Article 1 · Council Decision (CFSP) 2024/385

Contents

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1.Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons:

(a)supporting, materially or financially, Hamas, the Palestinian Islamic Jihad (‘PIJ’), any other affiliated group or any cell, affiliate, splinter group or derivative thereof;

(b)participating in the financing of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;

(c)participating in the planning, preparation or enabling of violent actions by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;

(d)supplying, selling or transferring arms and related materiel to Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;

(e)supporting, materially or financially, or implementing actions which undermine or threaten the stability or security of Israel, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;

(f)being involved or complicit in ordering or committing serious violations of international humanitarian law or human rights law on behalf or in the name of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivate thereof;

(g)inciting or publicly provoking acts of serious violence by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;

(h)providing support to natural or legal persons, groups, entities or bodies engaged in activities referred to in points (a) to (g);

as listed in the Annex.

1a.Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons who are members of the Political Bureau of Hamas (‘Politburo’), as listed in the Annex.

1b.Members of the Politburo shall not be included or retained on the list of persons and entities in the Annex if there is sufficient information to show that they do not exercise influence over violent actions conducted by Hamas.

2.Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a)as a host country of an international intergovernmental organisation;

(b)as a host country to an international conference convened by, or under the auspices of, the United Nations;

(c)under a multilateral agreement conferring privileges and immunities; or

(d)pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.

4.Paragraph 3 shall also apply in cases where a Member State is the host country of the Organization for Security and Co-operation in Europe (OSCE).

5.The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 3 or 4.

6.Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings or meetings promoted or hosted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures.

7.Member States may also grant exemptions from the measures imposed under paragraph 1 where entry or transit is necessary for the fulfilment of a judicial process.

8.A Member State wishing to grant exemptions referred to in paragraph 6 or 7 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

9.Where, pursuant to paragraph 3, 4, 6, 7 or 8, a Member State authorises the entry into, or transit through, its territory of natural persons listed in the Annex, the authorisation shall be strictly limited to the purpose for which it is given and to the natural persons directly concerned thereby.

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