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Document 02009R1284-20231129
Council Regulation (EU) No 1284/2009 of 22 December 2009 concerning restrictive measures in view of the situation in Guinea
Consolidated text: Council Regulation (EU) No 1284/2009 of 22 December 2009 concerning restrictive measures in view of the situation in Guinea
Council Regulation (EU) No 1284/2009 of 22 December 2009 concerning restrictive measures in view of the situation in Guinea
02009R1284 — EN — 29.11.2023 — 013.001
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COUNCIL REGULATION (EU) No 1284/2009 of 22 December 2009 concerning restrictive measures in view of the situation in Guinea (OJ L 346 23.12.2009, p. 26) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 86 |
20 |
1.4.2010 |
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L 76 |
1 |
22.3.2011 |
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L 330 |
1 |
14.12.2011 |
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L 20 |
25 |
23.1.2013 |
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L 158 |
1 |
10.6.2013 |
||
L 111 |
29 |
15.4.2014 |
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COUNCIL IMPLEMENTING REGULATION (EU) 2018/1604 of 25 October 2018 |
L 268 |
16 |
26.10.2018 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2019/1163 of 5 July 2019 |
L 182 |
33 |
8.7.2019 |
|
L 272 |
3 |
25.10.2019 |
||
COUNCIL IMPLEMENTING REGULATION (EU) 2021/1301 of 5 August 2021 |
L 283 |
7 |
6.8.2021 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2022/595 of 11 April 2022 |
L 114 |
60 |
12.4.2022 |
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L 275 |
48 |
25.10.2022 |
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L |
1 |
28.11.2023 |
COUNCIL REGULATION (EU) No 1284/2009
of 22 December 2009
concerning restrictive measures in view of the situation in Guinea
Article 1
For the purposes of this Regulation, the following definitions shall apply:
▼M6 —————
‘funds’ means financial assets and benefits of every kind, including but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents evidencing an interest in funds or financial resources;
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘territory of the Union’ means the territories to which the Treaty is applicable, under the conditions laid down in the Treaty.
▼M6 —————
Article 6
Article 7
The prohibition set out in Article 6(2) shall not give rise to any liability of any kind on the part of the natural and legal persons, entities or bodies who made funds or economic resources available if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibition in question.
Article 8
By way of derogation from Article 6, the competent authorities of the Member States as indicated in the websites listed in Annex III may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:
necessary to satisfy the basic needs of persons listed in Annex II, and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or
necessary for extraordinary expenses, provided that the Member State has notified the grounds on which it considers that a specific authorisation should be granted to all other Member States and to the Commission at least two weeks prior to authorisation.
Article 8a
Article 6(1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:
the United Nations (UN), including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;
international organisations;
humanitarian organisations having observer status with the UN General Assembly and members of those humanitarian organisations;
bilaterally or multilaterally funded non-governmental organisations participating in the UN Humanitarian Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN Office for the Coordination of Humanitarian Affairs;
organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;
Member States’ specialised agencies; or
the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.
Article 9
By way of derogation from Article 6, the competent authorities of the Member States as indicated in the websites listed in Annex III may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established prior to the date on which the person, entity or body referred to in Article 6 was included in Annex II, or of a judicial, administrative or arbitral judgment rendered prior to that date;
the funds or economic resources in question will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the lien or judgment is not for the benefit of a person, entity or body listed in Annex II; and
recognising the lien or judgment is not contrary to public policy in the Member State concerned.
Article 10
Article 6(2) shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts; or
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 3 has been included in Annex II,
provided that any such interest, other earnings, payments or financial instruments are frozen in accordance with Article 6(1).
Article 11
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.
Article 12
Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities or bodies shall:
supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 6, to the competent authorities of Member States as indicated in the websites listed in Annex III for the country where they are resident or located and shall transmit such information, directly or through the competent authority as indicated in the websites listed in Annex III, to the Commission; and
cooperate with that competent authority in any verification of this information.
Article 13
The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 14
Annex II shall include, where available, information on listed natural persons for the purpose of identifying sufficiently the persons concerned.
Such information may include:
surname and given names, including alias names and titles, if any;
date and place of birth;
nationality;
passport and identity card numbers;
fiscal and social security numbers;
gender;
address or other information on whereabouts;
function or profession;
date of designation.
Annex II may also include information for identification purposes as set out above for family members of the persons listed, provided that this information is necessary in a specific case for the sole purpose of verifying the identity of the listed natural person in question.
Annex II shall also include the grounds for listing, such as occupation.
Article 15
The Commission shall be empowered to amend Annex III on the basis of information supplied by Member States.
Article 15a
Article 16
Article 16a
The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) may process personal data in order to carry out their tasks under this Regulation. These tasks include:
as regards the Council, preparing and making amendments to Annex I;
as regards the High Representative, preparing amendments to Annex I;
as regards the Commission:
adding the contents of Annex I to the electronic consolidated list of persons, groups and entities subject to Union financial restrictive measures and in the interactive sanctions map, both publicly available;
processing information on the impact of measures taken under this Regulation, such as the value of frozen funds and information on authorisations granted by the competent authorities.
Article 17
Article 18
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board any aircraft or any vessel under the jurisdiction of a Member State;
to any person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, entity or body which is incorporated or constituted under the law of a Member State;
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 19
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
▼M6 —————
ANNEX II
LIST OF NATURAL AND LEGAL PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 6(3)
|
Name (and possible aliases) |
Identifying information |
Reasons |
1. |
Captain Moussa Dadis CAMARA |
DOB: 1.1.1964 or 29.12.1968 Passport number: R0001318 Gender: male Address: Ouagadougou (Burkina Faso) Function or profession: Former military and head of the military junta of the CNDD (Conseil National pour la Democratie et le Developpement) |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
2. |
Colonel Moussa Tiégboro CAMARA Alias: Moussa Thiegboro CAMARA |
DOB.: 1.1.1968 Passport number: 7190 Gender: male Function or profession: Secretary-General, Presidency of the Republic of Guinea |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
3. |
Colonel Dr Abdoulaye Chérif DIABY |
DOB: 26.02.1957 Passport number: 13683 Gender: male Function or profession: military doctor |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
4. |
Captain Aboubacar Chérif (alias Toumba) DIAKITÉ |
Gender: male Address: Conakry (Republic of Guinea) Function or profession: former military. Other information: in detention |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
5. |
Colonel Jean-Claude PIVI (alias Coplan) |
DOB: 01.01.1960 Gender: male Function or profession: Minister in charge of Presidential Security |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
ANNEX III
Websites for information on the competent authorities and address for notification to the European Commission
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/et/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/
CYPRUS
https://mfa.gov.cy/themes/
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://www.portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
https://um.fi/pakotteet
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu
( 1 ) OJ L 280, 26.10.2010, p. 10.