(1)

On 15 October 2018, the Council adopted Decision (CFSP) 2018/1544 (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 the basis of a review of Decision (CFSP) 2018/1544, and in order to facilitate principled humanitarian action by impartial humanitarian actors, certain organisations and agencies acting as humanitarian partners of the Union should be exempted from the prohibition to make funds or economic resources available to designated persons, entities and bodies, for exclusively humanitarian purposes. In addition, a derogation mechanism should be introduced for those organisations and actors involved in humanitarian activities that cannot benefit from that humanitarian exemption. Furthermore, a review clause related to those exceptions should be introduced.

(4)

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

(5)

Decision (CFSP) 2018/1544 should therefore be amended accordingly,

(1)

in Article 3, the following paragraphs are added:

(2)

in Article 8, the following paragraph is added:

‘The exceptions referred to in Article 3(7), (8) and (9) as regards Article 3(1) and (2) shall be reviewed at regular intervals, and at least every 12 months, or at the urgent request of any Member State, of the High Representative of the Union for Foreign Affairs and Security Policy, or of the Commission, following a fundamental change in circumstances.’.