Executive Summary:
Council Decision CFSP 2020/490, adopted on April 2, 2020, amends Decision 2014/932/CFSP concerning restrictive measures in Yemen. The decision implements UN Security Council Resolution 2511 (2020) and expands sanctionable acts to include sexual violence and the use of children in armed conflict. It also provides for exemptions to facilitate humanitarian aid, as determined by the Sanctions Committee. This decision came into force the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
Amendment of Decision 2014/932/CFSP:
* Article 2a(1)(c) is updated to include "sexual violence in armed conflict, or the recruitment or use of children in armed conflict in violation of international law" as acts violating international human rights or humanitarian law.
* Article 2b(1)(c) is similarly updated to include "sexual violence in armed conflict, or the recruitment or use of children in armed conflict in violation of international law" as acts violating international human rights or humanitarian law.
Humanitarian Exemptions:
* Article 6a is inserted, allowing Member State competent authorities to grant exemptions to sanctions imposed by UNSCR 2140 (2014) and UNSCR 2216 (2015).
* Exemptions are granted on a case-by-case basis, provided the Sanctions Committee determines they are necessary to facilitate the work of the UN and other humanitarian organizations in Yemen or are consistent with the objectives of those resolutions.
Entry into Force:
* The decision enters into force on the day following its publication in the Official Journal of the European Union.
Impact Analysis:
Member States:
* Impact: Member states' competent authorities are responsible for granting authorizations for exemptions to sanctions for humanitarian purposes in Yemen, following the Sanctions Committee's determinations.
* Action Required: Member states need to ensure their competent authorities are aware of the new provisions regarding humanitarian exemptions and the expanded definition of sanctionable acts.
European Union:
* Impact: The EU strengthens its alignment with UN Security Council Resolutions and reinforces its commitment to addressing human rights violations and humanitarian concerns in Yemen.
* Action Required: The High Representative of the Union for Foreign Affairs and Security Policy should ensure the effective implementation of the amended decision.
Sanctions Committee (established by paragraph 19 of UNSCR 2140 (2014)):
* Impact: The Sanctions Committee is tasked with determining, on a case-by-case basis, whether exemptions to sanctions are necessary to facilitate humanitarian work in Yemen or align with the objectives of relevant resolutions.
* Action Required: The Committee must assess requests for exemptions and provide timely determinations to facilitate humanitarian efforts.
United Nations and Humanitarian Organizations:
* Impact: These organizations may benefit from exemptions to sanctions, enabling them to more effectively deliver aid and carry out their mandates in Yemen.
* Action Required: These organizations can apply for exemptions through the Sanctions Committee to facilitate their operations in Yemen.
Individuals and entities in Yemen:
* Impact: Individuals and entities involved in sexual violence in armed conflict or the recruitment/use of children in armed conflict now face a greater risk of being subjected to sanctions.
* Action Required: Compliance with international human rights law and international humanitarian law.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Yemen: A country located in the Middle East, specifically at the southern end of the Arabian Peninsula, and the focus of the restrictive measures outlined in the policy document.
Council Decision CFSP 2020/490: A Council Decision of the European Union amending Decision 2014/932/CFSP concerning restrictive measures in view of the situation in Yemen.
Decision 2014/932/CFSP: A Council Decision of the European Union concerning restrictive measures in view of the situation in Yemen, which is being amended by Council Decision CFSP 2020/490.
United Nations Security Council Resolution 2511 (2020): A resolution adopted by the United Nations Security Council expressing concern at the ongoing challenges in Yemen and reiterating the call for dialogue.
United Nations Security Council Resolution 2140 (2014): A resolution adopted by the United Nations Security Council, which establishes a committee to oversee sanctions related to the situation in Yemen.
United Nations Security Council Resolution 2216 (2015): A resolution adopted by the United Nations Security Council imposing further sanctions related to the situation in Yemen.
Brussels: The capital of Belgium and the location where the Council Decision was adopted.
3.4.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 105/7
COUNCIL DECISION (CFSP) 2020/490
of 2 April 2020
amending Decision 2014/932/CFSP concerning restrictive measures in view of the situation in
Yemen
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 18 December 2014, the Council adopted Decision 2014/932/CFSP(1) concerning restrictive measures in view of
the situation in Yemen.
(2) On 25 February 2020, the United Nations Security Council adopted Resolution 2511 (2020) expressing concern at
the ongoing political, security, economic and humanitarian challenges in Yemen, and reiterating its call for all parties
in Yemen to resolve their differences through dialogue and consultation.
(3) United Nations Security Council Resolution (UNSCR) 2511 (2020) emphasises the importance of facilitating
humanitarian assistance and provides that the Committee established by paragraph 19 of UNSCR 2140 (2014)
may, on a case-by-case basis, exempt any activity from the sanctions measures imposed by the Security Council in
UNSCR 2140 (2014) and UNSCR 2216 (2015) if the Committee determines that such an exemption is necessary to
facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose
consistent with the objectives of those Resolutions.
(4) UNSCR 2511 (2020) also affirms that sexual violence in armed conflict, or the recruitment or use of children in
armed conflict in violation of international law, could constitute an act, as specified in paragraph 18(c) of UNSCR
2140 (2014), and therefore a sanctionable act of engaging in or providing support for acts that threaten the peace,
security or stability of Yemen, as described in paragraph 17 of that Resolution.
(5) Further action by the Union is necessary to implement certain measures in this Decision.
(6) Decision 2014/932/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2014/932/CFSP is amended as follows:
(1) in Article 2a(1), point (c) is replaced by the following:
‘(c) planning, directing or committing acts that violate applicable international human rights law or international
humanitarian law, or acts that constitute human rights abuses, including sexual violence in armed conflict, or the
recruitment or use of children in armed conflict in violation of international law, in Yemen; or’;
(2) in Article 2b(1), point (c) is replaced by the following:
‘(c) planning, directing or committing acts that violate applicable international human rights law or international
humanitarian law, or acts that constitute human rights abuses, including sexual violence in armed conflict, or the
recruitment or use of children in armed conflict in violation of international law, in Yemen; or’;
(1) Council Decision 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ L 365,
19.12.2014, p. 147).L 105/8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 3.4.2020
(3) the following article is inserted:
‘Article 6a
By way of derogation from the measures imposed by UNSCR 2140 (2014) and UNSCR 2216 (2015), provided that the
Sanctions Committee has determined on a case-by-case basis that an exemption is necessary to facilitate the work of the
United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives
of those Resolutions, the competent authority of a Member State shall grant the necessary authorisation.’.
Article 2
This Decision shall enter into force on the date following its publication in the Official Journal of the European Union.
Done at Brussels, 2 April 2020.
For the Council
The President
A. METELKO-ZGOMBIĆ