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8.6.2013 Official
Journal
of
the
European
Union L
156/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 521/2013
of 6 June 2013
amending Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed
against persons acting in violation of the arms embargo with regard to the Democratic Republic of
the Congo
THE COUNCIL OF THE EUROPEAN UNION,
observations are submitted, or substantial new evidence
is presented, the Council should review its decision in
Having regard to the Treaty on the Functioning of the European
light of those observations and inform the person,
Union, and in particular Article 215 thereof,
entity or body concerned accordingly.
Having regard to Council Decision 2010/788/CFSP of
(5)
The power to amend the list in Annex I to Regulation
20 December 2010 concerning restrictive measures against
(EC) No 1183/2005 should be exercised by the Council,
the Democratic Republic of the Congo and repealing
in view of the specific threat to international peace and
Common Position 2008/369/CFSP (
security in the region posed by the situation in the

1 ),
Democratic Republic of the Congo and in order to
ensure consistency with the process for amending the
Having regard to the joint proposal from the High Represen
Annex to Decision 2010/788/CFSP.
tative of the Union for Foreign Affairs and Security Policy and
of the European Commission,
(6) These
measures
fall
within
the
scope
of
the
Treaty
on
the
Functioning of the European Union and regulatory action
Whereas:
at the level of the Union is therefore necessary in order
to give effect to them, in particular with a view to
(1) Council
Regulation
(EC)
No
1183/2005
of
18
July
ensuring their uniform application by economic
2005 (
operators in all Member States.

2 ) implements themeasures provided for in
Decision 2010/788/CFSP. Annex I to Regulation (EC)
No 1183/2005 lists the natural and legal persons,
(7) Regulation
(EC)
No
1183/2005
should
therefore
be
entities and bodies covered by the freezing of funds
amended accordingly,
and economic resources under that Regulation.
HAS ADOPTED THIS REGULATION:
(2) United
Nations
Security
Council
Resolution
(UNSCR)
2078 (2012) of 28 November 2012 amended the
criteria for the designation of persons and entities to
Article 1
be subject to the restrictive measures set out in para
graphs 9 and 11 of UNSCR 1807 (2008).
Regulation (EC) No 1183/2005 is amended as follows:

(3) On
20
December
2012,
the
Council
adopted
Decision (1) The following Article is inserted:
2012/811/CFSP ( 3 ) amending Decision 2010/788/CFSP
in accordance with UNSCR 2078 (2012).
"Article 2a
1. Annex
I
shall
include
the
natural
or
legal
persons,
(4) Regulation
(EC)
No
1183/2005
should
also
be
amended
entities or bodies designated by the Sanctions Committee
in order to lay down the procedure for amending the list
or the United Nations Security Council as:
in Annex I to that Regulation. That procedure should
include providing designated natural and legal persons,
entities or bodies with the grounds for listing, so as to
(a) persons or entities acting in violation of the arms
give them an opportunity to submit observations. Where
embargo and related measures as laid down in
Article 1 of Decision 2010/788/ CFSP and Article 2
of Council Regulation (EC) No 889/2005 of 13 June
( 1 ) OJ L 336, 21.12.2010, p. 30.
( 2 ) OJ L 193, 23.7.2005, p. 1.
2005 imposing certain restrictive measures in respect of
( 3 ) OJ L 352, 21.12.2012, p. 50.
the Democratic Republic of Congo (*),

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L 156/2
EN
Official Journal of the European Union
8.6.2013
(b) political and military leaders of foreign armed groups
names, including aliases, date and place of birth, nationality,
operating in the Democratic Republic of the Congo
passport and identity card numbers, gender, address, if
(DRC) who impede the disarmament and the
known, and function or profession. With regard to legal
voluntary repatriation or resettlement of combatants
persons, entities and bodies, such information may include
belonging to those groups,
names, place and date of registration, registration number
and place of business. Annex I shall also include the date of
(c) political and military leaders of Congolese militias
designation by the UN Security Council or by the Sanctions
receiving support from outside the DRC, who impede
Committee.
the participation of their combatants in disarmament,
___________
demobilisation and reintegration processes,
(*) OJ L 152, 15.6.2005, p. 1."
(d) political and military leaders operating in the DRC and
recruiting or using children in armed conflict contrary
(2) Article 9 is replaced by the following:
to applicable international law,
"Article 9
(e) individuals or entities operating in the DRC and
committing serious violations involving the targeting
1. Where the UN Security Council or the Sanctions
of children or women in situations of armed conflict,
Committee designates a natural or legal person, entity or
including killing and maiming, sexual violence,
body, the Council shall include such natural or legal person,
abduction, and forced displacement,
entity or body in Annex I.
(f) individuals or entities obstructing the access to or the
2. The
Council
shall
communicate
its
decision,
including
distribution of humanitarian assistance in the eastern
the grounds for listing, to the natural or legal person, entity
part of the DRC,
or body referred to in paragraph 1, either directly, if the
address is known, or through the publication of a notice,
(g) individuals or entities illegally supporting armed groups
providing such natural or legal person, entity or body with
in the eastern part of the DRC through illicit trade of
an opportunity to present observations.
natural resources, including gold,
3. Where observations are submitted, or where
(h) individuals or entities acting on behalf of or at the
substantial new evidence is presented, the Council shall
direction of a designated individual or entity owned or
review its decision and inform the natural or legal person,
controlled by a designated individual,
entity or body accordingly.
(i) individuals or entities who plan, sponsor or participate
4. Where the UN Security Council or the Sanctions
in attacks against peacekeepers of the United Nations
Committee decides to delist a natural or legal person,
Organization Stabilization Mission in the DRC (MON
entity or body, or to amend the identification data for a
USCO).
listed natural or legal person, entity or body, the Council
shall amend Annex I accordingly.
2. Annex
I
shall
include
the
grounds
for
listing
natural
or
legal persons, entities or bodies, as provided by the UN
5. The
Commission
shall
be
empowered
to
amend
Security Council or by the Sanctions Committee.
Annex II on the basis of information supplied by Member
Sates."
3. Annex I shall also include, where available,
information necessary to identify the natural or legal
Article 2
persons, entities and bodies concerned, as provided by the
UN Security Council or by the Sanctions Committee. With
This Regulation shall enter into force on the day following that
regard to natural persons, such information may include
of its publication 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 Luxembourg, 6 June 2013.
For the Council
The President
A. SHATTER

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