HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
22.3.2011 Official
Journal
of
the
European
Union
L
76/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 269/2011
of 21 March 2011
amending Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect
of the Republic of Guinea
THE COUNCIL OF THE EUROPEAN UNION,
amended in light of the political situation and of the
Report of the International Commission of Inquiry
mandated to establish the facts and circumstances of
the events of 28 September 2009 in Guinea.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
(3) Regulation
(EU)
No
1284/2009,
as
amended
by
this
Regulation, respects the fundamental rights and
Having regard to Council Decision 2011/169/CFSP of 21 March
observes the principles recognised in particular by the
2011 amending Decision 2010/638/CFSP concerning restrictive
Charter of Fundamental Rights of the European Union
measures against the Republic of Guinea ( 1 ), adopted in
and notably the right to an effective remedy and to a fair
accordance with Chapter 2 of Title V of the Treaty on
trial and the right to the protection of personal data.
European Union,
Regulation (EU) No 1284/2009 should be applied in
accordance with those rights and principles.
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
the European Commission,
(4)
The power to amend the list in Annex II to Regulation
(EU) No 1284/2009 should be exercised by the Council,
in view of the political situation in the Republic of
Guinea, and to ensure consistency with the process for
Whereas:
amending and reviewing the Annex to Decision

2010/638/CFSP.
(1) Council
Regulation
(EU)
No
1284/2009
( 2 ) imposed
certain restrictive measures in respect of the Republic
(5) The
procedure
for
amending
the
list
in
Annex
II
to
of Guinea, in accordance with Common Position
Regulation (EU) No 1284/2009 should include
2009/788/CFSP (
providing designated natural or legal persons, entities

3 ) (later replaced by Decision
2010/638/CFSP (
or bodies with the grounds for listing, so as to give

4 )), in response to the violent
crackdown by security forces on political demonstrators
them an opportunity to submit observations. Where
in Conakry on 28 September 2009.
observations are submitted, or substantial new evidence
is presented, the Council should review its decision in
light of those observations and inform the person,
entity or body concerned accordingly.
(2) On
21
March
2011,
by
Decision
2011/169/CFSP,
the
Council decided that the restrictive measures imposed
in respect of the Republic of Guinea should be
(6) In
order
to
ensure
that
the
measures
provided
for
in
this
Regulation are effective, it should enter into force on the
( 1 ) See page 59 of this Official Journal.
( 2 ) OJ L 346, 23.12.2009, p. 26.
day of its publication.
( 3 ) Council Common Position 2009/788/CFSP of 27 October 2009
concerning restrictive measures against the Republic of Guinea (OJ
L 281, 28.10.2009, p. 7).
( 4 ) Council Decision 2010/638/CFSP of 25 October 2010 concerning
restrictive measures against the Republic of Guinea (OJ L 280,
(7) Regulation
(EU)
No
1284/2009
should
be
amended
26.10.2010, p. 10).
accordingly,

---

L 76/2
EN
Official Journal of the European Union
22.3.2011
HAS ADOPTED THIS REGULATION:
‘Article 15a
1. Where
the
Council
decides
to
subject
a
natural
or
legal
Article 1
person, entity or body to the measures referred to in
Article 6(1), it shall amend Annex II accordingly.
Regulation (EU) No 1284/2009 is hereby amended as follows:
2. The
Council
shall
communicate
its
decision,
including
1. Article 6(3) is replaced by the following:
the grounds for listing, to the natural or legal person, entity
or body referred to in paragraph 1, either directly, if the
‘3. Annex
II
shall
consist
of
the
persons
identified
by
the
address is known, or through the publication of a notice,
International Commission of Inquiry as responsible for the
providing such natural or legal person, entity or body with
28 September 2009 events in the Republic of Guinea, and
an opportunity to present observations.
natural or legal persons, entities or bodies associated with
them, as designated by the Council in accordance with
Article 4(1) of Council Decision 2010/638/CFSP of
3. Where
observations
are
submitted,
or
where
substantial
25 October 2010 concerning restrictive measures against
new evidence is presented, the Council shall review its
the Republic of Guinea (*).
decision and inform the natural or legal person, entity or
___________
body accordingly.
(*) OJ L 280, 26.10.2010, p. 10.’;
4. The
list
in
Annex
II
shall
be
reviewed
at
regular
intervals and at least every 12 months.’;
2. Article 15 is replaced by the following:
4. Annex II is replaced by the text appearing in the Annex to
‘Article 15
this Regulation.
The Commission shall be empowered to amend Annex III
on the basis of information supplied by Member States.’;
Article 2
This Regulation shall enter into force on the day of its publi
3. the following Article is inserted:
cation in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 2011.
For the Council
The President
C. ASHTON

---

EN
22.3.2011 Official
Journal
of
the
European
Union
L
76/3
ANNEX
‘ANNEX II
List of natural and legal persons, entities or bodies referred to in Article 6(3)
Name
Identifying information
(and possible aliases)
(date and place of birth (d.o.b. and p.o.b.),
Reasons
passport (Pass.)/ID card number, etc.)
1. Captain
Moussa
Dadis
CAMARA d.o.b:
01.01.64
or
29.12.68
Person identified by the Inter
national Commission of Inquiry as
Pass: R0001318
responsible for the 28 September
2009 events in Guinea
2. Commandant
Moussa
Tiégboro
d.o.b: 01.01.68
Person identified by the Inter
CAMARA
national Commission of Inquiry as
Pass: 7190
responsible for the 28 September
2009 events in Guinea
3. Colonel
Dr.
Abdoulaye
Chérif
d.o.b: 26.02.57
Person identified by the Inter
DIABY
national Commission of Inquiry as
Pass: 13683
responsible for the 28 September
2009 events in Guinea
4. Lieutenant
Aboubacar
Chérif
(alias
Person identified by the Inter
Toumba) DIAKIT
national Commission of Inquiry as
responsible for the 28 September
2009 events in Guinea
5. Lieutenant
Jean-Claude
PIVI
(alias
d.o.b: 01.01.60 Person
identified
by
the
Inter
Coplan)
national Commission of Inquiry as
responsible for the 28 September
2009 events in Guinea’.

---