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Council Implementing Decision (CFSP) 2018/569 of 12 April 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

In forceVersion 2018-04-12from 2018-04-14
Grade B

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Contents
  1. Preamble
    1. Article 1
    2. Article 2
  3. ANNEX
  4. ANNEX

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP, and in particular Article 6 thereof,

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

Whereas:

(1) On 20 December 2010, the Council adopted Decision 2010/788/CFSP.

(2) Further to the review of the autonomous restrictive measures laid down in Article 3(2) of Decision 2010/788/CFSP, statements of reasons relating to two persons should be amended.

(3) Annex II to Decision 2010/788/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex II to Decision 2010/788/CFSP is hereby amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Luxembourg, 12 April 2018. For the Council The President T. Donchev

ANNEX

ANNEX

The entries concerning the persons listed below are replaced by the following entries: 10. Alex Kande Mupompa, Former Governor of Kasai Central a.k.a Alexandre Kande Mupomba; Kande-Mupompa. DOB: 23.9.1950. POB: Kananga (DRC). DRC passport number: OP 0024910 (valid: 21.3.2016 — expiry: 20.3.2021). Address: Messidorlaan 217/25, 1180 Uccle, Belgium DRC and Belgian nationalities. As Governor of Kasai Central until October 2017, Alex Kande Mupompa has been responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the PNC in Kasai Central from August 2016, including killings on the territory of Dibaya in February 2017. Alex Kande Mupompa was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. 29.5.2017 12. Lambert Mende, Minister of Communications and Media, and spokesperson of the Government a.k.a Lambert Mende Omalanga. DOB: 11.2.1953. POB: Okolo (DRC). Diplomatic passport number: DB0001939 (issued: 4.5.2017 — expiring: 3.5.2022). DRC nationality. As Communications and Media Minister since 2008, Lambert Mende is responsible for the repressive media policy applied in DRC, which breaches the right to freedom of expression and information and undermines a consensual and peaceful solution towards elections in DRC. On 12 November 2016, he adopted a decree limiting the possibility for foreign media outlets to broadcast in the DRC. In breach of the political agreement settled on 31 December 2016 between the presidential majority and opposition parties, broadcasts of a number of media outlets remained cut off for several months. In his capacity as Communications and Media Minister, Lambert Mende is therefore responsible for obstructing a consensual and peaceful solution towards elections in DRC, including by acts of violence, repression or inciting violence, or by undermining the rule of law. 29.5.2017

