Date: 2020-04-03Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Regulation (EU) 2020/488 of 2 April 2020 amending Regulation (EU) No 1352/2014 concerning restrictive measures in view of the situation in Yemen
Executive Summary:
Council Regulation (EU) 2020/488, enacted on April 2, 2020, amends Regulation (EU) No 1352/2014 concerning restrictive measures against Yemen, following UN Security Council Resolution 2511 (2020). The regulation aims to implement amendments related to humanitarian assistance and sanctionable acts, including sexual violence and the use of children in armed conflicts. It adjusts the conditions under which activities can be authorized to facilitate humanitarian work. The Regulation enters into force the day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment of Article 3(1):**
* Annex I will include individuals and entities identified by the Sanctions Committee as involved in actions threatening Yemen's peace, security, or stability.
* This includes acts obstructing the political transition, impeding the implementation of the National Dialogue Conference outcomes, violating human rights or international humanitarian law (including sexual violence and child recruitment), violating the arms embargo, or obstructing humanitarian assistance.
* **Insertion of Article 3a (Derogation):**
* Member States' competent authorities may authorize technical, financial assistance related to activities described in Article 1a.
* Competent authorities may authorize the release of frozen funds or economic resources, provided the Sanctions Committee determines on a case-by-case basis that a derogation is necessary for humanitarian purposes or consistent with UNSCR 2140 (2014) and UNSCR 2216 (2015).
* **Amendment of Article 13(1)(a):**
* References to authorizations granted under Article 3a are included regarding funds frozen under Article 2.
Impact Analysis:
* **Member States:**
* Impact: Must amend national regulations to align with the updated EU regulation, specifically regarding the authorization of activities and release of frozen funds for humanitarian purposes in Yemen.
* Action Required: Update national legislation and procedures to reflect the changes in the EU regulation, particularly regarding the authorization of technical and financial assistance and the release of frozen assets under specific conditions.
* **Economic Operators:**
* Impact: Subject to the updated restrictive measures and potential sanctions related to activities in Yemen.
* Action Required: Ensure compliance with the amended regulations, including due diligence to avoid involvement in activities that could be sanctioned, and be aware of the conditions under which humanitarian activities can be authorized.
* **Humanitarian Organizations:**
* Impact: May benefit from the clarified conditions for receiving authorizations to facilitate their work in Yemen.
* Action Required: Be aware of the updated procedures for requesting and obtaining derogations from sanctions to ensure the continuation of humanitarian activities.
* **Sanctions Committee:**
* Impact: Responsible for identifying individuals and entities subject to sanctions and for assessing requests for derogations related to humanitarian activities.
* Action Required: Implement procedures for evaluating derogation requests on a case-by-case basis to facilitate humanitarian work while ensuring consistency with relevant UNSCRs.
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, which is the subject of restrictive measures outlined in the regulation.
Treaty on the Functioning of the European Union: A key treaty of the European Union, providing the legal basis for EU legislation.
Council Regulation EU No 1352/2014: A European Union regulation concerning restrictive measures in view of the situation in Yemen.
Council Decision 2014/932/CFSP: A Council Decision concerning restrictive measures in view of the situation in Yemen.
United Nations Security Council Resolution 2511 (2020): A resolution adopted by the United Nations Security Council, addressing the situation in Yemen.
United Nations Security Council Resolution 2140 (2014): A resolution adopted by the United Nations Security Council, concerning sanctions related to Yemen.
Gulf Cooperation Council Initiative and Implementation Mechanism Agreement: An agreement related to the political transition in Yemen.
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 105/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) 2020/488
of 2 April 2020
amending Regulation (EU) No 1352/2014 concerning restrictive measures in view of the situation in
Yemen
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 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the
situation in Yemen(1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and
the European Commission,
Whereas:
(1) On 18 December 2014, the Council adopted Regulation (EU) No 1352/2014(2).
(2) On 25 February 2020, the United Nations Security Council adopted Resolution 2511 (2020).
(3) United Nations Security Council Resolution (UNSCR) 2511 (2020) emphasises the importance of facilitating
humanitarian assistance. Furthermore, UNSCR 2511 (2020) provides that the Committee established pursuant to
paragraph 19 of UNSCR 2140 (2014) may, on a case-by-case basis, authorise activities which are 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 UNSCR 2140 (2014) and UNSCR 2216 (2015).
(4) UNSCR 2511 (2020) also specifies that sexual violence in armed conflict, and the recruitment or use of children in
armed conflict in violation of international law, are sanctionable acts.
(5) On 2 April 2020, the Council adopted Decision (CFSP) 2020/490(3), which amends Decision 2014/932/CFSP in
accordance with UNSCR 2511 (2020).
(6) Certain of these amendments fall within the scope of the Treaty on the Functioning of the European Union and
regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a
view to ensuring the uniform application by economic operators in all Member States.
(7) Council Regulation (EU) No 1352/2014 should therefore be amended accordingly,
(1) OJ L 365, 19.12.2014, p. 147.
(2) Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ
L 365, 19.12.2014, p. 60).
(3) Council Decision (CFSP) 2020/490 of 2 April 2020 amending Decision 2014/932/CFSP concerning restrictive measures in view of the
situation in Yemen (see page 7 of this Official Journal).L 105/2 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
HAS ADOPTED THIS REGULATION:
Article 1
Council Regulation (EU) No 1352/2014 is amended as follows:
(1) Article 3(1) is replaced by the following:
‘1. Annex I shall include natural or legal persons, entities and bodies identified by the Sanctions Committee as
engaging in or providing support for acts that threaten the peace, security or stability of Yemen, including but not
limited to:
(a) acts obstructing or undermining the successful completion of the political transition, as outlined in the Gulf
Cooperation Council Initiative and Implementation Mechanism Agreement;
(b) acts impeding the implementation of the outcomes of the final report of the Comprehensive National Dialogue
Conference through violence, or attacks on essential infrastructure;
(c) planning, directing or committing acts that violate applicable international human rights law or international
humanitarian law, or acts that constitute human rights abuses, in Yemen, including sexual violence in armed
conflict, or the recruitment or use of children in armed conflict in violation of international law;
(d) acts violating the arms embargo imposed by Article 1 of Decision 2014/932/CFSP or obstructing the delivery of
humanitarian assistance to Yemen or access to, or distribution of, humanitarian assistance in Yemen.’;
(2) the following article is inserted:
‘Article 3a
By way of derogation from Articles 1a and 2, the competent authorities of the Member States may authorise:
(a) the provision of technical assistance, financing or financial assistance related to the activities described in
Article 1a;
(b) 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, and provided that the Sanctions Committee has determined on a
case-by-case basis that a derogation 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 UNSCR 2140
(2014) and UNSCR 2216 (2015).’;
(3) in Article 13(1), point (a) is replaced by the following:
‘(a) in respect of funds frozen under Article 2 and authorisations granted under Articles 3a, 4, 5, 6 and 7;’.
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, 2 April 2020.
For the Council
The President
A. METELKO-ZGOMBIĆ