LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 27/2015
ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ
ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ
ΤΕΥΧΟΣ ΠΡΩΤΟ Αρ. Φύλλου 27 5 Μαρτίου 2015 ΠΕΡΙΕΧΟΜΕΝΑ ΑΠΟΦΑΣΕΙΣ Απόφαση 2196 (2015) του Συμβουλίου Ασφαλείας Ο.Η.Ε περί Κεντροαφρικανικής Δημοκρατίας........ 1 ΔΙΟΡΘΩΣΕΙΣ ΣΦΑΛΜΑΤΩΝ Διορθώσεις σφαλμάτων της Κανονιστικής Διατάξεως υπ’ αριθμ. 265/2015 «Περί αξιολογήσεως των εκκλησιαστικών υπαλλήλων», η οποία εδημοσιεύθη εις το ΦΕΚ 25/Α΄/24.2.2015. ............................................. 2 ΑΠΟΦΑΣΕΙΣ (1) Αριθμ. Φ.3400.1/ΑΣ 7351 Απόφαση 2196 (2015) του Συμβουλίου Ασφαλείας Ο.Η.Ε. περί Κεντροαφρικανικής Δημοκρατίας. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Τη διάταξη του άρθρου 1 του Α.Ν. 92 της 3/10.8.67 «Περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως». Προβαίνουμε στη δημοσίευση της απόφασης 2196 (2015) του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών η οποία είναι, δυνάμει του άρθρου 25 του Χάρτη των Ηνωμένων Εθνών που κυρώθηκε με τον Α.Ν. 585/1945, υποχρεωτική για τα κράτη μέλη του Οργανισμού και παραγγέλλουμε την αυστηρή τήρηση και συμμόρφωση προς τις διατάξεις της απόφασης αυτής. Κατωτέρω παρατίθεται το κείμενο της απόφασης στην αγγλική γλώσσα και σε ελληνική μετάφραση. 203 Resolution 2196 (2015) Adopted by the Security Council at its 7366th meeting, on 22 January 2015 The Security Council, Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolutions 2121 (2013), 2127 (2013), 2134 (2014) 2149 (2014) and 2181 (2014), as well as the Presidential Statement S/PRST/2014/28 of 18 December 2014, Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the CAR, and recalling the importance of the principles of non-interference, goodneighbourliness and regional cooperation, Recalling that the Central African Republic bears the primary responsibility to protect all populations within its territory from genocide, war crimes, ethnic cleansing and crimes against humanity, political process, and should include the restructuring of the Central African Republic security forces, Reiterating its call upon the Transitional Authorities to accelerate the transition process, including its action towards an inclusive and comprehensive political dialogue and reconciliation process and towards the holding of free, fair, transparent and inclusive presidential and legislative elections no later than August 2015, with the full, effective and equal participation of women, Commending the African-led International Support Mission to the Central African Republic (MISCA), Sangaris and EUFOR RCA for the work done in laying the foundation for increased security ahead of and in support of the United Nations Integrated Multi-dimensional Mission to the CAR (MINUSCA)’s deployment, noting also with concern, however, that while improving, security in the CAR remains fragile, Welcoming the decision of the European Union to establish a one-year military advice mission based in Bangui (EUMAM-RCA), as requested by the CAR transitional authorities, in order to contribute to providing them with expert advice on reforming the CAR Armed Forces (FACA) into a multi-ethnic, professional, and republican armed forces, and underlines the importance of a clear distribution of tasks and close coordination between the international forces or missions in the CAR and the lead role of MINUSCA in this regard, and further requests that this information is included in the regular reporting of the Secretary-General on MINUSCA, Welcoming the United Nations Secretary-General Report of 1 December 2014 (S/2014/857) submitted pursuant to resolution 2149 (2014), Welcoming also the interim and final reports (S/2014/452 and S/2014/762) of the Panel of Experts on the Central African Republic established pursuant to resolution 2127 (2013) and expanded and extended pursuant to resolution 2134 (2014), Taking note of the final report of the United Nations International Commission of Inquiry (S/2014/928) of 22 December 2014, Strongly condemning the resurgence of violence, which was politically or criminally motivated, that occurred in October 2014 in Bangui; the continuous cycle of provocations and reprisals by armed groups, international humanitarian law violations, including those involving extrajudicial killings, enforced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, recruitment and use of children and attacks against civilians, attacks against places of worship, and denial of humanitarian access, committed by armed elements, which continue to adversely affect the dire humanitarian situation faced by the civilian population and to impede humanitarian access to vulnerable populations, Equally condemning the targeted attacks against the Transitional Authorities as well as those against MINUSCA, Sangaris and EUFOR RCA troops during the October events in Bangui, underlining that attacks targeting peacekeepers are among the designation criteria in paragraph 10 of this resolution and may constitute a war crime and reminding all parties of their obligations under international humanitarian law, Reiterating that all perpetrators of such acts must be held accountable and that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, noting in this regard the opening by the Prosecutor of the International Criminal Court on 24 September 2014 of an investigation following the request of the national authorities on alleged crimes committed since 2012 and welcoming the ongoing cooperation by the CAR Transitional Authorities in this regard, Expressing grave concern at the findings of the Panel of Experts’ final report of 29 October 2014 (S/2014/762) that, armed groups continue to destabilize the CAR and to pose a permanent threat to the peace, security and stability of the country, and further expressing concern that illicit trade, exploitation and smuggling of natural resources including gold, diamonds and wildlife poaching and trafficking continues to threaten the peace and stability of CAR, Noting with concern the findings of the Panel of Experts’ final report that the Lord’s Resistance Army (LRA) remains active in the CAR and that it has established links to other armed groups, Stressing the urgent and imperative need to end impunity in the CAR and to bring to justice perpetrators of violations of international humanitarian law and of abuses or violations of human rights, underlining in this regard the need to bolster national accountability Urgent