Considerations on JOIN(2014)25 - Restrictive measures in respect of the situation in South Sudan

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dossier JOIN(2014)25 - Restrictive measures in respect of the situation in South Sudan.
document JOIN(2014)25 EN
date June 26, 2014
 
(1) On 18 July 2011, the Council adopted Decision 2011/423/CFSP2 which extended the arms embargo against Sudan to cover South Sudan.

(2) On 24 November 2011, the Council adopted Regulation (EU) No 1215/20113 which extended the scope of application of the arms embargo to South Sudan.

(3) On … June 2014, the Council adopted Decision 2014/…/CFSP4 separating the measures concerning South Sudan and integrating them into a single legal act and providing for restrictions on admission and the freezing of funds and economic resources of persons obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, as well as persons responsible for serious violations of human rights in South Sudan.

(4) These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

(5) For the sake of clarity, measures concerning South Sudan should be separated from measures concerning Sudan. Regulation (EC) No 131/2004 should therefore be replaced by this Regulation in so far as it concerns South Sudan. Regulation (EC) No 131/2004 should also be replaced by Regulation (EU) No …/2014 in so far as it concerns Sudan.

(6) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial and the right to the protection of personal data. This Regulation should be applied in accordance with those rights.

(7) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/20115.

(8) For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with this Regulation, must be made public. Any processing of personal data should comply with Regulation (EC) No 45/20016 and Directive 95/46/EC7.

(9) In order to ensure that the measures provided for in this Regulation are effective, it should enter into force immediately.