# EUR-Lex - 52011PC0383 - EN

*|*

# 52011PC0383

**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 /* COM/2011/0383 final - NLE 2011/0168 */**

			*

			*

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 Common Position 2004/852/CFSP has since been replaced by Council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 2011/[...]/CFSP of [...] amends
Council Decision 2010/656/CFSP and modifies a derogation to the arms embargo,
in light of UNSCR 1980 (2011). It also provides for a specific derogation in
relation to the ban on internal repression equipment,
so as to allow support for security sector reform in Côte d’Ivoire.

(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).

2011/0168 (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
2011/[...]/CFSP of [...] amending Council Decision 2010/656/CFSP renewing
the restrictive measures against Côte d’Ivoire,

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[1]
renewing the restrictive measures against Côte d’Ivoire. Regulation (EC) No
174/2005[2]
gives effect to that Decision at Union level by imposing restrictions on the
supply of assistance related to military activities to Côte d’Ivoire.

(2)
Decision 2011/[...]/CFSP of [...] amends Decision
2010/656/CFSP in the light of United Nations Security Council Resolution 1980
(2011). It also provides for a specific derogation in relation to the ban on
the supply of internal repression equipement to Côte d’Ivoire.

(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.

(5)
In order to ensure that the measures provided
for in this Regulation are effective, this Regulation should enter into force
immediately,

HAS ADOPTED THIS REGULATION:

Article 1

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

(1)          Article 4(1) is replaced by the
following:

“1.     By way of derogation from Article 2,
the prohibitions referred to therein shall not apply to:

(a)     the provision of technical assistance,
financing and financial assistance related to arms and related materiel, where
such assistance or services are intended solely for support of and use by the
United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces who
support it;

(b)     the provision of technical assistance
related to non-lethal military equipment intended solely for humanitarian or
protective use, including such equipment intended for EU, UN, African Union and
Economic Community of West African States (ECOWAS) crisis management
operations, where such activities have also been approved in advance by the
Sanctions Committee;

(c)     the provision of financing or
financial assistance related to non-lethal military equipment intended solely
for humanitarian or protective use, including such equipment intended for EU,
UN, African Union and ECOWAS crisis management operations;

(d)     the provision of technical assistance
related to arms and related materiel intended solely for the support of or use
in the Ivorian process of Security Sector Reform, pursuant to a formal request
by the Ivorian Government, as approved in advance by the Sanctions Committee;

(e)     the provision of financing or
financial assistance related to arms and related materiel intended solely for
support of or use in the Ivorian process of Security Sector Reform, pursuant to
a formal request by the Ivorian Government;

(f)      the sales or supplies temporarily
transferred or exported to Côte d'Ivoire to the forces of a State which is
taking action, in accordance with international law, solely and directly to
facilitate the evacuation of its nationals and those for whom it has consular
responsibility in Côte d'Ivoire, where such activities have also been notified
in advance to the Sanctions Committee;

(g)     the provision of technical assistance,
financing or financial assistance related to non-lethal military equipment
intended solely to enable the Ivorian security forces to use only appropriate
and proportionate force while maintaining public order.”

(2)          Article 4a is replaced by
the following:

“Article 4a

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 or the provision of technical
assistance, financing or financial assistance related to such non-lethal
equipment, 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, as well as the provision of financing, financial assistance or
technical assistance related to such equipment

3.      The relevant Member
State shall inform other Member States and the Commission of any authorisation
made under this Article within two weeks of the authorisation.”

4.      No authorisations shall be granted for
activities that have already taken place.”

Article 2

This Regulation shall enter into force on
the day 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 285, 30.10.2010, p. 28.

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