Council Regulation (EU) 2024/1796 of 24 June 2024 amending Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

Official Journal EN of the European Union L series 2024/1796 25.6.2024 COUNCIL REGULATION (EU) 2024/1796 of 24 June 2024 amending Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran 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) 2024/1795 of 24 June 2024 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (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 12 April 2011, the Council adopted Decision 2011/235/CFSP (2) and Regulation (EU) No 359/2011 (3).

(2) On the basis of a review of Decision 2011/235/CFSP and Regulation (EU) No 359/2011, and in order to facilitate principled humanitarian action by impartial humanitarian actors in Iran, the Council considers that certain organisation and agencies acting as humanitarian partners of the Union should be exempted from the prohibition to make funds or economic resources available to designated persons, entities and bodies, for exclusively humanitarian purposes in Iran. In addition, the Council considers that a derogation mechanism should be introduced for those organisations and actors involved in humanitarian activities that cannot benefit from that humanitarian exemption.

(3) On 24 June 2024, the Council adopted Decision (CFSP) 2024/1795 amending Decision 2011/235/CFSP. Decision

(CFSP) 2024/1795 introduces humanitarian exceptions from the restrictive measures directed against certain persons and entities in view of the situation in Iran.

(4) Those 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, notably with a view to ensuring their uniform application in all Member States.

(5) Regulation (EU) No 359/2011 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1 In Regulation (EU) No 359/2011, the following Article is inserted: ‘Article 7a

1. The prohibition set out in Article 2(2) shall not apply to funds or economic resources made available by organisations and agencies which are pillar-assessed by the Union and with which the Union has signed a financial framework partnership agreement on the basis of which the organisations and agencies act as humanitarian partners of the Union, provided that the provision of such funds or economic resources is necessary for exclusively humanitarian purposes in Iran.

2. In cases not covered by paragraph 1 of this Article, and by way of derogation from paragraphs 1 and 2 of Article 2, the competent authorities of a Member State may grant specific or general authorisations, under such general or specific conditions as they deem appropriate, to release certain frozen funds or economic resources or to make available certain funds or economic resources, provided that the provision of such funds or economic resources is necessary for exclusively humanitarian purposes in Iran.

(1) OJ L, 2024/1795, 24.6.2024, ELI: http://data.europa.eu/eli/dec/2024/1795/oj.

(2) Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ L 100, 14.4.2011, p. 51).

(3) Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ L 100, 14.4.2011, p. 1).

ELI: http://data.europa.eu/eli/reg/2024/1796/oj 1/2EN OJ L, 25.6.2024

3. In the absence of a negative decision, a request for information or a notification for additional time from the relevant competent authority within 5 working days of the date of receipt of a request for authorisation under paragraph 2, the 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 or 3 within 2 weeks of such authorisation.’.

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 Luxembourg, 24 June 2024.

For the Council The President J. BORRELL FONTELLES 2/2 ELI: http://data.europa.eu/eli/reg/2024/1796/oj