Explanatory Memorandum to COM(2005)180 - Specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan

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dossier COM(2005)180 - Specific restrictive measures directed against certain persons impeding the peace process and breaking international law in ...
source COM(2005)180 EN
date 29-04-2005
1. In view of recent developments in Sudan, and notably the continued violations of the N’djamena Ceasefire agreement of 8 April 2004 and the Abuja Protocols of 9 November 2004 by all sides in Darfur and the failure of the Government of Sudan and rebel forces and all other armed groups in Darfur to comply with their commitments and the demands of the Security Council, the United Nations Security Council decided on 29 March 2005 to enlarge the scope of the restrictive measures in force against Sudan.

2. The extended restrictive measures decided by the Security Council in its Resolution 1591 (2005) include, inter alia , the application, as of 28 April 2005, of the freezing of funds and economic resources of persons designated by the United Nations as impeding the peace process, constituting a threat to stability in Darfur and the region, committing either violations of international humanitarian or human rights law, or other atrocities, violating the arms embargo or being responsible for certain offensive military flights.

3. The freezing of funds and economic resources of designated persons falls within the scope of the Treaty. The proposed measures are similar to those imposed by means of Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and by means of Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY), to give but two examples.

4. As the freezing of funds and economic resources serves the objective of promoting international peace and security, the Council should adopt a Common Position calling for Community action, based on Article 15 of the Treaty on European Union (CFSP) for the Regulation to be in line with the Treaty establishing the European Community.