11.7.2014 EN Official Journal of the European Union L 203/1 COUNCIL REGULATION (EU) No 747/2014 of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005 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 2014/450/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Decision 2011/423/CFSP (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 10 January 2004, the Council adopted Common Position 2004/31/CFSP (2) maintaining the arms embargo on Sudan imposed by Council Decision 94/165/CFSP (3). On 26 January 2004, the Council adopted Regulation (EC) No 131/2004 (4) giving effect to Common Position 2004/31/CFSP. (2) On 30 July 2004, the UN Security Council adopted UN Security Council Resolution (UNSCR) 1556 (2004) imposing an arms embargo on Sudan. On 29 March 2005, the UN Security Council adopted UNSCR 1591 (2005) imposing certain restrictions on those who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the arms embargo or are responsible for certain offensive military flights in and over the Darfur region. (3) On 30 May 2005, the Council adopted Common Position 2005/411/CFSP (5) which integrated the measures imposed by Common Position 2004/31/CFSP and the measures to be implemented pursuant to UNSCR 1591(2005) into a single legal act. (4) On 18 July 2005, the Council adopted Regulation (EC) No 1184/2005 (6) giving effect to Common Position 2005/411/CFSP and imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan. (5) On 18 July 2011, the Council adopted Decision 2011/423/CFSP (7) which extended the scope of application of the arms embargo to South Sudan. (6) On 10 July 2014, the Council adopted Decision 2014/450/CFSP separating the measures concerning Sudan and integrating them into a single legal act. (7) For the sake of clarity, measures concerning Sudan should be separated from measures concerning South Sudan. Regulation (EC) No 131/2004 and Regulation (EC) No 1184/2005 should therefore be repealed and replaced by this Regulation in so far as they concern Sudan. Regulation (EC) No 131/2004 should also be replaced by Council Regulation (EU) No 748/2014 (8) in so far as it concerns South Sudan. (8) The power to amend the list in Annex I to this Regulation should be exercised by the Council, in view of the specific threat to international peace and security in the region posed by the situation in Sudan and in order to ensure consistency with the process for amending and reviewing the Annex to Decision 2014/450/CFSP. (9) For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources should be frozen in accordance with this Regulation, should be made public. Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council (9) and Directive 95/46/EC of the European Parliament and of the Council (10). (10) In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, HAS ADOPTED THIS REGULATION: Article 1 For the purposes of this Regulation, the following definitions shall apply: (a) ‘brokering services’ means: (i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology, or of financial and technical services, from a third country to any other third country; or (ii) the selling or buying of goods and technology or of financial and technical services, that are located in third countries for their transfer to another third country; (b) ‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and includes in particular: (i) a claim for performance of any obligation arising under or in connection with a contract or transaction; (ii) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; (iii) a claim for compensation in respect of a contract or transaction; (iv) a counterclaim; (v) a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given; (c) ‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for that purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction; (d) ‘competent authorities’ refers to the competent authorities of the Member States as identified on the websites listed in Annex II; (e) ‘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; (f) ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them; (g) ‘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; (h) ‘funds’ means financial assets and benefits of every kind, including, but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; and (vii) documents showing evidence of an interest in funds or financial resources; (i) ‘Sanctions Committee’ means the UN Security Council Committee established pursuant to paragraph 3 of UNSCR 1591 (2005); (j) ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance; (k) ‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace. Article 2 It shall be prohibited to: (a) provide technical assistance or brokering services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan; (b) provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan. Article 3 By way of derogation from Article 2, the competent authorities of Member States may authorise the provision of financing and financial assistance, technical assistance and brokering services related to: (a) non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution-building programmes of the UN, the African Union (AU), the European Union; (b) materiel intended for European Union, UN and AU crisis management operations; (c) de-mining equipment and materiel for use in de-mining operations. Article 4 Article 2 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Sudan by UN personnel, personnel of the European Union or its Member States, representatives of the media, humanitarian and development workers and associated personnel for their personal use only. Article 5 1. All funds and economic resources belonging to, owned or controlled, directly or indirectly, by the natural or legal persons, entities or bodies listed in Annex I shall be frozen. 2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I. 3. Annex I shall include natural or legal persons, entities or bodies who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the arms embargo and/or are responsible for offensive military overflights in and over the Darfur region, as designated by the Sanctions Committee. Article 6 1. By way of derogation from Article 5, the competent authorities of the Member States 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, provided that the following conditions are met: (a) the competent authority concerned has determined that the funds or economic resources are: (i) necessary for the basic needs of natural or legal persons, entities or bodies listed in Annex I, and dependant family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; (ii) intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services; or (iii) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; and (b) the Member State concerned has notified the Sanctions Committee of the determination referred to in point (a) and its intention to grant an authorisation, and the Sanctions Committee has not objected to that course of action within two working days of such notification. 2. By way of derogation from Article 5, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses, provided that the Member State concerned has notified the Sanctions Committee of that determination and the Sanctions Committee has approved that determination. Article 7 By way of derogation from Article 5, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, if the following conditions are met: (a) the funds or economic resources 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 5 was included in Annex I, or of a judicial, administrative or arbitral judgment rendered prior to that date; (b) the funds or economic resources 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; (c) the lien or judgment is not for the benefit of a person, entity or body listed in Annex I; (d) recognising the lien or judgment is not contrary to public policy in the Member State concerned; and (e) the Sanctions Committee has been notified by the Member State of the lien or judgment. Article 8 1. Article 5(2) shall not prevent the crediting of the frozen accounts by financial or credit institutions that receive funds transferred by third parties to the account of the person, entity or body listed in Annex I, provided that any such additions to such accounts will also be frozen. The financial or credit institutions shall inform the relevant competent authority about any such transactions without delay. 2. Article 5(2) shall not apply to the addition to frozen accounts of: (a) interest or other earnings on those accounts; (b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which the natural or legal person, entity or body referred to in Article 5 has been included in Annex I; or (c) payments due under a judicial, administrative or arbitral lien or judgment, as referred to in Article 7; provided that any such interest, other earnings and payments are frozen in accordance with Article 5(1). Article 9 1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall: (a) supply immediately any such information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 5, to the competent authority of the Member States where they are resident or located, and transmit any such information, directly or through these competent authorities, to the Commission; and (b) cooperate with the competent authorities listed in Annex II in any verification of this information. 2. Any additional information received directly by the Commission shall be made available to the Member States. 3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received. Article 10 It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Articles 2 and 5. Article 11 1. The freezing of funds and economic resources, or the refusal to make funds or economic resources available, carried out in good faith and 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, 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. 2. Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation. Article 12 1. No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, particularly a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by: (a) designated natural or legal persons, entities or bodies listed in Annex I; (b) any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a). 2. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim. 3. This Article is without prejudice to the right of the natural or legal persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation. Article 13 1. The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular, information in respect of: (a) funds frozen under Article 5 and authorisations granted under Articles 6, 7 and 8; (b) violation and enforcement problems and judgments handed down by national courts. 2. The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation. Article 14 The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States. Article 15 1. Where the UN Security Council or the Sanctions Committee lists a natural or legal person, entity or body and has provided a statement of reasons for the designation, the Council shall include that natural or legal person, entity or body in Annex I. The Council shall communicate its decision and the statement of reasons to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing that natural or legal person, entity or body with an opportunity to present observations. 2. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly. 3. Where the United Nations decides to de-list a person, entity or body, or to amend the identifying data of a listed natural or legal person, entity or body, the Council shall amend Annex I accordingly. Article 16 Annex I shall include, where available, information provided by the UN Security Council or by the Sanctions Committee necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee. Article 17 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. 2. Member States shall notify those rules to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment. Article 18 1. Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex II. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex II. 2. Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment. 3. Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II. Article 19 This Regulation shall apply: (a) within the territory of the Union, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Union who is a national of a Member State; (d) to any legal person, entity or body, inside or outside the territory of the Union which is incorporated or constituted under the law of a Member State; (e) to any legal person, entity or body in respect of any business done in whole or in part within the Union. Article 20 Regulations (EC) No 131/2004 and (EC) No 1184/2005 are hereby repealed. References to the repealed Regulations shall be construed as references to this Regulation and Regulation (EU) No 748/2014. Article 21 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. Done at Brussels, 10 July 2014. For the Council The President S. GOZI (1) See page 106 of this Official Journal. (2) Council Common Position 2004/31/CFSP of 9 January 2004 concerning the imposition of an embargo on arms, munitions and military equipment on Sudan (OJ L 6, 10.1.2004, p. 55). (3) Council Decision 94/165/CFSP of 15 March 1994 on the Common Position defined on the basis of Article J.2 of the Treaty on European Union concerning the imposition of an embargo on arms, munitions and military equipment on Sudan (OJ L 75, 17.3.1994, p. 1). (4) Council Regulation (EC) No 131/2004 of 26 January 2004 imposing certain restrictive measures in respect of Sudan and South Sudan (OJ L 21, 28.1.2004, p. 1). (5) Council Common Position 2005/411/CFSP of 30 May 2005 concerning restrictive measures against Sudan and repealing Common Position 2004/31/CFSP (OJ L 139, 2.6.2005, p. 25). (6) Council Regulation (EC) No 1184/2005 of 18 July 2005 imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan (OJ L 193, 23.7.2005, p. 9). (7) Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against Sudan and South Sudan and repealing Common Position 2005/411/CFSP (OJ L 188, 19.7.2011, p. 20). (8) Council Regulation (EU) No 748/2014 of 10 July 2014 concerning restrictive measures in respect of the situation in South Sudan (see page 13 of this Official Journal). (9) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). (10) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31). ANNEX I LIST OF NATURAL AND LEGAL PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 5 A. Natural persons 1. Last name : ELHASSAN First name(s) : Gaffar Mohammed Alias : Gaffar Mohmed Elhassan Date of birth/Place of birth/nationality/residence : Date of birth: 24 June 1952; Resides in: El Waha, Omdurman, Sudan. Passport/identifying information/status : Retired from the Sudanese Army. Ex-serviceman's identification card no: 4302. Designation/justification : Major-General and Commander of the Western Military Region for the Sudanese Armed Forces (SAF). The Panel of Experts reports that Major-General Gaffar Mohammed Elhassan stated to them that he had direct operational command (primarily tactical command) of all elements of the SAF in Darfur while he was in command of the Western Military Region. Elhassan held this position as Western Military Area Commander from November 2004 (approximately) until early 2006. The Panel's information is that Elhassan was responsible for violations of paragraph 7 of UNSCR 1591 (2005) as by virtue of this position he requested (from Khartoum), and authorized as from 29 March 2005, the transfer of military equipment into Darfur without the prior approval of the 1591 Committee. Elhassan himself admitted to the Panel of Experts that aircraft, aircraft engines and other military equipment had been brought into Darfur from other parts of Sudan between 29 March 2005 and December 2005. For example, he informed the Panel that 2 Mi-24 attack helicopters were brought unauthorized into Darfur between 18 and 21 September 2005. There are also reasonable grounds to believe that Elhassan was directly responsible, as Western Military Area Commander, for authorizing offensive military flights in the area around Abu Hamra, 23-24 July 2005 and in the Jebel Moon area of Western Darfur, on 19 November 2005. Mi-24 attack helicopters were involved in both operations and reportedly opened fire on both occasions. The Panel of Experts report that Elhassan indicated to the Panel that he himself approved requests for air support and other air operations in his capacity as Western Military Area Commander. (See Panel of Experts report, S/2006/65, paragraphs 266-269.) Through such actions Major-General Gaffar Mohammed Elhassan has breached relevant provisions of UNSCR 1591 (2005) and therefore meets the criteria to be designated by the Committee to be subjected to sanctions. Date of UN designation : 25 April 2006. 