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Council Regulation (EU) 2021/1863 of 22 October 2021 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

Council Regulation (EU) 2021/1863 of 22 October 2021 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,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2021/1866 of 22 October 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo(1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

  1. Council Regulation (EC) No 1183/2005(2) gives effect to Decision 2010/788/CFSP(3) and provides for certain measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo, including a freezing of their assets.

  2. United Nations Security Council Resolution (‘UNSCR’) 2582 (2021) 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). Decision (CFSP) 2021/1866 gives effect to UNSCR 2582 (2021).

  3. Those measures fall within the scope of the Treaty on the Functioning of the European Union and, in particular with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is therefore necessary in order to give effect to Decision (CFSP) 2021/1866.

  4. Regulation (EC) No 1183/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 2a(1) of Regulation (EC) No 1183/2005, point (i) is replaced by the following:

  1. planning, directing, sponsoring or participating in attacks against MONUSCO peacekeepers or United Nations personnel, including members of the Group of Experts, or against medical personnel or humanitarian personnel;’.

Article 2

This Regulation shall enter into force on the day following that 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 Brussels, 22 October 2021.

For the Council

The President

G. Dovžan