See Full Document Text
Official Journal EN
of the European Union L series
2023/2694 28.11.2023
COUNCIL REGULATION (EU) 2023/2694
of 27 November 2023
amending certain Council Regulations concerning restrictive measures in order to insert provisions
on humanitarian exceptions
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 the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and
the European Commission,
Whereas:
(1) The Union is able to impose restrictive measures, including the freezing of funds and economic resources, against
designated natural or legal persons, entities and bodies. Council Regulations give effect to such measures.
(2) On 9 December 2022, the United Nations Security Council (UNSC) adopted United Nations Security Council
Resolution (UNSCR) 2664 (2022). Paragraph 1 of UNSCR 2664 (2022) states 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)and Regulation (EU) 2023/331(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. On 31 March 2023, the Council
adopted Decision (CFSP) 2023/726(3) and Regulation (EU) 2023/720(4), which introduced the humanitarian
exemption pursuant to UNSCR 2664 (2022) in the Union restrictive measures regimes that give effect to the
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
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.
(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 Regulation (EU) 2023/331 of 14 February 2023 amending certain Council Regulations concerning restrictive measures in
order to insert provisions on a humanitarian exemption (OJ L 47, 15.2.2023, p. 1).
(3) 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).
(4) Council Regulation (EU) 2023/720 of 31 March 2023 amending certain Council Regulations concerning restrictive measures in order
to insert provisions on a humanitarian exemption (OJ L 94, 3.4.2023, p. 1).
ELI: http://data.europa.eu/eli/reg/2023/2694/oj 1/9EN
OJ L, 28.11.2023
(5) On 27 November 2023, the Council adopted Decision (CFSP) 2023/2686(5), amending certain Council Decisions to
insert provisions on humanitarian exceptions.
(6) The amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is
necessary in order to implement them, in particular with a view to ensuring their uniform application in all
Member States.
(7) Council Regulations (EC) No 314/2004(6), (EU) No 1284/2009(7), (EU) No 101/2011(8), (EU) No 401/2013(9),
(EU) 2015/1755(10), (EU) 2017/2063(11), (EU) 2019/796(12), (EU) 2019/1716(13)and (EU) 2021/1275(14)should
therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EC) No 314/2004, the following Article is inserted:
‘Article 7a
1. Article 6(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.
(5) Council Decision (CFSP) 2023/2686 of 27 November 2023 amending certain Council Decisions concerning restrictive measures in
order to insert provisions on humanitarian exceptions (OJ L, 2023/2686, 28.11.2023, ELI: http://data.europa.eu/eli/dec/2023/2686/
oj).
(6) Council Regulation (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in view of the situation in Zimbabwe
(OJ L 55, 24.2.2004, p. 1).
(7) Council Regulation (EU) No 1284/2009 of 22 December 2009 concerning restrictive measures in view of the situation in Guinea
(OJ L 346, 23.12.2009, p. 26).
(8) Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities
and bodies in view of the situation in Tunisia (OJ L 31, 5.2.2011, p. 1).
(9) Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in view of the situation in Myanmar/Burma and
repealing Regulation (EC) No 194/2008 (OJ L 121, 3.5.2013, p. 1).
(10) Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257,
2.10.2015, p. 1).
(11) Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela
(OJ L 295, 14.11.2017, p. 21).
(12) Council Regulation (EU) 2019/796 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. 1).
(13) Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua
(OJ L 262, 15.10.2019, p. 1).
(14) Council Regulation (EU) 2021/1275 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon (OJ L 277 I,
2.8.2021, p. 1).
2/9 ELI: http://data.europa.eu/eli/reg/2023/2694/ojEN
OJ L, 28.11.2023
2. Without prejudice to paragraph 1, and by way of derogation from Article 6(1) and (2), the competent authorities of
the Member States as listed in Annex II 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.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 2
In Regulation (EU) No 1284/2009, the following Article is inserted:
‘Article 8a
1. Article 6(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. Without prejudice to paragraph 1, and by way of derogation from Article 6(1) and (2), the competent authorities of
the Member States as indicated in the websites listed in Annex III 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.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
ELI: http://data.europa.eu/eli/reg/2023/2694/oj 3/9EN
OJ L, 28.11.2023
Article 3
In Regulation (EU) No 101/2011, the following Article is inserted:
‘Article 4a
1. Article 2(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. Without prejudice to paragraph 1, and by way of derogation from Article 2(1) and (2), the competent authorities of
the Member States, as listed in Annex II, 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.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 4
In Regulation (EU) No 401/2013, Article 4da is replaced by the following:
‘Article 4da
1. Article 4a(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;
4/9 ELI: http://data.europa.eu/eli/reg/2023/2694/ojEN
OJ L, 28.11.2023
(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. Without prejudice to paragraph 1, and by way of derogation from Article 4a(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.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 5
In Regulation (EU) 2015/1755, the following Article is inserted:
‘Article 4a
1. Article 2(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.
ELI: http://data.europa.eu/eli/reg/2023/2694/oj 5/9EN
OJ L, 28.11.2023
2. Without prejudice to paragraph 1, 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.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 6
In Regulation (EU) 2017/2063, the following Article is inserted:
‘Article 9a
1. Article 8(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. Without prejudice to paragraph 1, and by way of derogation from Article 8(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.
3. 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 2, that
authorisation shall be considered granted.
6/9 ELI: http://data.europa.eu/eli/reg/2023/2694/ojEN
OJ L, 28.11.2023
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 7
In Regulation (EU) 2019/796, the following Article is inserted:
‘Article 4a
1. Article 3(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. Without prejudice to paragraph 1, and by way of derogation from Article 3(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.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 8
In Regulation (EU) 2019/1716, Article 6 is replaced by the following:
‘Article 6
1. Article 2(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;
ELI: http://data.europa.eu/eli/reg/2023/2694/oj 7/9EN
OJ L, 28.11.2023
(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. Without prejudice to paragraph 1, 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.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 9
In Regulation (EU) 2021/1275, Article 4 is replaced by the following:
‘Article 4
1. Article 2(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.
8/9 ELI: http://data.europa.eu/eli/reg/2023/2694/ojEN
OJ L, 28.11.2023
2. Without prejudice to paragraph 1, and by way of derogation from Article 2(1) and (2), 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 to ensure the timely delivery of humanitarian assistance or to support other activities that
support basic human needs.
3. 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 2, that
authorisation shall be considered granted.
4. The Member State concerned shall inform the other Member States and the Commission of any authorisations
granted under paragraphs 2 and 3 within four weeks of such authorisation.’.
Article 10
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, 27 November 2023.
For the Council
The President
Y. DÍAZ PÉREZ
ELI: http://data.europa.eu/eli/reg/2023/2694/oj 9/9