THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(2) thereof,
Having regard to Council Common Position 2002/402/CFSP of 27 May 2002 concerning restrictive measures against members of the Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them,
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1)
Common Position 2002/402/CFSP provides for certain restrictive measures in accordance with United Nations Security Council Resolutions (‘UNSCR’) 1267 (1999) and 1333 (2000), as updated regularly by the Sanctions Committee established by UNSCR 1267 (1999) and 1989 (2011). Decision 2011/487/CFSP, adopted in accordance with Chapter 2 of Title V of the Treaty on European Union, amended Common Position 2002/402/CFSP as regards its scope. The Union implementing measures are set out in Regulation (EC) No 881/2002 which provides for the freezing of funds and economic resources of certain persons, entities, bodies or groups associated with the Al-Qaida network.
(2)
On 21 February 2013 the Sanctions Committee of the United Nations Security Council (‘Sanctions Committee ’) decided, in line with paragraph 32 of UNSCR 2083 (2012), to remove one natural person from the list of persons, entities, bodies or groups to whom the freezing of funds and economic resources applies. However, the Sanctions Committee decided that prior to the unfreezing of assets that have been frozen as a result of the listing of that person, Member States are to submit to the Sanctions Committee a request to unfreeze such funds or economic resources and provide assurances that the funds or economic resources will not be transferred, directly or indirectly, to a listed natural or legal person, entity, body or group or otherwise used for terrorist purposes, in line with UNSCR 1373 (2001).
(3)
In order to ensure effective implementation of the decision of the Sanctions Committee, it is necessary to maintain certain restrictions on the funds and economic resources of that person and provide for additional exemption from the freezing measures in accordance with paragraph 32 of UNSCR 2083 (2012).
(4)
This measure falls 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 implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.
(5)
Regulation (EC) No 881/2002 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION: