(1)

On 7 December 2020, the Council adopted Decision (CFSP) 2020/1999 (1).

(2)

In its conclusions of 20 May 2021 on the communication from the Commission to the European Parliament and the Council ‘on the EU’s humanitarian action: new challenges, same principles’, the Council reaffirmed its commitment to avoid and, where unavoidable, mitigate to the maximum extent any potential unintended negative impacts of Union restrictive measures on principled humanitarian action. The Council reiterated that Union restrictive measures comply with all obligations under international law, in particular international human rights law, international humanitarian law and international refugee law. It underlined the importance of fully adhering to humanitarian principles and international humanitarian law in Union sanctions policy, including through the consistent inclusion of humanitarian exceptions in Union restrictive measures regimes where relevant, and by ensuring that an effective framework is in place for the use of such exceptions by humanitarian organisations.

(3)

On 9 December 2022, the United Nations Security Council (UNSC) adopted United Nations Security Council Resolution (UNSCR) 2664 (2022), recalling its previous resolutions imposing sanctions measures in response to threats to international peace and security, and emphasising that measures taken by United Nations Member States to implement sanctions need to comply with their obligations under international law and are not intended to have adverse humanitarian consequences for civilian populations or adverse consequences for humanitarian activities or those carrying them out. The UNSC decided in paragraph 1 of UNSCR 2664 (2022) that the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs by certain actors are permitted and are not a violation of the asset freezes imposed by the UNSC or its Sanctions Committees.

(4)

On 14 February 2023, the Council adopted Decision (CFSP) 2023/338 (2), which introduced the humanitarian exemption pursuant to UNSCR 2664 (2022) into the Union restrictive measures regimes that give effect to measures decided upon by the UNSC or its Sanctions Committees. On 31 March 2023, the Council adopted Decision (CFSP) 2023/726 (3), which introduced the humanitarian exemption pursuant to UNSCR 2664 (2022) into the Union restrictive measures regimes that give effect to measures decided upon by the UNSC or its Sanctions Committees and into the complementary measures decided upon by the Council. On 27 November 2023, the Council adopted Decision (CFSP) 2023/2686 (4), which introduced into certain Union restrictive measures regimes the humanitarian exemption for the benefit of actors referred to in UNSCR 2664 (2022), organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate, organisations and agencies which are certified or recognised by a Member State, and Member States’ specialised agencies.

(5)

In order to increase consistency across Union restrictive measures regimes and with those adopted by the UNSC or its Sanctions Committees, and to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs, it is appropriate to introduce an exemption from asset-freeze measures applicable to, and from the restrictions on making funds and economic resources available to, natural or legal persons, entities or bodies designated under Decision (CFSP) 2020/1999, for the benefit of actors referred to in UNSCR 2664 (2022), organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate, organisations and agencies which are certified or recognised by a Member State, and Member States’ specialised agencies. Furthermore, the Council considers that the existing derogation mechanism for those organisations and actors involved in humanitarian activities that cannot benefit from that exemption should be amended. The Council also considers that a derogation mechanism should apply instead of the exemption in cases where the Council has determined that scrutiny by national competent authorities is required due to a higher risk that funds or economic resources provided would be misused for purposes other than humanitarian assistance.

(6)

Further action by the Union is needed in order to implement certain measures.

(7)

Decision (CFSP) 2020/1999 should therefore be amended accordingly,

(1)

Article 4 is amended as follows:

(2)

in Article 10, paragraph 2 is replaced by the following:

(3)

the Annex is amended in accordance with the Annex to this Decision.