2. Last name : ALNSIEM First name(s) : Musa Hilal Abdalla Alias : Sheikh Musa Hilal; Abd Allah; Abdallah; AlNasim; Al Nasim; AlNaseem; Al Naseem; AlNasseem; Al Nasseem Date of birth/Place of birth/nationality/residence : Date of Birth: 01/01/1964 or 1959; Place of birth: Kutum; Resides in: Kabkabiya and the city of Kutum, Northern Darfur and has resided in Khartoum. Passport/identifying information/status : Diplomatic Passport No: D014433, Issued on 21 February 2013; Expires 21 February 2015. Certificate of Nationality No: A0680623. Member of the National Assembly of Sudan. In 2008, appointed by the President of Sudan as special adviser to the Ministry of Federal Affairs. Designation/justification : Paramount Chief of the Jalul Tribe in North Darfur. Report from Human Rights Watch states they have a memo dated 13 February 2004 from a local government office in North Darfur ordering ‘security units in the locality’ to ‘allow the activities of the mujahideen and the volunteers under the command of the Sheikh Musa Hilal to proceed in the areas of [North Darfur] and to secure their vital needs’. On 28 September 2005, 400 Arab militia attacked the villages of Aro Sharrow (including its IDP camp), Acho, and Gozmena in West Darfur. We also believe that Musa Hilal was present during the attack on Aro Sharrow IDP camp: his son had been killed during the SLA attack on Shareia, so he was now involved in a personal blood feud. There are reasonable grounds to believe that as the Paramount Chief he had direct responsibility for these actions and is responsible for violations of international humanitarian and human rights law and other atrocities. Date of UN designation : 25 April 2006 3. Last name : SHARIF First name(s) : Adam Yacub Alias : Adam Yacub Shant; Adam Yacoub Date of birth/Place of birth/nationality/residence : Date of birth: Circa 1976. Passport/identifying information/status : Reportedly deceased on 7 June 2012. Designation/justification : Sudanese Liberation Army (SLA) Commander. SLA soldiers under the command of Adam Yacub Shant violated the ceasefire agreement by attacking a Government of Sudan military contingent that was escorting a convoy of trucks near Abu Hamra, Northern Darfur on July 23, 2005 killing three soldiers. After the attack, Government military weapons and ammunition were looted. The Panel of Experts has information establishing that the attack by SLA soldiers took place and was clearly organized; consequently it was well planned. It is therefore reasonable to assume, as the Panel concluded, that Shant, as the confirmed SLA Commander in the area, must have had knowledge of and approved or ordered the attack. He therefore bears direct responsibility for the attack and meets the criteria for being listed. Date of UN designation : 25 April 2006. 4. Last name : MAYU First name(s) : Jibril Abdulkarim Ibrahim Alias : General Gibril Abdul Kareem Barey; ‘Tek’; Gabril Abdul Kareem Badri Date of birth/Place of birth/nationality/residence : Date of birth: 1 January 1967; Place of Birth: Nile District, El-Fasher, El-Fasher, North Darfur; Nationality: Sudanese by birth; Resides in: Tine, on the Sudanese side of the border with Chad. Passport/identifying information/status : National Identification Number: 192-3238459-9 Certificate of nationality acquired through birth: No 302581 Designation/justification : National Movement for Reform and Development (NMRD) Field Commander. Mayu is responsible for the kidnapping of African Union Mission in Sudan (AMIS) personnel in Darfur during October 2005. Mayu openly attempts to thwart the AMIS mission through intimidation; for example he threatened to shoot down African Union (AU) helicopters in the Jebel Moon area in November 2005. Through such actions Mayu has clearly violated UNSCR 1591 (2005) in constituting a threat to stability in Darfur and meets the criteria to be designated by the Committee to be subjected to sanctions. Date of UN designation : 25 April 2006. B. Legal persons, entities and bodies ANNEX II WEBSITES FOR INFORMATION ON THE COMPETENT AUTHORITIES AND ADDRESS FOR NOTIFICATION TO THE EUROPEAN COMMISSION BELGIUM http://www.diplomatie.be/eusanctions BULGARIA http://www.mfa.bg/en/pages/135/index.html CZECH REPUBLIC http://www.mfcr.cz/mezinarodnisankce DENMARK http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/ GERMANY http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html ESTONIA http://www.vm.ee/est/kat_622/ IRELAND http://www.dfa.ie/home/index.aspx?id=28519 GREECE http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html SPAIN http://www.exteriores.gob.es/Portal/es/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Documents/ORGANISMOS%20COMPETENTES%20SANCIONES%20INTERNACIONALES.pdf FRANCE http://www.diplomatie.gouv.fr/autorites-sanctions/ CROATIA http://www.mvep.hr/sankcije ITALY http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm CYPRUS http://www.mfa.gov.cy/sanctions LATVIA http://www.mfa.gov.lv/en/security/4539 LITHUANIA http://www.urm.lt/sanctions LUXEMBOURG http://www.mae.lu/sanctions HUNGARY http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/ MALTA http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp NETHERLANDS www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties AUSTRIA http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version= POLAND http://www.msz.gov.pl PORTUGAL http://www.portugal.gov.pt/pt/os-ministerios/ministerio-dos-negocios-estrangeiros/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx ROMANIA http://www.mae.ro/node/1548 SLOVENIA http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/ SLOVAKIA http://www.mzv.sk/sk/europske_zalezitosti/europske_politiky-sankcie_eu FINLAND http://formin.finland.fi/kvyhteistyo/pakotteet SWEDEN http://www.ud.se/sanktioner UNITED KINGDOM https://www.gov.uk/sanctions-embargoes-and-restrictions Address for notifications to the European Commission: European Commission Service for Foreign Policy Instruments (FPI) EEAS 02/309 B-1049 Brussels Belgium E-mail: relex-sanctions@ec.europa.eu

