(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

(2)

On 20 May 2021, in its ‘Council Conclusions 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 adhering fully to humanitarian principles and international humanitarian law in the Union’s 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 Resolution 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 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 Resolution 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 Resolution 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 Resolution 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 Resolution 2664 (2022), of organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate, and of organisations and agencies which are certified or recognised by a Member State, or by a specialised agency of a Member State.

(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 support other activities that support basic human needs, the Council considers that a humanitarian exemption to asset freeze measures applicable to, and to the restrictions on making funds and economic resources available to, designated persons, groups and entities, for the benefit of actors referred to in Resolution 2664 (2022), of organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate, and of organisations and agencies which are certified or recognised by a Member State, or by a specialised agency of a Member State, should be included in Common Position 2001/931/CFSP for an initial period of 12 months. In addition, the Council considers that a further derogation mechanism should be introduced for those organisations and actors involved in humanitarian activities that cannot benefit from that humanitarian exemption. Furthermore, the Council also considers that a review clause related to those exceptions should be introduced.

(6)

Common Position 2001/931/CFSP should therefore be amended accordingly,