Explanatory Memorandum to JOIN(2018)22 - Amendment of Council Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan

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1. Council Regulation (EU) 2015/735 gives effect to measures provided for in Council Decision (CFSP) 2015/740 1 .

2. On 13 July 2018, the United Nations Security Council (UNSC) adopted Resolution 2428 (2018), in which it expressed deep concern at the failures of South Sudan’s leaders to bring an end to the country’s hostilities, condemned the continued and flagrant violations of the 17 August 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan, the 21 December 2017 Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access, and the 27 June 2018 Khartoum Declaration, and reinforced the restrictive measures towards South Sudan measures imposed by UNSC Resolution 2206 (2015).

3. Amongst others, the UNSC amends the exemptions to the arms embargo and related technical and financial assistance and amends the designation criteria for the persons and entities subject to the asset freeze.

4. Council Decision (CFSP) 2018/XXX amended Council Decision (CFSP) 2015/740 in order to give effect to the measures imposed by UNSC Resolution 2428 (2018).

5. These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary.

6. The High Representative for Foreign Affairs and Security Policy and the Commission should therefore propose to amend Regulation (EU) 2015/735 accordingly.