Summary: Restrictive measures in view of the situation in Sudan Restrictive measures in view of the situation in Sudan SUMMARY OF: Decision 2014/450/CFSP — concerning restrictive measures in view of the situation in Sudan Regulation (EU) No 747/2014 — concerning restrictive measures in view of the situation in Sudan WHAT IS THE AIM OF THE DECISION AND THE REGULATION? Both the decision and the regulation transpose a series of United Nations measures to prevent the collaboration of EU nationals and EU residents with Sudan, particularly related to military activities. The decision repeals Decision 2011/423/CFSP and Implementing Decision 2014/40/CFSP. In the interest of clarity, the sanctions on Sudan imposed by Decision 2011/423/CFSP are separated from those dealing with South Sudan and integrated into a single legal text. The regulation repeals Regulations (EC) No 131/2004 and (EC) No 1184/2005 and deals only with Sudan. KEY POINTS EU nationals or nationals from overseas countries and territories are prohibited to provide to Sudan or to any person or body in or for use in Sudan: the direct or indirect supply, sale, transfer or export of arms or related military equipment of all types, including weapons and ammunitionmilitary vehicles and equipmentparamilitary equipment and spare parts; the supply of technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related military equipment; the supply of financing or financial assistance related to military activities, including in particular grants, loans and export credit insuranceinsurance and reinsurance for any sale, supply, transfer or export of arms and related military equipmentrelated technical assistance, brokering services and other services. The decision requires these measures to be reviewed at regular intervals, at least every 12 months. Restrictive measures The decision imposes a travel ban and asset freeze on those deemed to: impede the peace process; constitute a threat to stability in Darfur and the region; commit violations of international humanitarian or human rights law or other atrocities; violate the arms embargo and/or are responsible for offensive military overflights in and over the Darfur region. The annex to the decision and Annex I of the regulation set out the list of individuals whom EU Member States must prevent entering or transiting through their territories and those individuals, companies, entities or bodies whose funds and economic resources will be frozen. Any person listed by the UN Security Council or Sanctions Committee must be included in the annexes. The annexes may be amended by the Council. FROM WHEN DO THE DECISION AND THE REGULATION APPLY? Both the decision and the regulation have applied since 11 July 2014. BACKGROUND The legal bases for these EU sanctions are Article 29 of the Treaty on European Union for the decision, and Article 215 of the Treaty on the Functioning of the European Union for the regulation. For more information, see: Sudan and the EU (European External Action Service) Sanctions policy (European External Action Service) Sanctions: how and when the EU adopts restrictive measures (Council of the European Union). MAIN DOCUMENTS Council Decision 2014/450/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Decision 2011/423/CFSP (OJ L 203, 11.7.2014, pp. 106-112) Successive amendments to Decision 2014/450/CFSP have been incorporated into the original text. This consolidated version is of documentary value only. Council Regulation (EU) No 747/2014 of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005 (OJ L 203, 11.7.2014, pp. 1-12) See consolidated version. RELATED DOCUMENTS Consolidated version of the Treaty on European Union — Title V — General provisions on the Union’s external action and specific provisions on the common foreign and security policy — Chapter 2 — Specific provisions on the common foreign and security policy — Section 1 — Common provisions — Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33) Consolidated version of the Treaty on the Functioning of the European Union — Part Five — The Union’s external action — Title IV — Restrictive measures — Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (recast) (OJ L 134, 29.5.2009, pp. 1-269) See consolidated version. last update 05.10.2020


27.6.2014 EN Official Journal of the European Union L 188/73 COUNCIL DECISION 2014/401/CFSP of 26 June 2014 on the European Union Satellite Centre and repealing Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 28 and Article 31(1) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1) On 20 July 2001, the Council adopted Joint Action 2001/555/CFSP (1) establishing a European Union Satellite Centre (SATCEN). On 23 May 2011, the Council adopted Decision 2011/297/CFSP (2). (2) The functioning of SATCEN as a European autonomous capability providing products and services resulting from exploitation of relevant space assets and collateral data, including satellite and aerial imagery, is essential for strengthening early warning and crisis monitoring functions within the context of the common foreign and security policy (CFSP) and, in particular, of the common security and defence policy (CSDP). (3) On 14 September 2012, pursuant to Article 22 of Joint Action 2001/555/CFSP, the High Representative of the Union for Foreign Affairs and Security Policy (HR) presented a report to the Council on the functioning of SATCEN. (4) On 27 November 2012, the Political and Security Committee (PSC) took note of that report and recommended that the Council amend Joint Action 2001/555/CFSP accordingly. (5) It is appropriate, for reasons of legal clarity, to consolidate previous amendments and the additional proposed changes into a single new Decision and to repeal Joint Action 2001/555/CFSP, including Article 23 thereof on transitional provisions with regard to the Western European Union (WEU). (6) In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union (TEU) and to the Treaty on the Functioning of the European Union (TFEU), Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. This provision, however, does not exclude the participation of Denmark in the civilian activities of SATCEN on the basis of a declared willingness of Denmark to contribute towards covering the expenses of SATCEN which do not have defence implications, HAS ADOPTED THIS DECISION: Article 1 Continuity and location 1. The European Union Satellite Centre established by Joint Action 2001/555/CFSP (SATCEN) shall hereby continue and develop its mission in accordance with this Decision. 2. This Decision shall not affect existing rights and obligations and rules adopted in the framework of Joint Action 2001/555/CFSP. In particular, it shall not affect the validity of existing employment contracts and rights arising therefrom. 3. SATCEN shall have its headquarters at Torrejón de Ardoz, Spain. Article 2 Mission and activities 1. SATCEN shall support the decision making and actions of the Union in the field of the CFSP and in particular the CSDP, including European Union crisis management missions and operations, by providing, at the request of the Council or the HR, products and services resulting from the exploitation of relevant space assets and collateral data, including satellite and aerial imagery, and related services, in accordance with Article 3. 2. In the framework of SATCEN's mission, the HR shall also, upon request and if the capacity of SATCEN so allows and without prejudice to its core tasks set out in paragraph 1, direct SATCEN to provide products or services to: (i) a Member State, the European External Action Service (EEAS), the Commission, or Union agencies or bodies with which SATCEN cooperates pursuant to Article 18; (ii) third States having agreed to the provisions set out in the Annex on the association with SATCEN's activities; (iii) if the request is relevant in the field of the CFSP, in particular of the CSDP, international organisations such as the United Nations, the Organisation for Security and Cooperation in Europe and the North Atlantic Treaty Organisation (NATO). 3. SATCEN may also, in accordance with Article 18 and without prejudice to its core tasks set out in paragraph 1, cooperate with the Commission and with Union agencies, bodies or Member States, with a view to maximising synergies and complementarity with other Union activities that have a bearing on SATCEN and where SATCEN's activities are relevant to those Union activities, in particular in the area of space and security. 4. In order to facilitate the organisation of activities in Brussels, SATCEN shall have a liaison office in Brussels. 5. Following the dissolution of the WEU, SATCEN shall perform the administrative tasks set out in Article 23. The unit in charge of the continuation of those residual administrative tasks shall be based in Brussels. Article 3 Political supervision and operational direction 1. The PSC shall, under the responsibility of the Council, exercise political supervision over SATCEN's activities and issue political guidance on SATCEN's priorities. 