2.8.2011 Official Journal of the European Union L 1991 II (Non-legislative acts) REGULATIONS COUNCIL REGULATION (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(2) thereof, 1988 (2011), or prior to the adoption of that Resolution, by the Committee established by UNSC Resolutions 1267 (1999) and 1333 (2000). (3)  Some of those measures fall within the scope of the Treaty on the Functioning of the European Union (TFEU) and regulatory action at the level of the Union is therefore necessary in order to implement them, in Having regard to Council Decision 2011/486/CFSP of 1 August particular with a view to ensuring their uniform appli- 2011 concerning restrictive measures directed against certain cation by economic operators in all Member States. individuals, groups, undertakings and entities in view of the situation in Afghanistan (), adopted in accordance with Chapter 2 of Tidle V" of the Treaty on European Union, (4)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union ) o ) and notably the right to an effective remedy and to a fair Having regard to the joint Proposall from the H{gh Represen- trial and the right to the protection of personal data. This tative of the Union for Foreign Affairs and Security Policy and Regulation should be applied in accordance with those the European Commission, rights. Whereas: (5)  This Regulation also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of the UNSC Resolutions. (1)  On 17 June 2011, the United Nations Security Council (UNSC), acting under Chapter VII of the Charter of the (6)  The power to amend the list in Annex I to this Regu- United Nations, adopted Resolution 1988 (2011) lation should be exercised by the Council, in view of the concerning the situation in Afghanistan which still specific threat to international peace and security posed constitutes a threat to international peace and security. by the situation in Afghanistan, and to ensure consistency with the process for amending and reviewing the Annex to Decision 2011/486/CFSP. (20 On 1 August 2011, the Council of the European Union adopted Decision 2011/486/CFSP which provides for the (7)  The procedure for amending the list in Annex I to this freezing of funds and economic resources of, restrictions on the admission to the Union of, prohibition on the direct and indirect supply, sale or transfer, of weapons and military equipment to, and prohibition on the provision of related assistance and services to, indi- viduals, groups, undertakings and entities listed either by the Committee established by UNSC Resolution (") See page 57 of this Official Journal. Regulation should include providing designated natural or legal persons, groups, undertakings and entities with the grounds for listing, so as to give them an opportunity to submit observations. Where observations are submitted by any designated person, group, undertaking or entity, or substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person, group, undertaking or entity concerned accordingly.