checking/and or correction procedures should therefore be provided for, as should minimum guarantees for the persons targeted, at least at the initiative of those States which are members both of the Sanctions Committees and of the EU.
It may be worth recalling that the latter have an obligation to cooperate in good faith with the EU and with the other Member States, as provided for in Article 19 of the Treaty on European Union, which lays down that: 'Member States which are also members of the United Nations Security Council will concert and keep the other Member States fully informed.'
It may be worth recalling that the latter have an obligation to cooperate in good faith with the EU and with the other Member States, as provided for in Article 19 of the Treaty on European Union, which lays down that: '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 necessary in these situations because, once adopted, the list imposes on the EU institutions and the Member States legally binding obligations which can be enforced by the courts in Strasbourg and Luxembourg.
This requirement is all the more necessary in these situations because, once adopted, the list imposes on the EU institutions and the Member States legally binding obligations which can be enforced by the courts in Strasbourg and Luxembourg.
Clearly, the obligation to cooperate in good faith which applies in relation to the Security Council also applies in relation to Sanctions Committees which it sets up.
Clearly, the obligation to cooperate in good faith which applies in relation to the Security Council also applies in relation to Sanctions Committees which it sets up.
It would therefore be extremely desirable for close contacts to be established between Members of the Union in cases concerning nationals of EU Member States not represented on the Security Council or nationals of the Community itself (since, once adopted within the Union, it is the Community's responsibility which applies).
It would therefore be extremely desirable for close contacts to be established between Members of the Union in cases concerning nationals of EU Member States not represented on the Security Council or nationals of the Community itself (since, once adopted within the Union, it is the Community's responsibility which applies).
As regards the structure of the proposal for a regulation, it seems contrary to the Treaty to submit to Parliament for consultation a text containing an empty annex.
As regards the structure of the proposal for a regulation, it seems contrary to the Treaty to submit to Parliament for consultation a text containing an empty annex.
According to the case law of the Court, Parliament must receive all the information necessary to enable it to deliver an opinion.
According to the case law of the Court, Parliament must receive all the information necessary to enable it to deliver an opinion.
Thus in order to avoid actions being brought for infringements of essential procedural requirements (as has already happened in connection with the publication of other lists of the same nature), the most reasonable solution would be to delete the annex from the body of the regulation and stipulate that it should be drawn up as an implementing measure by the Commission and that Parliament's appropriate committees should be informed about it in advance (if appropriate, in confidence).
Thus in order to avoid actions being brought for infringements of essential procedural requirements (as has already happened in connection with the publication of other lists of the same nature), the most reasonable solution would be to delete the annex from the body of the regulation and stipulate that it should be drawn up as an implementing measure by the Commission and that Parliament's appropriate committees should be informed about it in advance (if appropriate, in confidence).
Concerning the substance
Concerning the substance
The rapporteur considers that the Sanctions Committee should be able to consider as a matter of urgency requests concerning humanitarian exemptions, particularly when they are put forward by EU Member States which are also members of the Sanctions Committee.
The rapporteur considers that the Sanctions Committee should be able to consider as a matter of urgency requests concerning humanitarian exemptions, particularly when they are put forward by EU Member States which are also members of the Sanctions Committee.
Such States should not be able to apply less stringent criteria within the Sanctions Committee than they are required to apply within the EU.
Such States should not be able to apply less stringent criteria within the Sanctions Committee than they are required to apply within the EU.
From this point of view, it is to be welcomed that, in accordance with what the European Parliament called for during previous consultation procedures, Articles 3 and 4 of the proposal for regulation lay down that in urgent cases the authorities of the Member State concerned may apply humanitarian exemptions in advance (a principle implicitly accepted by Article 60(2) of the EC Treaty).
From this point of view, it is to be welcomed that, in accordance with what the European Parliament called for during previous consultation procedures, Articles 3 and 4 of the proposal for regulation lay down that in urgent cases the authorities of the Member State concerned may apply humanitarian exemptions in advance (a principle implicitly accepted by Article 60(2) of the EC Treaty).
It may be recalled in this context that the report of the High-level Panel submitted to the Secretary-General of the United Nations in December 2004 makes recommendations for improving sanctions procedures (see particularly Recommendation 51
It may be recalled in this context that the report of the High-level Panel submitted to the Secretary-General of the United Nations in December 2004 makes recommendations for improving sanctions procedures (see particularly Recommendation 51
'Sanctions committees should improve procedures for providing humanitarian exemptions and routinely conduct assessments of the humanitarian impact of sanctions.
'Sanctions committees should improve procedures for providing humanitarian exemptions and routinely conduct assessments of the humanitarian impact of sanctions.
The Security Council should continue to strive to mitigate the humanitarian consequences of sanctions.'
The Security Council should continue to strive to mitigate the humanitarian consequences of sanctions.'
Report 'A more secure world: our shared responsibility', report to the Secretary-General of the United Nations by the High-level Panel on Threats, Challenges and Change in December 2004 - http://daccessdds.un.org/doc/UNDOC/GEN/N04/602/32/PDF/N0460232.pdf?OpenElement ).
Report 'A more secure world: our shared responsibility', report to the Secretary-General of the United Nations by the High-level Panel on Threats, Challenges and Change in December 2004 - http://daccessdds.un.org/doc/UNDOC/GEN/N04/602/32/PDF/N0460232.pdf?OpenElement ).
As proposed by the Committee on Development, amendments are tabled to:
As proposed by the Committee on Development, amendments are tabled to:
- include a specific reference to the Cotonou Agreement;
- include a specific reference to the Cotonou Agreement;
- stress that freezing funds and economic resources does not exempt parties which are in conflict from the obligation to put an end to the impunity enjoyed by people who are suspected of having committed serious violations of human rights and of international humanitarian law; nor should measures taken under Resolution 1596 constitute an obstacle to the continuation of the investigation by the Prosecutor at the International Criminal Court.
- stress that freezing funds and economic resources does not exempt parties which are in conflict from the obligation to put an end to the impunity enjoyed by people who are suspected of having committed serious violations of human rights and of international humanitarian law; nor should measures taken under Resolution 1596 constitute an obstacle to the continuation of the investigation by the Prosecutor at the International Criminal Court.
Accordingly, the rapporteur of the Committee on Civil Liberties, Justice and Home Affairs is tabling amendments to make these improvements in accordance with the opinion of the Committee on Development.
Accordingly, the rapporteur of the Committee on Civil Liberties, Justice and Home Affairs is tabling amendments to make these improvements in accordance with the opinion of the Committee on Development.
o predlogu uredbe Sveta o posebnih omejevalnih ukrepih za osebe, ki kršijo embargo na orožje glede Demokratične republike Kongo
on the proposal for a Council regulation imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
Odbor za razvoj poziva Odbor za državljanske svoboščine, pravosodje in notranje zadeve kot pristojni odbor, da v svoje poročilo vključi naslednje predloge sprememb:
The Committee on Development calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:
(3a) Skupnost ob uporabi ukrepov, predvidenih v Resoluciji Varnostnega sveta ZN 1572 (2004), zagotovi, da so ti ukrepi usklajeni s postopki iz Sporazuma o partnerstvu med članicami skupine afriških, karibskih in pacifiških državah na eni strani in Evropsko skupnostjo ter njenimi državami članicami na drugi, ki je bil podpisan 23. junija 2000 v Cotonouju (v Beninu)
(3a) When applying the measures provided for in UN Security Council Resolution 1572(2004), the Community shall ensure that such measures are coordinated with the procedures applicable under the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000
3. , še zlasti iz členov 8 in 96 sporazuma,
3. , in particular Articles 8 and 96 thereof,