2. The HR, in accordance with the HR's responsibilities for the CFSP and, in particular, for the CSDP, shall give operational direction to SATCEN, without prejudice to the responsibilities of the Board and of the Director of SATCEN, respectively, as set out in this Decision. In particular, on the basis of the guidance referred to in paragraph 1, and taking into account the level of resources available, the HR shall prioritise between requests addressed to SATCEN in accordance with tasking guidelines which shall be subject to regular review by the Board. 3. In the execution of the HR's tasks as set out in this Article, the HR shall report as appropriate, and at least once every six months, to the Council, including on the Board's assessment of the implementation by SATCEN of the political guidance referred to in paragraph 1 and of the operational direction referred to in paragraph 2. Article 4 Products and services of SATCEN 1. The products and services of SATCEN in response to requests made in accordance with Article 2(1) and Article 2(2)(ii) and 2(2)(iii) shall be made available to Member States, the EEAS, the Commission, and Union agencies or bodies with which SATCEN cooperates pursuant to Article 18, and to the requesting party, in accordance with applicable security provisions. Those products and services shall be made available to third States having agreed to the provisions set out in the Annex and in accordance with the detailed rules specified in those provisions. 2. In the interest of transparency, the HR shall make available without delay all requests made in accordance with Article 2 to the Member States, the EEAS, the Commission and Union agencies or bodies with which SATCEN cooperates pursuant to Article 18, and to third States having agreed to the provisions set out in the Annex in accordance with the detailed rules specified in those provisions. 3. The products and services of SATCEN resulting from requests made in accordance with Article 2(2)(i) shall be made available to the Member States, the EEAS, the Commission and Union agencies or bodies with which SATCEN cooperates pursuant to Article 18, and/or to third States having agreed to the provisions set out in the Annex, upon a decision of the requesting Party. 4. The PSC may direct the HR to make available products of SATCEN resulting from requests made in accordance with Article 2(1) and 2(2) to any designated third State or organisation on a case-by-case basis. Article 5 Legal personality SATCEN shall have the legal personality necessary to perform its functions and attain its objectives. It may, in particular, enter into contracts, acquire or dispose of movable and immovable property and be a party to legal proceedings. SATCEN shall be non-profit making. Member States shall take steps to accord SATCEN the legal capacity accorded to legal persons under their national laws, as necessary. Article 6 Board 1. SATCEN shall have a Board that approves its annual and long-term work programme and the appropriate budget. The Board shall be a forum for discussing issues related to SATCEN's functioning, staff and equipment. The Board shall assess on a regular basis the implementation by SATCEN of the political guidance and operational direction referred to in Article 3. The Board shall adopt all relevant decisions relating to the fulfilment of SATCEN's mission, including proposals for activities under Articles 18, 19 and 20, provided that they are not reserved, under this Decision, for the Council or the Director of SATCEN. 2. The Board shall be chaired by the HR or by the HR's representative. The HR shall report to the Council on the work of the Board. 3. The Board shall be composed of one representative appointed by each Member State and one representative appointed by the Commission. Each member of the Board may be represented or accompanied by an alternate. Letters of appointment, duly authorised by the Member State or the Commission, as appropriate, shall be directed to the HR. 4. The Director of SATCEN or the Director's representative shall, as a rule, attend Board meetings. The Chairman of the European Union Military Committee, the Director General of the European Union Military Staff and the European Union Civilian Operations Commander may attend Board meetings. Representatives of other relevant Union bodies may also be invited to Board meetings. 5. Unless otherwise provided in this Decision, decisions of the Board shall be taken on a vote by the representatives of the Member States by qualified majority, the votes being weighted in accordance with Article 16(4) and 16(5) TEU. The Board shall adopt its rules of procedure. 6. The Board may decide to create ad hoc working groups or standing committees with the same format as the Board itself dealing with specific subjects or issues within its overall responsibility and acting under its supervision. The decision to create such a working group or committee shall set out its mandate, composition and duration. 7. The Board shall be convened by the Chairman at least twice a year and also at the request of at least one third of its members. Article 7 Director 1. The Board shall select and appoint the Director of SATCEN from among nationals of the Member States on a recommendation from an advisory panel. The Director shall be appointed for a period of three years, which period may be extended by one two-year term. 2. Taking into account the technical and operational nature of the mission of SATCEN, the candidates for the position of Director should be persons with recognised long-standing expertise and experience in the field of geospatial information and imagery or in the field of foreign relations and security policy. Member States shall submit candidatures to the Board. The advisory panel, composed of the HR (or his/her representative) who shall chair the panel, of three representatives of the Member States from among the Trio Presidency and of one representative of the EEAS, shall recommend at least three candidates to the Board with a view to the selection and appointment of the Director. 3. The Director shall be the legal representative of SATCEN. 4. The Director shall be responsible for recruiting all other SATCEN staff. 5. After approval by the Board, the Director shall appoint the Deputy Director of SATCEN. The Deputy Director shall be appointed for a period of three years, with a possible extension of a further three-year term with the approval of the Board. 6. The Director shall ensure the execution of the mission of SATCEN as set out in Article 2. The Director shall uphold a high level of expertise and professionalism at SATCEN, as well as ensuring efficiency and effectiveness in carrying out SATCEN's activities. The Director shall take all necessary measures to that end, including the training of personnel and the conduct of research and development projects in support of its mission. The Director shall also be responsible for the tasks assigned to him/her in this Decision: (a) preparing the work of the Board, in particular the draft annual work programme of SATCEN; (b) the day-to-day administration of SATCEN; (c) preparing the statement of income and expenditure and implementing SATCEN's budget; d) security aspects; (e) all personnel matters; (f) informing the PSC about the annual work programme; (g) establishing working relations and cooperation with the Commission and Union agencies or bodies, in accordance with Article 18; (h) establishing working relations and cooperation with Member States' institutions, in accordance with Article 19; (i) establishing working relations and cooperation with third States, organisations or entities, in accordance with Article 20; (j) negotiating administrative arrangements, in accordance with the procedure laid down in Articles 18 and 20. 7. Within the work programme and budget of SATCEN, the Director shall be empowered to enter into contracts, to recruit staff approved in the budget and to incur any expenditure necessary for the operation of SATCEN. 