Council Regulation (EU) 2024/1205 of 22 April 2024 amending Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali

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) 2024/1204 of 22 April 2024 amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali (1),

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

Whereas:

(1) On 5 September 2017, the United Nations Security Council adopted Resolution 2374 (2017), which established a framework for the imposition of a travel ban and an asset freeze against individuals and entities responsible for or complicit in, or having engaged in, directly or indirectly, threatening the peace, security, or stability of Mali.

(2) On 28 September 2017, the Council adopted Regulation (EU) 2017/1770 (2) to give effect to Decision (CFSP) 2017/1775 (3), which concerns restrictive measures in view of the situation in Mali and which transposed into Union law United Nations Security Council Resolution 2374 (2017).

(3) On 13 December 2021, the Council adopted Regulation (EU) 2021/2201 (4) to give effect to Decision (CFSP) 2021/2208 (5), which amended Decision (CFSP) 2017/1775 and established a dedicated framework, allowing for Union autonomous restrictive measures against individuals and entities responsible for threatening the peace, security or stability of Mali, or for obstructing or undermining the successful completion of Mali’s political transition.

(4) On 31 August 2023, the United Nations (UN) sanctions regime expired when the Security Council failed to agree on its extension.

(5) On 4 January 2024, the Council adopted Implementing Decision (CFSP) 2024/215 (6) and Implementing Regulation (EU) 2024/212 (7), which deleted all the entries in Annex I to Decision (CFSP) 2017/1775 and Regulation (EU) 2017/1770 respectively, in view of the termination of the United Nations sanctions regime on Mali.

(6) In this context, Decision (CFSP) 2024/1204 amends Decision (CFSP) 2017/1775 to remove certain provisions relating to UN measures.

(7) Decision (CFSP) 2024/1204 also amends the existing exemption to asset freeze measures for certain humanitarian actors, expanding the scope of the exemption to cover additional actors and replacing the related derogation.

(8) In order to update the contact details of Member States’ competent authorities and the Commission, this Regulation replaces Annex II to Regulation (EU) 2017/1770, which includes the list of contact details of Member States’ competent authorities and the address for notifications to the Commission.

(9) Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of any other relevant information at their disposal in connection with this Regulation.

(10) Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(11) Regulation (EU) 2017/1770 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2017/1770 is amended as follows:

(1) in Article 1, point (h) is deleted;

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

(3) Article 2a is deleted;

(7) Article 3b is deleted;

(14) Article 12 is replaced by the following: ‘Article 12

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

(17) The following Article is inserted: ‘Article 14a Any information provided to or received in accordance with this Regulation shall be used only for the purposes for which it was provided or received.’;

(19) Annex I is deleted;

(20) Annex II is replaced by the Annex to this Regulation.

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 Luxembourg, 22 April 2024.

For the Council The President J. BORRELL FONTELLES

(1) OJ L, 2024/1204, 23.4.2024, ELI: http://data.europa.eu/eli/dec/2024/1204/oj.

(2) Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (OJ L 251, 29.9.2017, p. 1).

(3) Council Decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (OJ L 251, 29.9.2017, p. 23).

(4) Council Regulation (EU) 2021/2201 of 13 December 2021 amending Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali (OJ L 446, 14.12.2021, p. 1).

(5) Council Decision (CFSP) 2021/2208 of 13 December 2021 amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali (OJ L 446, 14.12.2021, p. 44).

(6) Council Implementing Decision (CFSP) 2024/215 of 4 January 2024 implementing Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali (OJ L, 2024/215, 5.1.2024, ELI: http://data.europa.eu/eli/dec/2024/215/oj).

(7) Council Implementing Regulation (EU) 2024/212 of 4 January 2024 implementing Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali (OJ L, 2024/212, 5.1.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/212/oj).