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Official Journal EN
of the European Union L series
2023/2686 28.11.2023
COUNCIL DECISION (CFSP) 2023/2686
of 27 November 2023
amending certain Council Decisions concerning restrictive measures in order to insert provisions on
humanitarian exceptions
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) In its conclusions of 20 May 2021‘on the Communication from the Commission to the European Parliament and
the Council on the EU’s humanitarian action: new challenges, same principles’, the Council reaffirmed its
commitment to avoid and, where unavoidable, mitigate to the maximum extent any potential unintended negative
impacts of Union restrictive measures on principled humanitarian action. The Council reiterated that Union
restrictive measures comply with all obligations under international law, in particular international human rights
law, international humanitarian law and international refugee law. It underlined the importance of fully adhering to
humanitarian principles and international humanitarian law in Union sanctions policy, including through the
consistent inclusion of humanitarian exceptions in Union restrictive measures regimes where relevant, and by
ensuring that an effective framework is in place for the use of such exceptions by humanitarian organisations.
(2) On 9 December 2022, the United Nations Security Council (UNSC) adopted United Nations Security Council
Resolution (UNSCR) 2664 (2022), recalling its previous resolutions imposing sanctions measures in response to
threats to international peace and security, and emphasising that measures taken by United Nations Member States
to implement sanctions comply with their obligations under international law and are not intended to have adverse
humanitarian consequences for civilian populations or adverse consequences for humanitarian activities or those
carrying them out. The UNSC decided in paragraph 1 of UNSCR 2664 (2022) that the provision, processing or
payment of funds, other financial assets or economic resources or the provision of goods and services necessary to
ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs
by certain actors are permitted and are not a violation of the asset freezes imposed by the UNSC or its Sanctions
Committees.
(3) On 14 February 2023, the Council adopted Decision (CFSP) 2023/338(1), which introduced the humanitarian
exemption pursuant to UNSCR 2664 (2022) in the Union restrictive measures regimes that give effect to measures
decided upon by the UNSC or its Sanctions Committees. On 31 March 2023, the Council adopted Decision
(CFSP) 2023/726(2), which introduced the humanitarian exemption pursuant to UNSCR 2664 (2022) in the Union
restrictive measures regimes that give effect to measures decided upon by the UNSC or its Sanctions Committees and
in complementary measures decided upon by the Council.
(4) In order to increase consistency and coherence across Union restrictive measures regimes and with those adopted by
the UNSC or its Sanctions Committees, and to ensure the timely delivery of humanitarian assistance or to support
other activities that support basic human needs, the Council considers that an exemption to asset freeze measures
applicable to, and to the restrictions on making funds and economic resources available to, designated natural or
legal persons and entities, for the benefit of actors referred to in UNSCR 2664 (2022), organisations and agencies to
(1) Council Decision (CFSP) 2023/338 of 14 February 2023 amending certain Council decisions and common positions concerning
restrictive measures in order to insert provisions on a humanitarian exemption (OJ L 47, 15.2.2023, p. 50).
(2) Council Decision (CFSP) 2023/726 of 31 March 2023 amending certain Council Decisions concerning restrictive measures in order to
insert provisions on a humanitarian exemption (OJ L 94, 3.4.2023, p. 48).
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which the Union has granted the Humanitarian Partnership Certificate, organisations and agencies which are
certified or recognised by a Member State, or Member States’ specialised agencies should be introduced in certain
Union restrictive measures regimes. Furthermore, the Council considers that a derogation mechanism should be
introduced, or an existing derogation mechanism amended, for those organisations and actors involved in
humanitarian activities that cannot benefit from that exemption. The Council also considers that review clauses
related to those exceptions should be introduced. In addition, the Council considers that review clauses related to
the existing provisions on humanitarian exceptions should be introduced in certain other Union restrictive
measures regimes.
