Considerations on JOIN(2013)17 - Amendment of Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Congo

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table>(1)Council Regulation (EC) No 1183/2005 of 18 July 2005 (2) implements themeasures provided for in Decision 2010/788/CFSP. Annex I to Regulation (EC) No 1183/2005 lists the natural and legal persons, entities and bodies covered by the freezing of funds and economic resources under that Regulation.
(2)United Nations Security Council Resolution (UNSCR) 2078 (2012) of 28 November 2012 amended the criteria for the designation of persons and entities to be subject to the restrictive measures set out in paragraphs 9 and 11 of UNSCR 1807 (2008).

(3)On 20 December 2012, the Council adopted Decision 2012/811/CFSP (3) amending Decision 2010/788/CFSP in accordance with UNSCR 2078 (2012).

(4)Regulation (EC) No 1183/2005 should also be amended in order to lay down the procedure for amending the list in Annex I to that Regulation. That procedure should include providing designated natural and legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations. Where observations are submitted, or substantial new evidence is presented, the Council should review its decision in light of those observations and inform the person, entity or body concerned accordingly.

(5)The power to amend the list in Annex I to Regulation (EC) No 1183/2005 should be exercised by the Council, in view of the specific threat to international peace and security in the region posed by the situation in the Democratic Republic of the Congo and in order to ensure consistency with the process for amending the Annex to Decision 2010/788/CFSP.

(6)These measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to give effect to them, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(7)Regulation (EC) No 1183/2005 should therefore be amended accordingly,