Versions

  1. 2018-04-12

Cited by

  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    In Case T‑170/18, Alex Kande Mupompa, residing in Kinshasa (Democratic Republic of the Congo), represented by T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers, applicant,v Council of the European Union, represented by J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents, defendant, APPLICATION under Article 263 TFEU for the annulment of (i) Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), (ii) Council Implementing Decision (CFSP) 2018/5
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    On 12 April 2018, the Council adopted Implementing Decision (CFSP) 2018/569 implementing Decision 2010/788 (OJ 2018 L 95, p. 21) and Implementing Regulation (EU) 2018/566 implementing Article 9 of Regulation No 1183/2005 (OJ 2018 L 95, p. 9). The grounds for listing the applicant’s name were amended as follows. As Governor of Kasai Central until October 2017, Alex Kande Mupompa has been responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the PNC in Kasai Central from August 2016, including killings on the territory o
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    By separate document lodged at the Court Registry on 5 June 2018, the applicant, on the basis of Article 86 of the Rules of Procedure of the General Court, lodged a request for modification of the application with a view to extending the form of order sought in that application to cover Implementing Decision 2018/569 and Implementing Regulation 2018/566, in so far as those acts concerned him. The Council submitted observations on the statement of modification on 6 July 2018.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    The applicant claims that the Court should: annul Decision 2017/2282, in so far as it maintains the listing of his name in Annex II to Decision 2010/788 and Annex Ia to Regulation No 1183/2005, as amended, respectively, by Implementing Decision 2018/569 and Implementing Regulation 2018/566; order the Council to pay the costs.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    The Council contends that the Court should: dismiss the action; in the alternative, in the event that Decision 2017/2282 or Implementing Decision 2018/569 is annulled, maintain the effects of the annulled decision in relation to the applicant until expiry of the period for bringing an appeal against the judgment of the Court or, if an appeal is brought within that period, until dismissal of that appeal; order the applicant to pay the costs. …
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    In support of his claims for annulment of Decision 2017/2282 and Implementing Decision 2018/569 (together, the contested decisions), the applicant raises four pleas in law, alleging: (i) infringement of the obligation to state reasons and of the right to be heard; (ii) an error of law and a manifest error of assessment; (iii) infringement of the right to respect for private and family life, the right to property and the principle of proportionality; and (iv) that Article 3(2)(b) of Decision 2010/788 and Article 2b(1)(b) of Regulation No 1183/2005 are unlawful.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    In the instant case, it should be noted that the purpose of Decision 2017/2282 is to ensure the continued inclusion of the applicant’s name on the list at issue, while retaining the grounds relied on by the Council in Implementing Decision 2017/905, which amended Decision 2010/788, when his name was initially included on the list. By Implementing Decision 2018/569, the Council updated the grounds for including the applicant’s name on the list at issue.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    It should also be observed that the statement of reasons adopted by the Council in Decision 2010/788, as amended by Decision 2017/2282, for the inclusion of the applicant’s name on the list at issue refers to his capacity as Governor of Kasai Central (Democratic Republic of the Congo) and to the involvement of the law enforcement authorities, in that province, in the disproportionate use of force, violent repression and extrajudicial killings from 2016. In that connection, the Council mentions the killing of militia members and civilians in Mwanza Lomba in February 2017 (see paragraph 18 above
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    The Council disputes those arguments, stating that Decision 2017/2282 is based on the same grounds as those justifying the initial inclusion of the applicant’s name on the list at issue, under Implementing Decision 2017/905. It follows that the Council was under no obligation to hear the applicant before adopting Decision 2017/2282. Furthermore, in its observations on the statement of modification, the Council submits that the arguments put forward by the applicant in the application cannot be transposed to the request for modification since, during the procedure leading to the adoption of Imp
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    Such a conclusion also applies in the case of Implementing Decision 2018/569. While it is true that, prior to the adoption of that decision, the Council informed the applicant of its intention to update the grounds for the inclusion of his name on the list at issue, it is not apparent from the file that, on the date of adoption of that decision, the applicant had been provided with the new evidence mentioned in the internal document of 23 October 2017, bearing the reference COREU CFSP/1492/17, and in the Council’s conclusions of 11 December 2017.
  • Judgment of the General Court (Ninth Chamber, Extended Composition) 12 February 2020 Judgment · Grade B
    It is to be noted that, as recalled in paragraph 8 above, Article 3(2)(b) of Decision 2010/788, as amended by Decision 2016/2231, provides that restrictive measures are to be imposed on persons and entities involved in planning, directing or committing acts that constitute serious human rights violations or abuses in [the Democratic Republic of the Congo]. That is the basis on which Implementing Decision 2017/905 initially included the applicant’s name on the list at issue, on the ground that, as Governor of Kasai Central, he was responsible for the disproportionate use of force, violent repre
  • Judgment of the General Court of 12 February 2020 — Mende Omalanga v Council (Case T-176/18) Notice · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in the Democratic Republic of the CongoFreezing of fundsRenewal of the listing of the applicant’s name on the list of persons concernedObligation to state reasonsRights of the defenceObligation for the Council to communicate the new elements justifying the renewal of the restrictive measuresError of lawManifest error of assessmentRight to propertyRight to respect for private and family lifeProportionalityPresumption of innocencePlea of illegalityModification of the forms of order sought2020/C 103/37Language o
  • Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 –Mende Omalanga v Council (Case T‑176/18) Judgment · Grade B
    Re: Action based on Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), of Council Implementing Decision (CFSP) 2018/569 of 12 April 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 95, p. 21), and of Council Implementing Regulation (EU) 2018/566 of 12 April 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specifi
  • Judgment of the General Court of 12 February 2020 — Kande Mupompa v Council (Case T-170/18) Notice · Grade B
    Common foreign and security policyRestrictive measures taken in view of the situation in the Democratic Republic of the CongoFreezing of fundsRenewal of the listing of the applicant’s name on the list of persons concernedObligation to state reasonsRights of the defenceObligation for the Council to communicate the new elements justifying the renewal of the restrictive measuresError of lawManifest error of assessmentRight to propertyRight to respect for private and family lifeProportionalityPresumption of innocencePlea of illegalityModification of the form of order sought2020/C 103/31Language of