2010D0656 — EN — 22.04.2015 — 016.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









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COUNCIL DECISION 2010/656/CFSP

of 29 October 2010

renewing the restrictive measures against Côte d’Ivoire







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Whereas: (1) On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d’Ivoire ( 1 ) in order to implement the measures imposed against Côte d’Ivoire by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1572 (2004). (2) On 23 January 2006, the Council adopted Common Position 2006/30/CFSP ( 2 ) renewing the restrictive measures imposed against Côte d’Ivoire for a further period of 12 months and supplementing them with the restrictive measures imposed by point 6 of UNSCR 1643 (2005). (3) Following the renewal of the restrictive measures against Côte d’Ivoire by UNSCR 1842 (2008), on 18 November 2008, the Council adopted Common Position 2008/873/CFSP ( 3 ) further renewing the restrictive measures imposed against Côte d’Ivoire, with effect from 1 November 2008. (4) On 15 October 2010, the United Nations Security Council adopted UNSCR 1946 (2010) which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004) and point 6 of UNSCR 1643 (2005) until 30 April 2011 and which amended the restrictive measures on arms. (5) The restrictive measures imposed against Côte d’Ivoire should therefore be renewed. In addition to the exemptions to the arms embargo provided for in UNSCR 1946 (2010), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union. (6) Union implementing measures are set out in Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire ( 4 ), Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire ( 5 ) and Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds ( 6 ), Whereas: HAS ADOPTED THIS DECISION:







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Article 1

The sale, supply, transfer or export of arms and related lethal materiel, as well as equipment which might be used for internal repression, to Côte d'Ivoire by nationals of Member States or from the territories of Member States or using the flag vessels or aircraft of Member States, shall be prohibited, regardless of whether such arms, related materiel and equipment originate in the territories of the Member States.

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Article 1a

Article 1 shall not apply to the sale, supply, transfer or export of certain equipment which might be used for internal repression where the equipment is solely for civilian use in mining or infrastructure projects, subject to authorisation on a case by case basis by the competent authorities of the exporting Member State.

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Article 2

1. Article 1 shall not apply to:

(a) supplies intended solely for the support of or use by the United Nations Operation in Côte d'Ivoire (UNOCI) and the French forces who support them, and supplies transiting through Côte d'Ivoire intended for the support of or use by United Nations Peacekeeping operations;

(b) the following, as notified in advance to the Committee established by paragraph 14 of UNSCR 1572 (2004) (‘Sanctions Committee’): (i) supplies temporarily 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; (ii) supplies of arms and related lethal materiel to the Ivorian security forces, intended solely for the support of, or use in, the Ivorian process of security sector reform, with the exception of those arms and related lethal materiel as set out in Annex III to this Decision, which must be approved in advance by the Sanctions Committee;

(c) supplies of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order;

(d) supplies of equipment capable of being used for internal repression to the Ivorian security forces, intended solely for support of, or use in, the Ivorian process of security sector reform.

2. Primary responsibility for notification or requests for approval to the Sanctions Committee, in advance of the shipment of any supplies of arms and related lethal materiel to the Ivorian security forces as referred to in point (b)(ii) of paragraph 1, rests with the Government of Côte d'Ivoire. In the alternative, a Member State delivering assistance may make this notification or approval request after informing the Government of Côte d'Ivoire of its intention to do so.

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Article 4

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

(a) the persons referred to in Annex I and designated by the Sanctions Committee, who constitute a threat to the peace and national reconciliation process in Côte d'Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire on the basis of relevant information, any other person who publicly incites hatred and violence and any other person determined by the Sanctions Committee to be in violation of the measures imposed by paragraph 7 of UNSCR 1572(2004);

(b) the persons referred to in Annex II who are not included in the list in Annex I and who are obstructing the process of peace and national reconciliation, and in particular who are jeopardising the proper outcome of the electoral process.

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

3. Paragraph 1(a) shall not apply where the Sanctions Committee determines that:

(a) travel is justified on the grounds of urgent humanitarian need, including religious obligations;

(b) an exemption would further the objectives of the UNSC Resolutions for peace and national reconciliation in Côte d'Ivoire and stability in the region.

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

(i) as a host country to an international intergovernmental organisation;

(ii) as a host country to an international conference convened by, or under the auspices of, the UN;

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

(iv) under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

5. Paragraph 4 shall be considered as applying also in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).

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

7. Member States may grant exemptions from the measures imposed under paragraph 1(b) where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, or hosted by a Member State holding the Chairmanship-in-office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Côte d'Ivoire.

