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Overview:
The Council Implementing Regulation (EU) 2024/2670 of 8 October 2024 amends Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (DRC). This regulation specifically removes two individuals from the list of persons subject to restrictive measures as listed in Annex Ia of the original regulation.
Key Provisions:
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Legal Basis: The regulation is adopted under the authority of the Treaty on the Functioning of the European Union and pursuant to Article 9(2) of Regulation (EC) No 1183/2005. This article empowers the Council to amend the list of persons, entities, and bodies subject to restrictive measures.
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Proposal from the High Representative: The amendment follows a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, ensuring that the decision aligns with the EU’s foreign policy objectives.
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Implementation of Court Judgments: The regulation acknowledges the judgments of the General Court in Cases T-88/23 and T-89/23. As a result of these judgments, the Council has decided to remove two entries from the list to comply with the court’s decisions.
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Amendment of Annex Ia: Annex Ia to Regulation (EC) No 1183/2005 is amended by deleting the entries pertaining to the following individuals from Section A (“Persons”):
- Evariste BOSHAB
- Alex Kande MUPOMPA
This means that these individuals are no longer subject to the restrictive measures outlined in the regulation.
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Entry into Force: The regulation enters into force on the day following its publication in the Official Journal of the European Union. This ensures immediate applicability of the amendments.
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Binding Nature: The regulation is binding in its entirety and directly applicable in all Member States. This underscores the uniformity of the EU’s legal framework and the direct effect of such regulations.
Significance:
The removal of these individuals from Annex Ia signifies the EU’s response to legal developments and court rulings. It reflects the commitment to uphold the rulings of the General Court and adjust restrictive measures accordingly.
Publication and Reference:
The regulation is published in the Official Journal of the European Union, ensuring transparency and accessibility. An Electronic Legal Information (ELI) reference is provided for ease of access:
ELI: http://data.europa.eu/eli/reg_impl/2024/2670/oj
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