8. The Director shall prepare an annual report on SATCEN's activities by 31 March of the following year. The annual report shall be forwarded to the Board and, through the HR, to the Council, which shall forward the report to the European Parliament and to the Commission. 9. The Director shall be accountable to the Board. Article 8 Staff 1. The staff of SATCEN, including the Director, shall consist of contract staff recruited on the broadest possible basis from among nationals of the Member States, and of seconded experts. 2. The contract staff shall be appointed by the Director on the basis of merit and through fair and transparent competition procedures. 3. The need for secondment of staff to SATCEN shall be determined by the Board in consultation with the Director of SATCEN. In agreement with the Director, experts from Member States and officials from the EEAS, Union institutions agencies or bodies may be seconded to SATCEN for an agreed period, either to posts within SATCEN's organisational structure and/or for specific tasks and projects. 4. Contract staff may be seconded for a limited period to a post outside SATCEN, in accordance with SATCEN staff rules. 5. The Board shall draw up, on a proposal from the Director, SATCEN staff rules which shall be adopted by the Council. 6. The provisions relating to seconded experts shall be adopted by the Board on a proposal from the Director. Article 9 Work programme 1. By 30 September of each year, the Director shall establish a draft annual work programme for the following year accompanied by a draft long-term work programme containing indicative perspectives for two additional years, and shall submit them to the Board for approval. 2. By 30 November of each year, the Board shall approve the annual and long-term work programmes. Article 10 Budget 1. All items of income and expenditure of SATCEN shall be included in estimates to be drawn up for each financial year, which shall correspond to the calendar year. They shall be shown in the budget of SATCEN which shall include a list of staff. 2. The income and expenditure shown in the budget of SATCEN shall be in balance. 3. The income of SATCEN shall consist of contributions from the Member States, except Denmark, according to the gross national income scale, payments made in remuneration for services rendered and miscellaneous income. 4. Products and services provided in accordance with Article 2(2) and those concerning crisis management missions and operations are subject to cost recovery charges pursuant to the guidelines laid down in SATCEN's financial rules, as referred to in Article 12, except for the Member States and the EEAS. 5. In exceptional circumstances, third party cost recovery may be waived upon a decision by the PSC. 6. In the framework of arrangements that may be authorised in accordance with Article 18, 19 or 20, SATCEN may receive in its budget as earmarked revenue for a specific purpose financial contributions from: (a) the general budget of the Union on a case-by-case basis, in full compliance with the rules, procedures and decision-making processes applicable to it; (b) Member States, third States or other third parties. 7. Earmarked revenue may only be used for the specific purpose to which it is assigned. Article 11 Budgetary procedure 1. By 30 September of each year, the Director shall submit to the Board an annual draft budget for SATCEN covering administrative expenditure, operational expenditure and expected income, including earmarked revenue, for the following financial year as well as long-term indicative estimates on expenditure and income in view of the draft long-term work programme. 2. By 30 November of each year, the Board shall approve the annual budget of SATCEN by unanimity of the representatives of Member States. 3. In the case of unavoidable, exceptional or unforeseen circumstances, the Director may propose a draft amending budget to the Board. The Board, with due regard to any urgency, shall approve the amending budget by unanimity of the representatives of Member States. 4. Control of the commitment and payment of all expenditure and the recording and collection of all income shall be carried out by an independent financial controller appointed by the Board. 5. By 31 March of each year, the Director shall submit to the Council and to the Board the detailed accounts of all income and expenditure from the previous financial year and the report on SATCEN's activities. 6. The Board shall give discharge to the Director in respect of the implementation of the budget of SATCEN. Article 12 Financial rules The Board, with the approval of the Council, shall draw up, on a proposal from the Director, detailed financial rules specifying, in particular, the procedure to be followed for establishing, implementing and controlling the budget of SATCEN. Article 13 Privileges and immunities 1. The privileges and immunities of the Director and SATCEN staff are provided for in the Decision of the Representatives of the Governments of the Member States, meeting within the Council, of 15 October 2011 on the privileges and immunities granted to the European Union Institute for Security Studies and the European Union Satellite Centre, and to their bodies and staff. Pending the entry into force of that Decision, the host State may grant to the Director and SATCEN staff the privileges and immunities provided therein. 2. The privileges and immunities of SATCEN are those provided for in the Protocol (No 7) on the privileges and immunities of the European Union, annexed to the TEU and to the TFEU. Article 14 Legal liability 1. The contractual liability of SATCEN shall be governed by the law applicable to the contract concerned. 2. The Court of Justice of the European Union shall have jurisdiction pursuant to any arbitration clause contained in a contract concluded by SATCEN. 3. The personal liability of staff towards SATCEN shall be governed by the relevant provisions applying to SATCEN staff. Article 15 Protection of EU classified information 1. SATCEN shall apply Council Decision 2013/488/EU (3). 2. In their relations with SATCEN and with respect to its products and services, the third States having agreed to the provisions set out in the Annex on association with SATCEN's activities shall, in an Exchange of Letters with SATCEN, confirm that they apply the security principles and minimum standards established by Decision 2013/488/EU, as well as those set out by possible providers of classified data. Article 16 Access to documents Upon a proposal by the Director, the Board shall adopt rules on public access to the documents of SATCEN, taking into account the principles and limits laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council (4). Article 17 The position of Denmark 1. The Danish member of the Board shall take part in the work of the Board in full respect of Article 5 of the Protocol (No 22) on the position of Denmark annexed to the TEU and to the TFEU. Denmark may address requests not having defence implications to the HR in accordance with Article 2(2)(i) of this Decision. 2. Products and services arising from SATCEN's mission under Article 2 shall be made available to Denmark under the same conditions as to the other Member States, except for requests having defence implications under Article 2(2) and for the resulting products. 3. Denmark shall have the right to second staff to SATCEN in accordance with Article 8. Article 18 Cooperation in other Union activities 1. SATCEN may establish working relations and cooperate with the Commission and Union agencies or bodies with a view to maximising synergies and complementarity with other Union activities that have a bearing on SATCEN's mission and where SATCEN's activities are relevant to those Union activities, in particular in the area of space and security. 