12.12.2016   

EN

Official Journal of the European Union

LI 336/7

(1)

On 20 December 2010, the Council adopted Decision 2010/788/CFSP (1).

(2)

On 17 October 2016, the Council adopted conclusions expressing deep concern at the political situation in the Democratic Republic of the Congo (DRC). In particular it strongly condemned the acts of extreme violence that took place on 19 and 20 September in Kinshasa, noting that those acts further exacerbated the deadlock in the country due to the failure to call the presidential elections by the constitutional deadline of 20 December 2016.

(3)

The Council stressed that, in order to create a climate conducive to dialogue and the holding of elections, the Government of the DRC must clearly commit to ensuring that human rights and the rule of law are respected and must cease all use of the justice system as a political tool. It also called on all stakeholders to reject the use of violence.

(4)

The Council also indicated its readiness to use all the means at its disposal, including restrictive measures against those responsible for serious human rights violations, those who promote violence and those who try to obstruct a consensual and peaceful solution to the crisis which respects the aspiration of the people of the DRC to elect their representatives.

(5)

Decision 2010/788/CFSP should therefore be amended accordingly.

(6)

Further action by the Union is needed in order to implement certain measures,

(1)

Article 3 is replaced by the following:

‘Article 3

1.   Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against persons and entities designated by the Sanctions Committee for engaging in or providing support for acts that undermine the peace, stability or security of the DRC. Such acts include:

The relevant persons and entities covered by this paragraph are listed in Annex I.

2.   Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against persons and entities:

as listed in Annex II.’;

(2)

Article 4 is replaced by the following:

‘Article 4

1.   Member States shall take the necessary measures to prevent the entry into or transit through their territories of the persons referred to in Article 3.

2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.   With regard to persons referred to in Article 3(1), paragraph 1 of this Article shall not apply:

In cases where, pursuant to this paragraph, a Member State authorises the entry into or transit through its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

4.   With regard to persons referred to in Article 3(2), paragraph 1 of this Article shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

5.   Paragraph 4 shall be considered as applying also where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

6.   Where a Member State grants an exemption pursuant to paragraph 4 or 5, it shall duly inform the Council thereof.

7.   With regard to persons referred to in Article 3(2), Member States may grant exemptions from the measures imposed under paragraph 1 of this Article where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings and those promoted or hosted by the European Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in DRC.

8.   A Member State wishing to grant exemptions referred to in paragraph 7 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Where one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

9.   Where, pursuant to paragraphs 4, 5, 6, 7 or 8 a Member State authorises the entry into, or transit through its territory of persons listed in Annex II, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.’;

(3)

Article 5 is replaced by the following:

‘Article 5

1.   All funds, other financial assets and economic resources owned or controlled directly or indirectly by the persons or entities referred to in Article 3 or held by entities owned or controlled directly or indirectly by them or by any persons or entities acting on their behalf or at their direction, as identified in Annex I and II, shall be frozen.

2.   No funds, other financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of the persons or entities referred to in paragraph 1.

3.   With regard to persons and entities referred to in Article 3(1), Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds, other financial assets and economic resources which are:

4.   The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds, other financial assets and economic resources, and in the absence of a negative decision by the Sanctions Committee within four working days of such notification.

5.   With regard to persons and entities referred to in Article 3(2), the competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

6.   By way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources for persons and entities listed in Annex II, provided that the following conditions are met:

The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.

7.   With regard to persons and entities listed in Annex II, exemptions may also be made for funds and economic resources which are necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies and food, or the transfer of humanitarian workers and related assistance or for evacuations from DRC.

8.   Paragraphs 1 and 2 shall not prevent a person or entity listed in Annex II from making a payment due under a contract entered into prior to the date on which the person or entity was listed therein, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a person or entity listed in Annex I or II.

9.   Paragraph 2 shall not apply to the addition to frozen accounts of:

provided that any such interest, other earnings and payments remain subject to paragraph 1.’;

(4)

Article 6 is replaced by the following:

‘Article 6

1.   The Council shall amend the list contained in Annex I on the basis of the determinations made by the United Nations Security Council or by the Sanctions Committee.

2.   The Council, acting upon a proposal from a Member State or from the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the list in Annex II.’;

(5)

Article 7 is replaced by the following:

‘Article 7

1.   Where the United Nations Security Council or the Sanctions Committee lists a person or entity, the Council shall include such person or entity in Annex I. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.

2.   The Council shall communicate the decision referred to in Article 6(2), including the grounds for the listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.

3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.’;

(6)

Article 8 is replaced by the following:

‘Article 8

1.   Annex I shall include the grounds for listing of listed persons and entities as provided by the United Nations Security Council or the Sanctions Committee.

2.   Annex I shall also include, where available, information provided by the United Nations Security Council or by the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the United Nations Security Council or by the Sanctions Committee.

3.   Annex II shall include the grounds for listing the persons and entities referred to therein.

4.   Annex II shall also include, where available, the information necessary to identify the persons or entities concerned. With regard to natural persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.’;

(7)

Article 9 is replaced by the following:

‘Article 9

1.   This Decision shall be reviewed, amended or repealed as appropriate, in particular in the light of relevant decisions by the United Nations Security Council.

2.   The measures referred to in Article 3(2) shall apply until 12 December 2017. They shall be renewed, or amended as appropriate, if the Council deems that their objectives have not been met.’;

(8)

The Annex to Decision 2010/788/CFSP is renamed Annex I and the headings in that Annex are replaced by the following ‘(a) List of persons referred to in Article 3(1)’ and ‘(b) List of entities referred to in Article 3(1)’;