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Summaries of EU Legislation

EU restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad

SUMMARY OF:

Decision (CFSP) 2024/385 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad

Regulation (EU) 2024/386 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad

WHAT IS THE AIM OF THE DECISION AND REGULATION?

  • Decision (CFSP) 2024/385 and Regulation (EU) 2024/386 promote the European Union’s (EU) common foreign and security policy (CFSP) objectives by providing the legal basis for EU sanctions in view of the recent attacks against Israel and the need to fight against violent actions that threaten peace and international security. They also aim at preventing such violent actions by Hamas and the Palestinian Islamic Jihad (PIJ) in the future.
  • The decision and the regulation are part of the EU’s CFSP toolbox. They are based on:
    • Article 21(2) of the Treaty on European Union, which sets out the principles for EU external action (see summary);
    • Article 29 of the Treaty on the European Union and Article 215 of the Treaty on the Functioning of the European Union – the general framework for EU sanctions (see summary).
  • They complement the restrictive measures previously adopted against Hamas and the PIJ under Common Position 2001/931/CFSP (the EU terrorist list).

KEY POINTS

Persons and entities subject to sanctions

The decision and regulation target those persons and entities, along with their associates, who provide assistance to Hamas, the PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof. This includes:

  • financial or material support;
  • participating in the planning, preparation or enabling of violent actions;
  • supplying, selling or transferring arms and related material;
  • financing or supporting actions that undermine or threaten the stability or security of Israel;
  • involvement in serious violations of international humanitarian law or human rights law;
  • inciting or publicly provoking acts of serious violence.

Restrictive measures

These persons and entities are subject to:

  • the freezing of funds and economic resources, including a ban on providing funds to such persons and entities;
  • a refusal of entry into EU territory.

The persons subject to these measures are listed in the annexes to the regulation and decision. The Council of the European Union decides on changes to that list.

Exemptions

The decision and regulation both allow exemptions from these measures, which include:

  • following United Nations Security Council Resolution 2664 (2022), Council Regulation (EU) 2023/331 and Council Decision (CFSP) 2023/338, a legal exemption from the sanctions in the form of asset freezes for humanitarian assistance and other activities that support basic human needs, applicable to certain people or entities;
  • the release of certain frozen assets for other legitimate purposes such as:
    • to satisfy basic needs, including payment for food, rent, medicines, taxes and public utilities,
    • to pay for reasonable professional fees,
    • to pay fees for holding the frozen funds.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

They have applied since . The decision is valid until .

BACKGROUND

For further information, see:

MAIN DOCUMENTS

Council Decision (CFSP) 2024/385 of establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad (OJ L, 2024/385, ).

Successive amendments to Council Decision (CFSP) 2024/385 have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) 2024/386 of establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad (OJ L, 2024/386, ).

See consolidated version.

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