2. In the framework of such cooperation and after approval by the Board, SATCEN may, inter alia, liaise, exchange expertise and advice, contribute to relevant Union programmes and projects, receive contributions from relevant Union programmes and projects, and make available products in accordance with Article 2(2)(i). 3. In order to further such cooperation, SATCEN may enter into administrative arrangements with the Commission, relevant Union agencies and bodies or Member States. The Board shall decide to authorise the Director to negotiate such administrative arrangements and shall address directives in this regard to the Director. The negotiations shall be conducted in consultation with the Board. Every such arrangement shall be concluded by SATCEN upon approval thereof by the Board. Article 19 Cooperation with Member States' institutions Upon a proposal by the HR or by a Member State and after approval by the Board, SATCEN may establish working relations and cooperate with Member States' institutions in the area of space and security that have a bearing on SATCEN's mission and where SATCEN's activities are relevant to those institutions. Article 20 Cooperation with third States, organisations and entities 1. For the purpose of fulfilling its mission, SATCEN may establish working relations and cooperate with third States, organisations or entities. To this effect, it may enter into administrative arrangements with competent authorities of third States, international organisations or entities. 2. The Board shall decide to authorise the Director to negotiate such administrative arrangements and shall address directives in this regard to the Director. The negotiations shall be conducted in consultation with the Board. Every such arrangement shall be concluded by SATCEN upon approval by the Council and shall be signed by the Director. 3. Non-EU NATO members and other States which are candidates for accession to the Union shall be entitled to be involved in SATCEN's activities on a case-by-case basis in accordance with Article 4 of this Decision and the provisions set out in the Annex. Article 21 Data Protection Upon a proposal by the Director, the Board shall adopt implementing rules concerning Regulation (EC) No 45/2001 of the European Parliament and of the Council (5). Article 22 Reporting By 31 July 2019, the HR shall present a report to the Council on the functioning of SATCEN accompanied, if necessary, by appropriate recommendations with a view to its further development. Article 23 Administrative tasks following the dissolution of the WEU 1. Following the dissolution of the WEU, SATCEN shall, on behalf of Belgium, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Portugal, and the United Kingdom (‘the ten Member States’), perform the following residual administrative tasks of the WEU: (a) the administration of the pensions of former staff of the WEU; (b) the administration of the medical insurance of retired former staff of the WEU; (c) the administration of the WEU Social Plan; (d) the administration of any disputes between the WEU and any member of its former staff and the implementation of the decisions of the WEU Appeals Board or competent court; (e) assistance to the ten Member States in relation to WEU residual and other administrative tasks, including the liquidation of the WEU's assets. 2. The administration of the pensions of former staff of the WEU shall: (a) take place in accordance with the pension scheme of the WEU, as in force on 30 June 2011, which scheme may be amended by the Board referred to in paragraph 7, within the framework of the Coordinated Organisations; (b) be managed by a specialised authority, organisation or financial institution as approved by the Board referred to in paragraph 7 upon a proposal by the Director of SATCEN. Any disputes relating to those pensions and involving former staff of the WEU shall be settled in accordance with paragraph 5. 3. The administration of the medical insurance of retired former staff of the WEU shall take place in accordance with the WEU staff rules as in force on 30 June 2011 and as subsequently amended by the Board referred to in paragraph 7. 4. The administration of the WEU Social Plan shall take place in accordance with the Social Plan adopted by the WEU on 22 October 2010. It shall also be in accordance with any subsequent binding decision by the competent Appeals Board and with any decisions taken by the WEU or the Board referred to in paragraph 7, to implement that decision. 5. Any disputes in relation to former staff of the WEU arising from the implementation of the residual tasks of the WEU shall be subject to the dispute settlement procedure of WEU staff rules as in force on 30 June 2011 and subsequently amended by the Board referred to in paragraph 7. The status of former staff of the WEU shall be governed by the WEU staff rules as in force on 30 June 2011, as subsequently amended by the Board referred to in paragraph 7, and any applicable decision, including the WEU Social Plan. 6. Assistance to the ten Member States shall include the administration of current affairs and of any legal or financial issue arising from the closure of the WEU, performed under the guidance from the Board referred to in paragraph 7. 7. Any decisions in relation to the tasks set out in this Article, including decisions by the Board referred to in this Article, shall be adopted unanimously by the Board composed of representatives of the ten Member States. The Board in this configuration shall decide on how it is to be chaired by one of its members. The Director of SATCEN or the Director's representative shall, as appropriate, attend meetings of the Board in this configuration. The Board shall be convened by the Chairperson at least once a year or at the request of at least three of its members. Ad hoc meetings of the Board may be convened at expert level in order to deal with specific subjects or issues. Decisions of the Board may be taken by written procedure. 8. SATCEN shall recruit the staff necessary to perform the tasks mentioned in paragraph 1. If any of the ten Member States offers to second a person for that purpose, that person shall be recruited. If that is not the case, or if secondment does not fill all the required posts, the necessary staff shall be recruited. SATCEN's staff regulations shall be applicable, subject to this Article. 9. All items of expenditure resulting from and revenue related to the implementation of this Article shall be part of a separate budget from that of SATCEN. That budget shall be drawn up for each financial year, which shall correspond to the calendar year, and shall be adopted by the Board referred to in paragraph 7, acting upon a proposal by the Director of SATCEN, by 30 November of each year. The revenue and expenditure shown in that budget shall be in balance. That budget shall include a list of the staff recruited in accordance with paragraph 8. The revenue shall consist of contributions from the ten Member States, determined in accordance with the rules applicable to their contributions to the WEU as in force on 30 June 2011, and of miscellaneous revenue. The Board as referred to in paragraph 7 shall adopt detailed financial rules, separate from those of SATCEN, specifying in particular the procedure to be followed for establishing and implementing the budget referred to in the first subparagraph of this paragraph. 