COUNCIL DECISION 2012/811/CFSP
of 20 December 2012
amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 20 December 2010, the Council adopted Decision 2010/788/CFSP (1) imposing restrictive measures against the Democratic Republic of the Congo.
(2)
United Nations Security Council Resolution (UNSCR) 2078 (2012) of 28 November 2012 amended the criteria for the designation of persons and entities to be subject to the restrictive measures set out in paragraphs 9 and 11 of UNSCR 1807 (2008).
(3)
UNSCR 2078 (2012) also added a further exemption to the measures set out in paragraph 9 of UNSCR 1807 (2008).
(4)
On 12 and 30 November 2012, the Sanctions Committee established pursuant to UNSCR 1533 (2004) added additional persons to the list of persons and entities subject to restrictive measures.
(5)
Decision 2010/788/CFSP should be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/788/CFSP is hereby amended as follows:
(1)
Article 3 is replaced by the following:
‘Article 3
Restrictive measures as provided for in Articles 4(1) and 5(1) and (2) shall be imposed against the following persons and, as appropriate, entities, designated by the Sanctions Committee:
-
persons or entities acting in violation of the arms embargo and related measures as referred to in Article 1,
-
political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups,
-
political and military leaders of Congolese militias receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes,
-
political and military leaders operating in the DRC and recruiting or using children in armed conflict contrary to applicable international law,
-
individuals or entities operating in the DRC and committing serious violations involving the targeting of children or women in situations of armed conflict, including killing and maiming, sexual violence, abduction, and forced displacement,
-
individuals or entities obstructing the access to or the distribution of humanitarian assistance in the eastern part of the DRC,
-
individuals or entities illegally supporting armed groups in the eastern part of the DRC through illicit trade of natural resources, including gold,
-
individuals or entities acting on behalf of or at the direction of a designated individual or entity owned or controlled by a designated individual,
-
individuals or entities who plan, sponsor or participate in attacks against peacekeepers of the United Nations Organization Stabilization Mission in the DRC (MONUSCO).
The relevant persons and entities are listed in the Annex.’;
(2)
in Article 4(3) the following phrase is added after point (c):
‘or where such entry or transit is necessary for the fulfilment of judicial process.’.
Article 2
The persons listed in the Annex to this Decision shall be added to the list of persons set out in the Annex to Decision 2010/788/CFSP.
Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 20 December 2012.