EURLEX ID:32021R2201
OJ编号:OJ L 446, 14.12.2021, p. 1–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
中文标题:理事会条例(EU) 2021/2201,修订关于针对马里现状采取限制性措施的条例(EU) 2017/1770
原文标题:Council Regulation (EU) 2021/2201 of 13 December 2021 amending Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali
生效日期:2021-12-15
废止日期:9999-12-31
法规全文:查看欧盟官方文件
14.12.2021 |
EN |
Official Journal of the European Union |
L 446/1 |
COUNCIL REGULATION (EU) 2021/2201
of 13 December 2021
amending Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali
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) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (1),
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1) |
Council Regulation (EU) 2017/1770 (2) gives effect to Decision (CFSP) 2017/1775 and provides for the freezing of funds and economic resources of certain persons designated by the United Nations Security Council (the ‘Security Council’) or by the relevant United Nations Sanctions Committee as responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of Mali. |
(2) |
Council Decision (CFSP) 2021/2208 (3) establishes criteria for Union autonomous listings. |
(3) |
Regulatory action at the Union level is therefore necessary to give effect to Decision (CFSP) 2021/2208, in particular with a view to ensuring uniform application by economic operators in all Member States. |
(4) |
Regulation (EU) 2017/1770 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) 2017/1770 is amended as follows:
(1) |
Article 2 is replaced by the following: ‘Article 2 1. All funds and economic resources belonging to, owned, held or controlled, directly or indirectly, by any natural or legal person, entity or body listed in Annex I or Annex Ia, shall be frozen. 2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex I or Annex Ia.’; |
(2) |
The following articles are inserted after Article 2: ‘Article 2a 1. Annex I shall include natural and legal persons, entities and bodies identified by the Security Council or by the Sanctions Committee as:
2. Annex I shall include the grounds for the listing of the persons, entities and bodies concerned. 3. Annex I shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business. Article 2b 1. Annex Ia shall include the natural or legal persons, entities or bodies designated by the Council on any of the following grounds:
2. Annex Ia shall include the grounds for listing the persons and entities referred to therein. 3. Annex Ia shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to natural persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.’; |
(3) |
In Article 3(1), point (a) is replaced by the following:
|
(4) |
In Article 3(1), point (c) is replaced by the following:
|
(5) |
In Article 3, paragraph 1, the last subparagraph is replaced by the following: ‘where the authorisation concerns a person, entity or body listed in Annex I and provided that the competent authority of the Member State concerned has notified the Sanctions Committee of that determination and its intention to grant an authorisation, and in the absence of a negative decision by the Sanctions Committee within 5 working days of such notification.’ |
(6) |
In Article 3, paragraphs 2, 3 and 4 are replaced by the following: ‘2. By way of derogation from Article 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are necessary for extraordinary expenses, provided that:
3. By way of derogation from Article 2, with regard to a natural or legal person, entity and body listed in Annex I, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, provided that the Sanctions Committee determined on a case-by-case basis that such a derogation would further the objectives of peace and national reconciliation in Mali and stability in the region. 4. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within 2 weeks of the authorisation.’; |
(7) |
The following articles are inserted after Article 3: ‘Article 3a 1. By way of derogation from Article 2, and with regard to a person, entity or body listed in Annex Ia, the competent authorities may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources is necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations from Mali. 2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation. Article 3b 1. By way of derogation from Article 2, and with regard to a person, entity or body listed in Annex Ia, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation. 2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.’; |
(8) |
Article 4 is replaced by the following: ‘Article 4 1. By way of derogation from Article 2, the competent authorities in the Member States may authorise the release of certain frozen funds or economic resources for natural or legal persons, entities or bodies listed in Annex I or Annex Ia, or the making available of certain funds or economic resources for natural or legal persons, entities or bodies listed in Annex I or Annex Ia, if the following conditions are met:
2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.’; |
(9) |
Article 5 is replaced by the following: ‘Article 5 1. By way of derogation from Article 2(1) and provided that a payment by a natural or legal person, entity or body listed in Annex I or Annex Ia is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, entity or body concerned, before the date on which that natural or legal person, entity or body was included in Annex I or Annex Ia, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
2. For a natural or legal person, entity or body listed in Annex I, the intention to grant an authorisation shall be notified by the relevant Member State to the Sanctions Committee 10 working days in advance. 3. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within 2 weeks of the authorisation.’; |
(10) |
In Article 6, paragraph 2 is replaced by the following: ‘2. Article 2(2) shall not apply to the addition to frozen accounts of:
provided that any such interest, other earnings and payments are frozen in accordance with Article 2.’; |
(11) |
Article 10(1), point (a) is replaced by the following:
|
(12) |
Article 12 is replaced by the following: ‘Article 12 1. Where the Security Council or the Sanctions Committee lists a natural or legal person, entity or body, the Council shall include such natural or legal person, entity or body in Annex I. 2. The Council shall establish and amend the list of natural or legal persons, entities or bodies in Annex Ia. 3. The Council shall communicate its decision to the natural or legal person, entity or body referred to in paragraphs 1 and 2, including the grounds for listing, either directly, if the address is known, or through the publication of a notice, providing that natural or legal person, entity or body with an opportunity to present observations. 4. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly. 5. Where the United Nations decides to delist a natural or legal person, entity or body, or to amend the identifying data of a listed natural or legal person, entity or body, the Council shall amend Annex I accordingly. 6. The list in Annex Ia shall be reviewed at regular intervals and at least every 12 months. 7. The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.’; |
(13) |
The following article is inserted after Article 13: ‘Article 13a 1. The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall process personal data in order to carry out their tasks under this Regulation. These tasks include:
2. The Council, the Commission and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annex I and Ia. 3. For the purposes of this Regulation, the Council, the Commission service listed in Annex II to this Regulation and the High Representative are designated as ‘controller’ within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament amd of the Council (*1), in order to ensure that the natural persons concerned can exercise their rights under that Regulation. (*1) Regulation (EU) 2018/1725 of the European Parliament and the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’;" |
(14) |
The title of Annex I is replaced by: ‘List of natural or legal persons, entities and bodies referred to in Article 2a’; |
(15) |
The following Annex is inserted after Annex I: ‘ANNEX Ia List of natural or legal persons, entities and bodies referred to in Article 2b |
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, 13 December 2021.
For the Council
The President
J. BORRELL FONTELLES
(1) OJ L 251, 29.9.2017, p. 23.
(2) Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (OJ L 251, 29.9.2017, p. 1).
(3) Council Decision (CFSP) 2021/2208 of 13 December 2021 amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali (see page 44 of this Official Journal).
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