8. A Member State wishing to grant exemptions referred to in paragraph 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 Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

9. In cases where, pursuant to paragraphs 4, 5 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annexes I or II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

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Article 5

1. All funds and economic resources owned or controlled directly or indirectly by:

(a) the persons referred to in Annex I designated by the Sanctions Committee and referred to in Article 4(1)(a), or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction, as designated by the Sanctions Committee;

(b) the persons or entities referred to in Annex II who are not included in the list in Annex I and who are obstructing the process of peace and national reconciliation, and in particular who are jeopardising the proper outcome of the electoral process, or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction,

shall be frozen.

2. No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of persons or entities referred to in paragraph 1.

3. Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

(a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources;

(d) necessary for extraordinary expenses;

(e) the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee or by the Council of the person or entity concerned, and is not for the benefit of a person or entity referred to in this Article.

With regard to persons and entities listed in Annex I:

— the exemptions referred to in points (a), (b) and (c) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee of its intention to authorise, where appropriate and in the absence of a negative decision by the Sanctions Committee within two working days of such notification, access to such funds and economic resources;

— the exemption referred to in point (d) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee and approval by the latter;

— the exemption referred to in point (e) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee.

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3a. With regard to persons and entities listed in Annex II, Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are necessary for humanitarian purposes after notification in advance to the other Member States and to the Commission.

3b. Paragraph 1(b) shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1(b).

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4. Paragraph 2 shall not apply to the addition to frozen accounts of:

(a) interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures under Common Position 2004/852/CFSP or this Decision,

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.

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Article 5a

It shall be prohibited:

(a) to purchase, broker or assist in the issue of bonds or securities issued or guaranteed after 6 April 2011 by the illegitimate government of Mr Laurent GBAGBO, as well as by persons or entities acting on its behalf or under its authority, or by entities owned or controlled by it. By way of exception, financial institutions shall be authorised to purchase such bonds or securities of corresponding value to bonds and securities already held by them and which are due to mature;

(b) to provide loans, in any form, to the illegitimate government of Mr Laurent GBAGBO, as well as to persons or entities acting on its behalf or under its authority, or by entities that it owns or controls.

The purchase, brokering and assistance in the issue of bonds and securities and the provision of loans referred to in points (a) and (b) shall not give rise to any liability of any kind on the part of natural and legal persons, entities and bodies concerned if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibitions in question.

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Article 6

1. The Council shall establish the list in Annex I and amend it in accordance with determinations made by either the United Nations Security Council or the Sanctions Committee.

2. The Council, acting on a proposal from a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the list in Annex II.

Article 7

1. Where the Security Council or the Sanctions Committee designates a person or entity, the Council shall include such person or entity in the list in Annex I.

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2. Where the Council decides to subject a person or entity to the measures referred to in Articles 4(1)(b) and 5(1)(b), it shall amend Annex II accordingly.

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3. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.

4. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.

Article 8

1. Annexes I and II shall include the grounds for listing the persons and entities as provided by the Security Council or by the Sanctions Committee in the case of Annex I.

2. Annexes I and II shall also contain, where available, the information necessary to identify the persons or entities concerned which is provided by the Security Council or by the Sanctions Committee in the case of Annex I. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.

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Article 9

Common Positions 2004/852/CFSP and 2006/30/CFSP are hereby repealed.

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Article 9a

In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.

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Article 10

1. This Decision shall enter into force on the date of its adoption.

2. It shall be reviewed, amended or repealed as appropriate, in accordance with relevant decisions of the United Nations Security Council.

3. The measures referred to in Article 4(1)(b) and 5(1)(b) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply to the persons or entities concerned if the Council establishes, in accordance with the procedure in Article 6(2), that the conditions necessary for their application are no longer met.

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4. The measures referred to in Article 5(2), as far as ports listed in Annex II are concerned, shall be reviewed no later than 1 June 2011.

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ANNEX I

List of persons referred to in Article 4(1)(a) and Article 5(1)(a)

1. Name: CHARLES BLÉ GOUDÉ

Title: n/a, Designation: n/a, DOB: 1.1.1972, POB: (a) Guibéroua, Gagnoa, Côte d'Ivoire, (b) Niagbrahio/Guiberoua, Côte d'Ivoire, (c) Guiberoua, Côte d'Ivoire, Good quality a.k.a.: (a) Génie de kpo, (b) Gbapé Zadi, Low quality a.k.a.: Général, Nationality: Ivorian, Passport No: (a) 04LE66241, issued on 10.11.2005, issued in Côte d'Ivoire (Expiration date: 9.11.2008), (b) AE/088 DH 12, issued on 20.12.2002, issued in Côte d'Ivoire (Expiration date: 11.12.2005), (c) 98LC39292, issued in Côte d'Ivoire (Expiration date: 23.11.2003), National identification no.: n/a, Address: (a) Yopougon Selmer, Bloc P 170, Abidjan, Côte d'Ivoire, (b) c/o Hotel Ivoire, Abidjan, Côte d'Ivoire, (c) Cocody (suburb), Abidjan, Côte d'Ivoire (Address declared in travel document n. C2310421 issued by Switzerland on 15.11.2005 and valid until 31.12.2005), Listed on: 7.2.2006.

