4.5.2012 Official Journal of the European Union L 119/1 II (Non-legislative acts) REGULATIONS COUNCIL REGULATION (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau 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, Having regard to Council Decision 2012/237|CFSP of 3 May Fundamental Rights of the European Union and notably the right to an effective remedy, the right to a fair trial and the right to the protection of personal data. This Regulation should be applied in accordance with those rights and principles. 2012 concerning restrictive measures directed against certain (4)  The power to amend the list in Annex I to this Regu- persons, entities and bodies threatening the peace, security or lation should be exercised by the Council, in view of the stability of the Republic of Guinea-Bissau (), specific threat to international peace and security posed by the situation in Guinea-Bissau and in order to ensure consistency with the procedure for amending and Having regard to the joint proposal of the High Representative reviewing the Annex to Decision 2012/237/CFSP. of the Union for Foreign Affairs and Security Policy and of the European Commission, (5)  The procedure for amending the list in Annex I to this Whereas: Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for the listing so as to give them an opportunity to (1) Decision 2012/237|CFSP provides for the adoption of submit observations. Where observations are submitted, restrictive measures against certain persons, entities and or substantial new evidence is presented, the Council bodies who seek to prevent or block a peaceful political should review its decision in the light of those obser- process, or who take action that undermines stability in vations and inform the person, entity or body the Republic of Guinea-Bissau. This concerns in concerned accordingly. particular those who played a leading role in the mutiny of 1 April 2010 and the coup détat of 12 April 2012 and whose actions continue to be aimed at undermining the rule of law and the primacy (6)  For the implementation of this Regulation, and in order G) of civilian power. These measures include the freezing of funds and economic resources of the natural or legal persons, entities and bodies listed in the Annex to that Decision. These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, in particular with a view to ensuring their uniform appli- cation by economic operators in all Member States, regu- latory action at the level of the Union is necessary in order to implement them. This Regulation respects fundamental rights and observes principles recognised in particular by the Charter of (1) See page 43 of this Official Journal. ) ) 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 are to be frozen in accordance with this Regulation should be made public. Any processing of personal data should respect 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(?) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of indi- viduals with regard to the processing of personal data and on the free movement of such data (3). 8, 12.1.2001, p. 1. oJ L 0] L 281, 23.11.1995, p. 31.