Temporary Measures, which describes, in particular, the establishment of a national Special Criminal Court in charge of investigating and prosecuting the serious crimes committed in the CAR, including through the adoption of the necessary legislation by the Transitional Authorities, Emphasizing the risk of the situation in the CAR providing a conducive environment for transnational criminal activity, such as that involving arms trafficking and the use of mercenaries as well as a potential breeding ground for radical networks, Acknowledging in this respect the important contribution the Council-mandated arms embargo can make to countering the illicit transfer of arms and related materiel in the CAR and its region, and in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration and security sector reform, recalling its resolutions 2117 (2013) and 2127 (2013) and expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, and the use of such weapons against civilians affected by armed conflict, Recalling the need for an inclusive and effective disarmament, demobilization and reintegration process (DDR) as well as repatriation and resettlement (DDRRR) in the case of foreign fighters, including children formerly associated with armed forces and groups, while respecting the need to fight impunity, Recalling its decision to establish a sanctions regime pursuant to resolutions 2127 (2013) and 2134 (2014) and emphasizing that the targeted sanctions aim at, inter alia, individuals and entities designated by the Committee established pursuant to resolution 2127 (2013) and expanded pursuant to resolution 2134 (2014) as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, that impede the political transition process or that fuel violence and at individuals and entities designated by the Committee as involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law or that constitute human rights abuses or violations, Noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring States, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance cooperation, and security in the region, Acting under Chapter VII of the Charter of the United Nations, Arms embargo
Decides that, through 29 January 2016, all Member States shall continue to take the necessary measures to prevent the direct or indirect supply, sale or transfer to the CAR, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to: (a) Supplies intended solely for the support of or use by MINUSCA, the African Union-Regional Task Force (AU-RTF), and the European Union Missions and French Forces deployed in the CAR; (b) MINUSCA, the AU-RTF, the European Union Missions and French Forces operating in the CAR to provide organizational advice or nonoperational training to the CAR government forces and as relevant to the implementation of their mandates, and requests these forces to report on measures taken in this regard as part of their regular reports to the Council; (c) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee; (d) Protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; (e) Supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Trinational Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations; for support of or use in the CAR process of SSR, as approved in advance by the Committee; or (g) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;
Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 1 of this resolution, seize, register and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 1 of this resolution and decides further that all Member States shall cooperate in such efforts;
Reiterates its call upon the transitional authorities, with the assistance of MINUSCA and international partners, to address the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons in the CAR, and to ensure the safe and effective management, storage, and security of their stockpiles of small arms and light weapons and the collection and/or destruction of surplus, seized, unmarked, or illicitly held weapons and ammunition and further stresses the importance of incorporating such elements into SSR and DDRRR programmes; Travel ban
Decides that, through 29 January 2016, all Member States shall continue to take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;
Decides that the measures imposed by paragraph 4 above shall not apply: (a) Where the Committee determines on a caseby-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation; (b) Where entry or transit is necessary for the fulfilment of a judicial process; (c) Where the Committee determines on a caseby-case basis that an exemption would further the objectives of peace and national reconciliation in the CAR and stability in the region; CAR and observes that individuals who knowingly facilitate the travel of a listed individual in violation of the travel ban may be determined by the Committee to have met the designation criteria provided for in this resolution; Asset freeze
Decides that all Member States shall, through 29 January 2016, continue to freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities designated by the Committee, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall continue to ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the individuals or entities designated by the Committee;
Decides that the measures imposed by paragraph 7 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States: (a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification; (b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee; or (c) To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant State or Member States to the Committee;
Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 7 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;
Decides that the measures in paragraph 7 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 7 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization; Designation criteria
Decides that the measures contained in paragraphs 4 and 7 shall apply to the individuals and entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or violate transitional agreements, or that threaten or impede the political transition process, including a transition toward free and fair democratic elections, or that fuel violence;
Η ανάγνωση του παρόντος εγγράφου δεν αντικαθιστά την ανάγνωση του αντίστοιχου τεύχους της Εφημερίδας της Κυβερνήσεως. Δεν αναλαμβάνουμε ευθύνη για τυχόν ανακρίβειες που οφείλονται στη μετατροπή του πρωτοτύπου σε αυτή τη μορφή.