COUNCIL DECISION 2011/635/CFSP
of 26 September 2011
amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, in particular Article 29 thereof,
Whereas:
(1)
On 10 December 2002, the Council adopted Common Position 2002/960/CFSP concerning restrictive measures against Somalia (1) following United Nations Security Council Resolutions (UNSCR) 733 (1992), 1356 (2001) and 1425 (2002).
(2)
On 16 February 2009, the Council adopted Common Position 2009/138/CFSP concerning restrictive measures against Somalia and repealing Common Position 2002/960/CFSP (2), implementing UNSCR 1844 (2008). On 1 March 2010, the Council adopted Decision 2010/126/CFSP amending Common Position 2009/138/CFSP (3) and implementing UNSCR 1907 (2009).
(3)
On 26 April 2010, the Council adopted Decision 2010/231/CFSP concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (4) following the adoption of UNSCR 1916 (2010) and the adoption of the list of persons and entities which are subject to restrictive measures by the Sanctions Committee established pursuant to UNSCR 751 (1992) concerning Somalia (hereinafter referred to as the ‘Sanctions Committee’).
(4)
On 28 July 2011, the Sanctions Committee updated the list of persons and entities subject to restrictive measures.
(5)
On 29 July 2011, the United Nations Security Council adopted UNSCR 2002 (2011) extending the designation criteria to include political or military leaders recruiting or using children in armed conflicts in Somalia in violation of applicable international law, and individuals and entities being responsible for violations of applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement.
(6)
In addition, UNSCR 2002 (2011) clarified the exemption permitting the making available of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia, by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners.
(7)
Decision 2010/231/CFSP should be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/231/CFSP is hereby amended as follows:
1.
Article 2 is replaced by the following:
‘Article 2
Restrictive measures as provided for in Articles 3, 5(1) and 6(1) and (2) shall be imposed against persons and entities designated by the Sanctions Committee as:
-
engaging in or providing support for acts that threaten the peace, security or stability of Somalia, including acts that threaten the Djibouti Agreement of 18 August 2008 or the political process, or threaten the TFIs or AMISOM by force,
-
having acted in violation of the arms embargo and related measures as referred to in Article 1,
-
obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia,
-
being political or military leaders recruiting or using children in armed conflicts in Somalia in violation of applicable international law,
-
being responsible for violations of applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement.
The relevant persons and entities are listed in the Annex.’.
2.
Article 6(6) is replaced by the following:
‘6. Paragraphs 1 and 2 shall not apply to the making available of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia, by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners, including bilaterally or multilaterally funded NGOs participating in the UN Consolidated Appeal for Somalia.’.
Article 2
The Annex to Decision 2010/231/CFSP shall be replaced by the text set out in the Annex to this Decision.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 26 September 2011.