Explanatory Memorandum to JOIN(2014)26 - Restrictive measures in view of the situation in Sudan

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This page contains a limited version of this dossier in the EU Monitor.



On 10 January 2004, the Council adopted Common Position 2004/31/CFSP maintaing the arms embargo against Sudan imposed by Council Decsion 94/165/CFSP. On 26 January 2004, the Council adopted Regulation (EC) No 131/2004 giving effect to Common Position 2004/31/CFSP.

On 30 July 2004, the UN Security Council adopted Resolution 1556 (2004) which imposed an arms embargo against Sudan. On 29 March 2005, the UN Security Council adopted Resolution 1591 (2005) imposing financial restrictions on those who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the arms embargo or are responsible for certain offensive military flights in and over the Darfur region.

On 30 May 2005, the Council adopted Common Position 2005/411/CFSP which integrated the measures imposed by Common Position 2004/31/CFSP and the measures to be implemented pursuant to Resolution 1591(2005) into a single legal act.

On 18 July 2005, the Council adopted Regulation (EC) No 1184/2005 giving effect to Common Position 2005/411/CFSP and imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan.

On 18 July 2011, the Council adopted Decision 2011/423/CFSP concerning restrictive measures against Sudan and South Sudan and repealing Common Position 2005/411/CFSP which extended the scope of application of the arms embargo to South Sudan.

The Council is preparing two new CFSP decisions separating the measures concerning Sudan and South Sudan and integrating them into separate legal acts.

Further action by the Union is needed in order to implement these decisions.

Accordingly, Regulation (EC) No 131/2004 and Regulation (EC) No 1184/2005 should be repealed and replaced by this Regulation in so far as it concerns Sudan. Regulation (EC) No 131/2004 should also be replaced by a new Regulation in so far as it concerns South Sudan.

The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission should therefore make a proposal for a Regulation concerning restrictive measures in view of the situation in Sudan and repealing Regulation (EC) No 131/2004 and Regulation (EC) No 1184/2005.