Council Regulation (EU) 2023/1569 of 28 July 2023 amending Regulation (EU) 2022/2309 concerning restrictive measures in view of the situation in Haiti

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2023/1574 of 28 July 2023 amending Decision (CFSP) 2022/2319 concerning restrictive measures in view of the situation in Haiti (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1) On 25 November 2022, the Council adopted Regulation (EU) 2022/2309 (2), which concerns restrictive measures in view of the situation in Haiti.

(2) Regulation (EU) 2022/2309 gives effect to Council Decision (CFSP) 2022/2319 (3) and provides for the freezing of funds and economic resources of certain persons designated by the United Nations Security Council or by the relevant United Nations sanctions committee for engaging in or supporting gang violence, criminal activities or human rights abuses, or otherwise taking action that undermines the peace, stability and security of Haiti and the region.

(3) Decision (CFSP) 2023/1574 establishes complementary criteria on the basis of which the Union can autonomously apply travel restrictions, asset freezes and prohibitions to make resources available to natural or legal persons, entities or bodies (‘complementary measures’).

(4) Decision (CFSP) 2023/1574 further establishes that the humanitarian exemption from the asset-freeze measures pursuant to UNSC Resolution 2664 (2022) is also to apply to complementary measures.

(5) Regulatory action at the Union level is therefore necessary to give effect to Decision (CFSP) 2023/1574, in particular with a view to ensuring uniform application by economic operators in all Member States.

(6) The power to establish and amend the lists set out in Annexes I and Ia to Regulation (EU) 2022/2309 should be exercised by the Council in order to ensure consistency with the process for establishing, amending and reviewing Annex II to Decision (CFSP) 2022/2319.

(7) Regulation (EU) 2022/2309 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2022/2309 is amended as follows:

(2) Article 3 is replaced by the following: ‘Article 3

(6) the following Articles are inserted: ‘Article 6a

Article 6b

(13) Article 16 is replaced by the following: ‘Article 16

(15) the text set out in the Annex to this Regulation is inserted as Annex Ia.

Article 2

This Regulation shall enter into force on the day following that 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.

Done at Brussels, 28 July 2023.

For the Council The President P. NAVARRO RÍOS

(1) See page 21 of this Official Journal.

(2) Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (OJ L 307, 28.11.2022, p. 17).

(3) Council Decision (CFSP) 2022/2319 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (OJ L 307, 28.11.2022, p. 135).