9.6.2015   

EN

Official Journal of the European Union

L 143/11

(1)

On 18 December 2014, the Council adopted Decision 2014/932/CFSP (1).

(2)

On 14 April 2015, the United Nations Security Council adopted Resolution 2216 (2015) which, inter alia, imposes an arms embargo against Ali Abdullah Saleh, Abdullah Yahya Al Hakim, Abd Al-Khaliq Al-Huthi and the individuals and entities designated by the Committee established pursuant to paragraph 19 of United Nations Security Council Resolution (UNSCR) 2140 (2014). This is without prejudice to the general prohibition on making economic resources available, directly or indirectly, to or for the benefit of those persons or entities.

(3)

UNSCR 2216 (2015) also underscores that acts that threaten the peace, security, or stability of Yemen may also include violations of the arms embargo, or obstructing the delivery of humanitarian assistance to Yemen or access to, or distribution of, humanitarian assistance in Yemen.

(4)

UNSCR 2216 (2015) further designates two individuals to be subjected to restrictive measures imposed by paragraphs 11 and 15 of UNSCR 2140 (2014).

(5)

Decision 2014/932/CFSP should therefore be amended accordingly,

(1)

Article 1 is renumbered Article 2a and the following point is added to paragraph 1:

;

(2)

Article 2 is renumbered Article 2b and the following point is added to paragraph 1:

;

(3)

in paragraph 5 of Article 2b, the reference to ‘Article 2(1)’ is replaced by a reference to ‘paragraph 1’;

(4)

the following Articles are inserted:

‘Article 1

1.   The direct or indirect sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned to, or for the benefit of, the individuals and entities designated by the United Nations Security Council or the Committee established pursuant to paragraph 19 of UNSCR 2140 (2014), and those acting on their behalf or at their direction in Yemen, by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.

The persons and entities referred to in this paragraph are listed in the Annex to this Decision.

2.   It shall be prohibited to:

Article 2

1.   Member States shall inspect, in accordance with their national authorities and legislation and consistently with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to Yemen in their territory, including their seaports and airports, if they have information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited under this Decision.

2.   Member States shall, upon discovery, seize and dispose of, including through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal, items whose supply, sale, transfer or export is prohibited under this Decision.

3.   Member States shall promptly submit to the Sanctions Committee an initial written report on the inspection referred to in paragraph 1 containing, in particular, an explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items were found. Furthermore, Member States shall submit to the Sanctions Committee within 30 days a subsequent written report containing relevant details on the inspection, seizure and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial written report.’