# EUR-Lex - 52012JC0015 - EN

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# 52012JC0015

**Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire /* JOIN/2012/015 final - 2012/0128 (NLE) */**

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EXPLANATORY MEMORANDUM

(1)
On the basis of Common Position 2004/852/CFSP,
Council Regulation (EC) No 174/2005, as amended, introduced a ban on the supply
of technical and financial assistance relating to military activities to Côte
d’Ivoire, in order to implement United Nations Security Council Resolution 1572
(2004). It also provided for a ban on the export of internal repression
equipment to Côte d’Ivoire, as well as related technical and financial
assistance. Common Position 2004/852/CFSP has since been replaced by Council
Decision 2010/656/CFSP.

(2)
Council Decision 2012/[...]/CFSP of [...] amends
Council Decision 2010/656/CFSP as regards the scope of the arms embargo in
light of UNSCR 2045 (2012).

(3)
The High Representative of the EU for Foreign
Affairs and Security Policy and the Commission propose to give effect to these
measures by means of a Regulation based on Article 215 of the Treaty on the
Functioning of the European Union (TFEU).

2012/0128 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No
174/2005 imposing restrictions on the supply of assistance related to military
activities to Côte d’Ivoire

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision 2012/[...]/CFSP
of [...] amending Council Decision 2010/656/CFSP renewing the restrictive
measures against Côte d’Ivoire[1],

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

Whereas:

(1)       On 29 October 2010, the
Council adopted Decision 2010/656/CFSP[2]
renewing the restrictive measures against Côte d’Ivoire and repealing Common
Position 2004/852/CFSP[3].
Regulation (EC) No 174/2005[4],
adopted to give effect to Common Position 2004/852/CFSP, gives effect to
Decision 2010/656/CFSP at Union level by imposing restrictions on the supply of
assistance related to military activities to Côte d’Ivoire.

(2)       Decision 2012/[...]/CFSP of [...]
amends the scope of Decision 2010/656/CFSP in the light of United Nations
Security Council Resolution 2045 (2012) removing the restrictions on the supply
of technical and financial assistance related to military activities. It also
removes the restrictions on the supply of technical and financial assistance
related to internal repression equipment.

(3)       Those measures fall within
the scope of the Treaty on the Functioning of the European Union and,
therefore, notably with a view to ensuring their uniform application by
economic operators in all Member States, regulatory action at the level of the
Union is necessary in order to implement them.

(4)       Regulation (EC) No
174/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 174/2005 is amended as
follows:

(1)
Article 1 is replaced by the following:

"For the purposes of this Regulation,
‘Sanctions Committee’ shall mean the Committee of the Security Council of the
United Nations which was established pursuant to paragraph 14 of UN Security
Council Resolution (UNSCR) 1572 (2004)."

(2)
Article 2 is repealed.

(3)
Article 3 is replaced by the following:

“It shall be prohibited:

(a) to sell, supply, transfer or export,
directly or indirectly, equipment which might be used for internal repression
as listed in Annex I, whether or not originating in the Community, to any
person, entity or body in, or for use in, Côte d'Ivoire;

(b) to participate, knowingly and
intentionally, in activities the object or effect of which is, directly or
indirectly, to promote the transactions referred to in point (a) of this
article."

(4)
Article 4 is repealed.

(5)
Article 4a, paragraphs 1 and 2 are replaced by
the following:

"1. By way of derogation from Article 3,
the competent authority, as listed in Annex II, of the Member State where the
exporter or service provider is established, may authorise, under such
conditions as it deems appropriate, the sale, supply, transfer or export of
non-lethal equipment listed in Annex I, after having determined that the
non-lethal equipment concerned is intended solely to enable the Ivorian
security forces to use only appropriate and proportionate force while
maintaining public order.

2. By way of derogation from Article 3, the
competent authority, as listed in Annex II, of the Member State where the
exporter or service provider is established, may authorise, under such
conditions as it deems appropriate, the sale, supply, transfer or export of
equipment which might be used for internal repression as listed in Annex I,
which is intended solely for the support of the Ivorian process of Security
Sector Reform."

Article 2

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

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For
the Council

The
President

[1]               OJ L

[2]               OJ L 285, 30.10.2010, p. 28.

[3]               OJ L 368, 15.12.2004, p. 50.

[4]               OJ L 29, 2.2.2005, p. 5.