Considerations on JOIN(2018)18 - Restrictive measures in view of the situation in Maldives

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dossier JOIN(2018)18 - Restrictive measures in view of the situation in Maldives.
document JOIN(2018)18
date June 20, 2018
 
(1) On XXX the Council adopted Decision (CFSP) 2018/XXX concerning restrictive measures in view of the situation in Republic of Maldives ('the Maldives'). The Council Decision provides for travel restrictions and freezing of funds and economic resources of certain persons, entities or bodies responsible for undermining the rule of law or obstructing an inclusive political solution in the Maldives, as well as persons and entities responsible for serious human rights violations or abuses in the Maldives. Those persons, entities and bodies are listed in the Annex to Decision (CFSP) 2018/XXX.

(2) Further action by the Union is needed in order to implement Decision (CFSP) 2018/XXX.

(3) The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission should make a proposal for a Regulation concerning restrictive measures in view of the situation in the Maldives.

(4) 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.

(5) 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 182/20112.

(6) For the implementation of this regulation, and in order to ensure 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 (EU) 2016/679 (3) and Regulation (EC) No 45/20014.

(7) Member States and the Commission should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation.

(8) Member States should lay down rules on sanctions applicable to infringements of the provisions of this Regulation and make sure that they are implemented. Those sanctions should be effective, proportionate and dissuasive.

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