(5) It is therefore necessary to amend Council Decisions 2010/638/CFSP(3), 2011/72/CFSP(4), 2011/101/CFSP(5),
2011/173/CFSP(6), 2012/642/CFSP(7), 2013/184/CFSP(8), 2014/145/CFSP(9), (CFSP) 2015/1763(10),
(CFSP) 2017/2074(11), (CFSP) 2019/797(12), (CFSP) 2019/1720(13), (CFSP) 2021/1277(14), (CFSP) 2023/891(15)
and (CFSP) 2023/1532(16).
(6) Further action by the Union is necessary to implement certain measures in this Decision,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/638/CFSP is amended as follows:
(1) in Article 4, the following paragraphs are added:
‘6. Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure
the timely delivery of humanitarian assistance or to support other activities that support basic human needs where
such assistance and other activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(3) Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures in view of the situation in Guinea (OJ L 280,
26.10.2010, p. 10).
(4) Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in
view of the situation in Tunisia (OJ L 28, 2.2.2011, p. 62).
(5) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures in view of the situation in Zimbabwe (OJ L 42,
16.2.2011, p. 6).
(6) Council Decision 2011/173/CFSP of 21 March 2011 concerning restrictive measures in view of the situation in Bosnia and
Herzegovina (OJ L 76, 22.3.2011, p. 68).
(7) Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures in view of the situation in Belarus and the
involvement of Belarus in the Russian aggression against Ukraine (OJ L 285, 17.10.2012, p. 1).
(8) Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures in view of the situation in Myanmar/Burma and
repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, p. 75).
(9) Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening
the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16).
(10) Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257,
2.10.2015, p. 37).
(11) Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela
(OJ L 295, 14.11.2017, p. 60).
(12) Council Decision (CFSP) 2019/797 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its
Member States (OJ L 129 I, 17.5.2019, p. 13).
(13) Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua
(OJ L 262, 15.10.2019, p. 58).
(14) Council Decision (CFSP) 2021/1277 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon (OJ L 277 I,
2.8.2021, p. 16).
(15) Council Decision (CFSP) 2023/891 of 28 April 2023 concerning restrictive measures in view of actions destabilising the Republic of
Moldova (OJ L 114, 2.5.2023, p. 15).
(16) Council Decision (CFSP) 2023/1532 of 20 July 2023 concerning restrictive measures in view of Iran’s military support to Russia’s war
of aggression against Ukraine (OJ L 186, 25.7.2023, p. 20).
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(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.
7. Without prejudice to paragraph 6, and by way of derogation from paragraphs 1 and 2, the competent authorities
of a Member State 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 to ensure the timely delivery of humanitarian assistance or
to support other activities that support basic human needs.
8. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 7, that authorisation shall be considered granted.
9. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 7 and 8 within four weeks of such authorisation.’;
(2) in Article 8, the following paragraph is added:
‘3. The exceptions referred to in Article 4(6) and (7) as regards Article 4(1) and (2) shall be reviewed at regular
intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
Article 2
Decision 2011/72/CFSP is amended as follows:
(1) in Article 1, the following paragraphs are added:
‘6. Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or
economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of
humanitarian assistance or to support other activities that support basic human needs where such assistance and other
activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
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(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.
7. Without prejudice to paragraph 6, and by way of derogation from paragraphs 1 and 2, the competent authorities
of a Member State 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 to ensure the timely delivery of humanitarian assistance or
to support other activities that support basic human needs.
8. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 7, that authorisation shall be considered granted.
9. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 7 and 8 within four weeks of such authorisation.’;
(2) in Article 5, the following paragraph is added:
‘3. The exceptions referred to in Article 1(6) and (7) as regards Article 1(1) and (2) shall be reviewed at regular
intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
Article 3
Decision 2011/101/CFSP is amended as follows:
(1) in Article 5, the following paragraphs are added:
‘5. Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or
economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of
humanitarian assistance or to support other activities that support basic human needs where such assistance and other
activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.
6. Without prejudice to paragraph 5, and by way of derogation from paragraphs 1 and 2, the competent authorities
of a Member State 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 to ensure the timely delivery of humanitarian assistance or
to support other activities that support basic human needs.
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7. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 6, that authorisation shall be considered granted.
8. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 6 and 7 within four weeks of such authorisation.’;
(2) in Article 10, the following paragraph is added:
‘4. The exceptions referred to in Article 5(5) and (6) as regards Article 5(1) and (2) shall be reviewed at regular
intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
Article 4
Decision 2011/173/CFSP is amended as follows:
(1) in Article 2, the following paragraphs are added:
‘7. Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure
the timely delivery of humanitarian assistance or to support other activities that support basic human needs where
such assistance and other activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.
8. Without prejudice to paragraph 7, and by way of derogation from paragraphs 1 and 2, the competent authorities
of a Member State 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 to ensure the timely delivery of humanitarian assistance or
to support other activities that support basic human needs.
9. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 8, that authorisation shall be considered granted.
10. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 8 and 9 within four weeks of such authorisation.’;
(2) in Article 6, the following paragraph is added:
‘The exceptions referred to in Article 2(7) and (8) as regards Article 2(1) and (2) shall be reviewed at regular intervals,
and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
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Article 5
In Article 8 of Decision 2012/642/CFSP, the following paragraph is added:
‘3. The exception referred to in Article 5(1)(f)(i) as regards Article 4(1) and (2) shall be reviewed at regular intervals, and
at least every 12 months, or at the urgent request of any Member State, the High Representative or the Commission
following a fundamental change in circumstances.’.
Article 6
Decision 2013/184/CFSP is amended as follows:
(1) in Article 6, the following paragraph is added:
‘7. Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure
the timely delivery of humanitarian assistance or to support other activities that support basic human needs where
such assistance and other activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.’;
(2) Article 6a is replaced by the following:
‘Article 6a
1. Without prejudice to Article 6(7), and by way of derogation from Article 6(1) and (2), the competent authorities
of a Member State 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 to ensure the timely delivery of humanitarian assistance or
to support other activities that support basic human needs.
2. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under this
Article, that authorisation shall be considered granted.
3. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under this Article within four weeks of such authorisation.’;
(3) in Article 12, the following paragraph is added:
‘The exceptions referred to in Articles 6(7) and 6a(1) as regards Article 6(1) and (2) shall be reviewed at regular
intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances’.
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Article 7
In Article 6 of Decision 2014/145/CFSP, the following paragraph is added:
‘The exceptions referred to in Article 2(11), as regards Article 2(2), and in Article 2(12), as regards Article 2(1) and (2), shall
be reviewed at regular intervals, and at least every 12 months, or at the urgent request of any Member State, the High
Representative or the Commission following a fundamental change in circumstances.’.
Article 8
Decision (CFSP) 2015/1763 is amended as follows:
(1) in Article 2, the following paragraphs are added:
‘7. Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure
the timely delivery of humanitarian assistance or to support other activities that support basic human needs where
such assistance and other activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.
8. Without prejudice to paragraph 7, and by way of derogation from paragraphs 1 and 2, the competent authorities
of a Member State 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 to ensure the timely delivery of humanitarian assistance or
to support other activities that support basic human needs.
9. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 8, that authorisation shall be considered granted.
10. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 8 and 9 within four weeks of such authorisation.’;
(2) in Article 6, the following paragraph is added:
‘The exceptions referred to in Article 2(7) and (8) as regards Article 2(1) and (2) shall be reviewed at regular intervals,
and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
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Article 9
Decision (CFSP) 2017/2074 is amended as follows:
(1) in Article 7, the following paragraphs are added:
‘8. Paragraphs 1, 2 and 3 shall not apply to the provision, processing or payment of funds, other financial assets or
economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of
humanitarian assistance or to support other activities that support basic human needs where such assistance and other
activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.
9. Without prejudice to paragraph 8, and by way of derogation from paragraphs 1, 2 and 3, the competent
authorities of a Member State 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 to ensure the timely delivery of
humanitarian assistance or to support other activities that support basic human needs.
10. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 9, that authorisation shall be considered granted.
11. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 9 and 10 within four weeks of such authorisation.’;
(2) in Article 13, the following paragraph is added:
‘The exceptions referred to in Article 7(8) and (9) as regards Article 7(1), (2) and (3) shall be reviewed at regular
intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
Article 10
Decision (CFSP) 2019/797 is amended as follows:
(1) in Article 5, the following paragraphs are added:
‘7. Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure
the timely delivery of humanitarian assistance or to support other activities that support basic human needs where
such assistance and other activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
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(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.
8. Without prejudice to paragraph 7, and by way of derogation from paragraphs 1 and 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 provision of such funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance
or to support other activities that support basic human needs.
9. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under
paragraph 8, that authorisation shall be considered granted.
10. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 8 and 9 within four weeks of such authorisation.’;
(2) in Article 10, the following paragraph is added:
‘The exceptions referred to in Article 5(7) and (8) as regards Article 5(1) and (2) shall be reviewed at regular intervals,
and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
Article 11
Decision (CFSP) 2019/1720 is amended as follows:
(1) in Article 2, the following paragraph is added:
‘7. Paragraph 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure
the timely delivery of humanitarian assistance or to support other activities that support basic human needs where
such assistance and other activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
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(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.’;
(2) Article 3 is replaced by the following:
‘Article 3
1. Without prejudice to Article 2(7), and by way of derogation from Article 2(1) and (2), the competent authorities
of a Member State 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 to ensure the timely delivery of humanitarian assistance or
to support other activities that support basic human needs.
2. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under this
Article, that authorisation shall be considered granted.
3. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under this Article within four weeks of such authorisation.’;
(3) in Article 9, the following paragraph is added:
‘The exceptions referred to in Article 2(7) and Article 3 as regards Article 2(1) and (2) shall be reviewed at regular
intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
Article 12
Decision (CFSP) 2021/1277 is amended as follows:
(1) in Article 2, the following paragraph is added:
‘7. Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources necessary to ensure
the timely delivery of humanitarian assistance or to support other activities that support basic human needs where
such assistance and other activities are carried out by:
(a) the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised
agencies and related organisations;
(b) international organisations;
(c) humanitarian organisations having observer status with the UN General Assembly and members of those
humanitarian organisations;
(d) bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian
Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN
Office for the Coordination of Humanitarian Affairs;
(e) organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are
certified or recognised by a Member State in accordance with national procedures;
(f) Member States’ specialised agencies; or
(g) the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while
and to the extent that they are acting in those capacities.’;
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OJ L, 28.11.2023
(2) Article 3 is replaced by the following:
‘Article 3
1. Without prejudice to Article 2(7), and by way of derogation from Article 2(1) and (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 provision of such funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance
or to support other activities that support basic human needs.
2. In the absence of a negative decision, a request for information or a notification for additional time from the
relevant competent authority within five working days of the date of receipt of a request for authorisation under this
Article, that authorisation shall be considered granted.
3. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under this Article within four weeks of such authorisation.’;
(3) in Article 9, the following paragraph is added:
‘The exceptions referred to in Article 2(7) and Article 3 as regards Article 2(1) and (2) shall be reviewed at regular
intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the
Commission following a fundamental change in circumstances.’.
Article 13
In Article 8 of Decision (CFSP) 2023/891, the following paragraph is added:
‘The exceptions referred to in Article 2(7) and (8) as regards Article 2(1) and (2) shall be reviewed at regular intervals, and at
least every 12 months, or at the urgent request of any Member State, the High Representative or the Commission following
a fundamental change in circumstances.’.
Article 14
In Decision (CFSP) 2023/1532, Article 10 is replaced by the following:
‘Article 10
This Decision shall apply until 27 July 2024and shall be kept under constant review. It shall be renewed, or amended as
appropriate, if the Council deems that its objectives have not been met.
The exceptions referred to in Article 3(7) and (8) as regards Article 3(1) and (2) shall be reviewed at regular intervals, and at
least every 12 months, or at the urgent request of any Member State, the High Representative or the Commission following
a fundamental change in circumstances.’.
Article 15
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
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OJ L, 28.11.2023
Done at Brussels, 27 November 2023.
For the Council
The President
Y. DÍAZ PÉREZ
12/12 ELI: http://data.europa.eu/eli/dec/2023/2686/oj