Other information

Narrative summary of reasons for listing: Leader of COJEP (‘Young Patriots’), repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; intimidation of the United Nations, the International Working Group (IWG), the political opposition and independent press; sabotage of international radio stations; obstacle to the action of the IWG, the United Nations Operation in Côte d'Ivoire, (UNOCI), the French Forces and to the peace process as defined by Resolution 1643 (2005).

3. Name: EUGÈNE N'GORAN KOUADIO DJUÉ

Title: n/a, Designation: n/a, DOB: (a) 1.1.1966, (b) 20.12.1969, POB: Côte d'Ivoire, Good quality a.k.a.: n/a, Low quality a.k.a.: n/a, Nationality: Ivorian, Passport No: 04 LE 017521, issued on 10.2.2005 (Expiration date: 10.2.2008), National identification No: n/a, Address: n/a, Listed on: 7.2.2006.

Other information:

Narrative summary of reasons for listing: Leader of the Union des Patriotes pour la Libération Totale de la Côte d'Ivoire (UPLTCI). Repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; obstacle to the action of IWG, UNOCI, the French forces and to the peace process as defined by Resolution 1643 (2005).

4. Name: MARTIN KOUAKOU FOFIÉ

Title: n/a, Designation: n/a, DOB: 1.1.1968, POB: BOHI, Côte d'Ivoire, Good quality a.k.a.: n/a, Low quality a.k.a.: n/a, Nationality: Ivorian, Passport No: n/a, National identification No: (a) 2096927, issued on 17.3.2005, issued in Burkina Faso, (b) CNB N.076, issued on 17.2.2003, issued in Burkina Faso (Burkina Faso Nationality Certificate), (c) 970860100249, issued on 5.8.1997, issued in Côte d'Ivoire (Expiration date: 5.8.2007), Address: n/a, Listed on: 7.2.2006.

Other information

Father's Name: Yao Koffi FOFIE. Mother's Name: Ama Krouama KOSSONOU.

Narrative summary of reasons for listing: Chief Corporal New Force Commandant, Korhogo Sector. Forces under his command engaged in recruitment of child soldiers, abductions, imposition of forced labour, sexual abuse of women, arbitrary arrests and extra-judicial killings, contrary to human rights conventions and to international humanitarian law; obstacle to the action of the IWG, UNOCI, French Forces and to the peace process as defined by Resolution 1643 (2005).

5. Name: LAURENT GBAGBO

Title: n/a, Designation: n/a, DOB: 31.5.1945, POB: Gagnoa, Côte d'Ivoire, Good quality a.k.a.: n/a, Low quality a.k.a.: n/a, Nationality: Ivorian, Passport No: n/a, National identification No: n/a, Address: n/a, Listed on: 30.3.2011.

Other information:

Narrative summary of reasons for listing: Former President of Côte d'Ivoire: obstruction of the peace and reconciliation process, rejection of the results of the presidential election.

6. Name: SIMONE GBAGBO

Title: n/a, Designation: n/a, DOB: 20.6.1949, POB: Moossou, Grand-Bassam, Côte d'Ivoire, Good quality a.k.a.: n/a, Low quality a.k.a.: n/a, Nationality: Ivorian, Passport No: n/a, National identification No: n/a, Address: n/a, Listed on: 30.3.2011.

Other information:

Narrative summary of reasons for listing: Chairperson of the Parliamentary Group of the Ivorian Popular Front (FPI): obstruction of the peace and reconciliation process, public incitement to hatred and violence.

8. Name: DÉSIRÉ TAGRO

Title: n/a, Designation: n/a, DOB: 27.1.1959, POB: Issia, Côte d'Ivoire, Good quality a.k.a.: n/a, Low quality a.k.a.: n/a, Nationality: Ivorian, Passport No: AE 065FH08, National identification No: n/a, Address: n/a, Listed on: 30.3.2011.

Other information:

Deceased on 12.4.2011 in Abidjan.

Narrative summary of reasons for listing: Secretary-General of the so-called ‘presidency’ of Mr Gbagbo: participation in the illegitimate government of Mr Gbagbo, obstruction of the peace and reconciliation process, rejection of the results of the presidential election, participation in violent repressions of popular movements.