10. A start-up fund of EUR 5,3 million funded by the ten Member States shall constitute a further guarantee of availability of financial resources for the implementation of the residual administrative tasks of the WEU referred to in this Article, in particular with regard to pension rights. Article 24 Repeal Joint Action 2001/555/CFSP is hereby repealed. Article 25 Entry into force This Decision shall enter into force on the date of its adoption. Done at Brussels, 26 June 2014. For the Council The President E. VENIZELOS (1) Council Joint Action 2001/555/CFSP of 20 July 2001 on the establishment of a European Union Satellite Centre (OJ L 200, 25.7.2001, p. 5). (2) Council Decision 2011/297/CFSP of 23 May 2011 amending Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre (OJ L 136, 24.5.2011, p. 62). (3) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1). (4) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). (5) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). ANNEX PROVISIONS ON THE ASSOCIATION OF THIRD STATES WITH SATCEN'S ACTIVITIES Article 1 Purpose These provisions set up the scope of and detailed rules for the involvement of third States in the activities of SATCEN. Article 2 Scope Third States mentioned in Article 20(3) of this Decision shall be entitled to: (a) submit national requests for imagery analysis to be implemented by SATCEN; (b) submit candidates for secondment as image analysts to SATCEN for a limited time; (c) have access to products and services of SATCEN in accordance with Article 5 of these provisions. Article 3 Requests 1. Any requests for imagery analysis tasks to be implemented by SATCEN may be submitted by third States to the HR in accordance with Article 2(2)(ii) of this Decision. 2. If the capacity of SATCEN allows, the HR shall direct SATCEN accordingly, in conformity with Article 3 of this Decision. 3. Third States shall accompany each request by collateral data as appropriate, and shall reimburse SATCEN in accordance with Article 10(4) of this Decision and the rules for cost recovery charges specified in SATCEN's financial rules. Third States shall indicate whether requests and/or products should be made available to other third States and international organisations. Article 4 Secondment of experts 1. Third States shall be entitled to submit candidates to SATCEN for secondment as experts for a limited time with a view to familiarising themselves with its functioning. 2. Candidatures shall be taken into consideration subject to the availability of positions. 3. The duration of the secondment shall be based on a proposal by the Director of SATCEN and shall depend on SATCEN's available capabilities. The broadest possible rotation among candidates from interested third States shall be taken into consideration. 4. Candidates shall be experienced experts possessing sufficient professional qualifications. Experts on secondment shall normally take part in those operational activities of SATCEN that use commercial imagery. 5. Experts from third States shall comply with Decision 2013/488/EU and enter into a confidentiality commitment with SATCEN. 6. Third States shall cover the salary of their seconded experts, all related costs such as allowances, social charges, installation and travel costs, as well as any additional costs to the budget of SATCEN as determined in the detailed rules referred to in paragraph 8. 7. Mission expenses inherent in the activities of the seconded image analyst from third States in SATCEN shall be met by SATCEN's budget. 8. The detailed rules for secondment shall be drawn up by the Director of SATCEN. Article 5 Availability of SATCEN's products 1. The HR shall inform third States when products requested in accordance with Article 2 of this Decision are available at the EEAS. 2. Requests and products made in accordance with Article 2(1) of this Decision shall be made available to third States when the HR deems it to be relevant for dialogue, consultation and cooperation between those States and the Union on CSDP. 3. Requests and products of SATCEN made in accordance with Article 2(2) of this Decision shall be made available to third States upon the decision of the requesting Party. Article 6 Consultative Committee 1. A Consultative Committee shall be set up, chaired by the Director of SATCEN, or his or her representative, and composed of representatives of the members of the Board and representatives of third States having accepted the provisions set out in this Annex. The Consultative Committee may meet in different compositions. 2. The Consultative Committee shall address matters of common interest falling within the scope of the provisions set out in this Annex. 3. The Consultative Committee shall be convened by the Chairman at his or her initiative or at the request of at least one third of its members. Article 7 Entry into force 1. The provisions set out in this Annex shall become effective with regard to each third State on the first day of the month following a notification to the HR by the competent authority of the third State on the acceptance of the terms set out in these provisions. 2. The third State shall notify the HR of its decision not to avail itself any longer of these provisions, at least one month before that decision takes effect.

Summary: EU Satellite Centre (SATCEN) EU Satellite Centre (SATCEN) SUMMARY OF: Council Decision 2014/401/CFSP — on European Union satellite centre WHAT IS THE AIM OF THE DECISION? It repeals Joint Action 2001/555/CFSP, which established SATCEN, and consolidates previous amendments and additional proposed changes into a single new decision. KEY POINTS SATCEN headquarters continue to be in Torrejón de Ardoz, Spain. However, this decision establishes a liaison office in Brussels. This decision reaffirms that SATCEN operations are in the context of the EU’s common foreign and security policy (CFSP) and, in particular, the common security and defence policy (CSDP). The Political and Security Committee (PSC) of the Council of the EU exercises political supervision over the activities of SATCEN. The High Representative of the EU for Foreign Affairs and Security Policy is responsible for the operational direction. The SATCEN board is responsible for the annual and long-term programmes and the appropriate budget. SATCEN is responsible for the residual administrative tasks, such as administering pensions, medical insurance and employee disputes, for employees of the dissolved Western European Union (WEU)*. Under this decision, primarily through Earth observation satellites, SATCEN offers geospatial intelligence products and services to users that request it, such as the European external action service, individual EU countries, the European Commission or international organisations such as the United Nations or NATO. Every September, the SATCEN director, who is appointed by the board for the duration of 3 years, establishes an annual work programme. This annual work programme, as well as the long-term work programme and the budget, must be approved by the board. The board is composed of a representative appointed by each EU country and the European Commission and chaired by the High Representative. By 31 July 2019, the High Representative of the EU must present a report and, if necessary, recommendations, to the Council of the EU on the functioning of SATCEN. FROM WHEN DOES THE DECISION APPLY? It applies from 26 June 2014. BACKGROUND Satellites are essential for strengthening early warning* and crisis monitoring functions in the context of security and defence. Here, the EU takes action to strengthen its satellite centre (SATCEN) for such purposes. For more information, see: European Union satellite centre. KEY TERMS WEU: an international organisation and military alliance consisting of 10 EU countries. It became dormant in November 2000, when its tasks were transferred to the European Union’s CSDP, which is a key element of the EU’s agreed foreign policy (CFSP). The WEU was dissolved in 2011 and its residual administrative tasks were transferred to SATCEN. Early warning: the tracking of indicators to identify potential problems at an early stage. MAIN DOCUMENT Council Decision 2014/401/CFSP of 26 June 2014 on the European Union satellite centre and repealing Joint Action 2001/555/CFSP on the establishment of a European Union satellite centre (OJ L 188, 27.6.2014, pp. 73–84) Successive amendments to Decision 2014/401/CFSP have been incorporated into the original document. This consolidated version is of documentary value only. last update 25.06.2018