Explanatory Memorandum to JOIN(2013)17 - Amendment of Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Congo - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2013)17 - Amendment of Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons ... |
|---|---|
| source | JOIN(2013)17  |
| date | 17-05-2013 |
Council Regulation (EC) No 1183/2005 gives effect to Council Decision 2010/788/CFSP 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.
By 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 amended the criteria for listing of natural or legal persons, entities or bodies in the Annex of that Decision in line with UNSCR 2078 (2012) of 28 November 2012.
Regulation (EC) No 1183/2005 should also be amended to take account of the requirement for legal safeguards provided for in Art 215(3) TFEU and the jurisprudence of the European Court of Justice.
These measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to give effect to it, in particular with a view to ensuring its uniform application by economic operators in all Member States.
The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission should propose to amend Regulation (EC) No 1183/2005 accordingly.