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ANNEX II







List of persons referred to in Article 4(1)(b) and Article 5(1)(b) Name (and any aliases) Identifying information Grounds for designation 1. Kadet Bertin Born 1957 in Mama Special Adviser to Laurent Gbagbo on matters of security, defence and military equipment, and formerly Laurent Gbagbo’s Minister for Defence. Nephew of Laurent Gbagbo. Exiled in Ghana. Subject of an international arrest warrant. Actively involved in incidents of abuse and forced disappearances, and in the funding and arming of the militia and of the ‘Young Patriots’ (COJEP). Involved in the funding and trafficking of arms and in the circumvention of the embargo. He was close to western militia and liaised on Gbagbo’s behalf with these groups. Involved in setting up the ‘LIMA force’ death squads. During his exile in Ghana, he has continued to plot ways to regain power by force. He is calling for Gbagbo’s immediate release. Because of his financial resources, his familiarity with illegal arms traffickers and his ongoing ties with active militia groups, especially in Liberia, Kadet Bertin poses a very real threat to the security and stability of Côte d’Ivoire. ▼M14 ————— ▼M12 3. Pastor Gammi Head of the Ivorian Movement for the Liberation of Western Côte d’Ivoire (MILOCI), established in 2004. As Head of the pro-Gbagbo MILOCI militia, he was involved in many massacres and much brutality. Has fled to Ghana (is probably in Takoradi). Subject of an international arrest warrant. Since his exile, he has joined the International Coalition for the Liberation of Côte d’Ivoire (CILCI) which advocates the use of armed resistance to have Gbagbo returned to power. ▼M18 ————— ▼M12 5. ►M14 Justin Koné Katinan ◄ Has fled to Ghana. Subject of an international arrest warrant. Involved in the Central Bank of West African States (BCEAO) hold-up. From his place of exile, he still sees himself as Gbagbo’s spokesperson. In a press release on 12 December 2011, he argued that Ouattara had never won the election and asserted that the new regime was illegitimate. He calls for resistance, and believes Gbagbo will return to power. 6. Ahoua Don Mello Born 23 June 1958 in Bongouanou Passport number: PD-AE/044GN02 (due to expire on 23 February 2013) Spokesperson of Laurent Gbagbo. Former Minister for Infrastructure and Sanitation in the illegitimate government. Exiled in Ghana. Subject of an international arrest warrant. From exile, he has continuously stated that the election of President Ouattara was fraudulent and does not recognise his authority. He has refused to respond to the Ivorian Government’s call for reconciliation and has made regular calls in the press for uprisings, carrying out ‘mobilisation’ tours in the refugee camps in Ghana. In December 2011, he declared that Côte d’Ivoire was a ‘tribal state under siege’ and that ‘the days of the Ouattara regime’ were ‘numbered’. 7. Moussa Touré Zéguen Born 9 September 1944 Old passport: AE/46CR05 Head of the Group of Patriots for Peace (GPP). Founder of the ‘International Coalition for the Liberation of Côte d’Ivoire’ (CILCI). Became a militia leader in 2002 and has led the GPP since 2003. Under his command the GPP has become Gbagbo’s armed wing in Abidjan and the south of the country. Responsible, with the GPP, for numerous acts of violence mainly against populations from the north of the country and opponents of the former regime. Personally involved in post-election violence (particularly in the Abobo and Adjamé districts). Whilst exiled in Accra, Touré Zéguen founded the ‘International Coalition for the Liberation of Côte d’Ivoire’, whose aim is to return Gbagbo to power. From his place of exile he has made repeated inflammatory statements (for example at the press conference on 9 December 2011), maintaining a stance of conflict and armed revenge. He regards Côte d’Ivoire under Ouattara as illegitimate and ‘re-colonised’ and has issued a ‘call on Ivorians to drive out the impostors’ (Jeune Afrique, July 2011). Keeps a blog calling for a violent uprising of the Ivorian people against Ouattara.

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ANNEX III

List of arms and related lethal materiel referred to in Article 2(1)(b)(ii):

1. Weapons, direct and indirect fire artillery, and guns with a calibre bigger than 12,7 mm, their ammunition and components.

2. Rocket propelled grenades, rockets, light anti-tank weapons, rifle grenades and grenade-launchers.

3. Surface-to-air missiles, including man portable air defence systems (Manpads); surface-to-surface missiles; and air-to-surface missiles.

4. Mortars with a calibre bigger than 82 mm.

5. Guided anti-tank weapons, especially guided anti-tank missiles, their ammunition and components.

6. Armed aircraft, including rotary wing or fixed wing.

7. Military armed vehicles or military vehicles equipped with weapon mounts.

8. Explosive charges and devices containing explosive materials, designed for military purpose, mines and related materiel.

9. Night observation and night shooting devices.