(1)

On 31 May 2013, the Council adopted Decision 2013/255/CFSP (1).

(2)

The Council remains deeply concerned about the situation in Syria. After more than 13 years, the conflict in Syria is far from over and remains a source of suffering and instability. The tragic earthquake of 6 February 2023 exacerbated the already dire humanitarian situation in the country and increased the needs of the Syrian population.

(3)

The Council recalls that the Union restrictive measures, including those adopted in view of the situation in Syria, are not meant to stand in the way of, or impede the supply of, humanitarian aid, including medical assistance. The trade in the majority of sectors between the Union and Syria, including in food and medicines, is not restricted by the restrictive measures adopted in view of the situation in Syria. Moreover, as regards individual measures, exceptions are in place to allow for funds and economic resources to be made available to designated persons and entities, where such funds or economic resources are necessary solely for the purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria. In certain cases, prior authorisation from the relevant national competent authority is necessary.

(4)

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 the 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 the Union sanctions policy, including through the consistent inclusion of humanitarian exceptions in restrictive measures regimes where relevant, and by ensuring that an effective framework is in place for the use of such exceptions by humanitarian organisations.

(5)

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 needed to comply with their obligations under international law are not intended to have adverse humanitarian consequences for civilian populations or adverse consequences for humanitarian activities or for 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.

(6)

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), of organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate, of organisations and agencies which are certified or recognised by a Member State, and Member States’ specialised agencies.

(7)

On 23 February 2023, the Council adopted Decision (CFSP) 2023/408 (5), which introduced an exemption to the freezing of the assets of, and to the restrictions on making funds and economic resources available to, designated natural or legal persons and entities, to the benefit of international organisations and certain defined categories of actors involved in humanitarian activities for an initial period of six months until 24 August 2023. On 14 July 2023, the Council adopted Decision (CFSP) 2023/1467 (6), which prolonged this exemption until 24 February 2024. On 18 December 2023, the Council adopted Decision (CFSP) 2023/2876 (7), which further prolonged the exemption until 1 June 2024 with a view to facilitating the rapid delivery of aid and providing predictability and legal certainty for the actors benefiting from that exemption.

(8)

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 continued timely delivery of humanitarian assistance or to support other activities that support basic human needs, the Council considers that the exemption introduced by Decision (CFSP) 2023/408 should be replaced by 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 2013/255/CFSP, 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. That exemption should apply until 1 June 2025 in line with the end date of the application of Decision 2013/255/CFSP, bearing in mind that, without prejudice to the review of Decision 2013/255/CFSP, the Council envisages further extending that exemption after 1 June 2025. In addition, 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. Furthermore, the Council also considers that a review clause related to those exceptions should be introduced.

(9)

Further action by the Union is necessary to implement certain measures in this Decision.

(10)

Decision 2013/255/CFSP should therefore be amended accordingly,

(1)

Article 28a is replaced by the following:

(2)

In Article 34, the following paragraph is added:

‘The exceptions referred to in Article 28a(1) to (4) as regards Article 28(1), (2) and (5) shall be reviewed at regular intervals, and at least every 12 months, or at the urgent request of any Member State, the High Representative or the Commission following a fundamental change in circumstances.’.