ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 144/54

COUNCIL COMMON POSITION 2005/427/CFSP

of 6 June 2005

updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2005/220/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 15 and 34 thereof,

Whereas:

(1) On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

(2) On 14 March 2005, the Council adopted Common Position 2005/220/CFSP updating Common Position 2001/931/CFSP.

(3) Common Position 2001/931/CFSP provides for a review at regular intervals.

(4) Following the Decision of 2 May 2005 of the United Nations Security Council Sanctions Committee established pursuant to Resolution 1267 (1999), it has been decided to update the Annex to Common Position 2001/931/CFSP and to repeal Common Position 2005/220/CFSP.

(5) A list has been elaborated in compliance with the criteria laid down in Article 1(4) of Common Position 2001/931/CFSP,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The list of persons, groups and entities to which Common Position 2001/931/CFSP applies is contained in the Annex hereto.

Article 2

Common Position 2005/220/CFSP is hereby repealed.

Article 3

This Common Position shall take effect on the date of its adoption.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 6 June 2005. For the Council The President J. KRECKÉ

(1) OJ L 344, 28.12.2001, p. 93. Common Position as last amended by Common Position 2005/220/CFSP (OJ L 69, 16.3.2005, p. 59).
EN Official Journal of the European Union L 29/49

COUNCIL COMMON POSITION 2005/82/CFSP

of 31 January 2005

repealing Common Positions 2002/401/CFSP on Nigeria, 2002/495/CFSP on Angola, 2002/830/CFSP on Rwanda and 2003/319/CFSP on the Lusaka Ceasefire agreement and the peace process in the Democratic Republic of Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) The Council adopted conclusions concerning the EU policy towards Nigeria on 17 May 2003, towards Angola on 13 October 2003, towards Rwanda on 8 December 2003 and towards the African Great Lakes Region on 14 June 2004. These conclusions set out the broader EU policy with regard to these countries and that region.

(2) Consequently, the Common Positions adopted by the Council with regard to these countries and that region which do not define common basic principles valid for a longer period of time and are not required as a legal basis for the implementation of EU policy, should be repealed,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Positions 2002/401/CFSP (1) on Nigeria, 2002/495/CFSP (2) on Angola, 2002/830/CFSP (3) on Rwanda and 2003/319/CFSP (4) on the Lusaka Ceasefire agreement and the peace process in the Democratic Republic of Congo, are hereby repealed.

Article 2

This Common Position shall take effect on the day of its publication.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 31 January 2005. For the Council The President J. ASSELBORN

(1) OJ L 139, 29.5.2002, p. 1.

(2) OJ L 167, 26.6.2002, p. 9.

(3) OJ L 285, 23.10.2002, p. 3.

(4) OJ L 115, 9.5.2003, p. 87.
EN Official Journal of the European Union L 19/36

COUNCIL COMMON POSITION 2006/30/CFSP

of 23 January 2006

renewing and supplementing the restrictive measures imposed against Côte d'Ivoire

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 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 the United Nations Security Council Resolution (UNSCR) 1572(2004). In accordance with that Resolution, these measures applied until 15 December 2005.

(2) In the light of the recent developments in Côte d'Ivoire, the UN Security Council on 15 December 2005 adopted Resolution 1643(2005) renewing the restrictive measures imposed by UNSCR 1572(2004) for a further period of 12 months.

(3) The measures imposed by Common Position 2004/852/CFSP should therefore be renewed for a further period of 12 months with effect from 16 December 2005, in order to give effect to UNSCR 1643(2005).

(4) In addition to these measures, paragraph 6 of UNSCR 1643(2005) requires that measures be taken to prevent the import of all rough diamonds from Côte d'Ivoire. The Community is already applying these measures by virtue of Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process Certification Scheme for the international trade in rough diamonds (2),

HAS ADOPTED THIS COMMON POSITION:

Article 1

The measures imposed by Common Position 2004/852/CFSP shall be applied for a further period of 12 months, unless the Council decides otherwise in accordance with any future relevant UN Security Council Resolution.

Article 2

In addition to the measures referred to in Article 1, the direct or indirect import of all rough diamonds from Côte d'Ivoire to the Community, whether or not such diamonds originated in Côte d'Ivoire, shall be prohibited in accordance with UNSCR 1643(2005).

Article 3

This Common Position shall take effect on the date of its adoption.

It shall be applicable from 16 December 2005 until 15 December 2006.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 23 January 2006. For the Council The President J. PRÖLL

(1) OJ L 368, 15.12.2004, p. 50.

(2) OJ L 358, 31.12.2002, p. 28. Regulation as last amended by Commission Regulation (EC) No 1574/2005 (OJ L 253, 29.9.2005, p. 11).
EN Official Journal of the European Union L 275/66

COUNCIL COMMON POSITION 2006/671/CFSP

of 5 October 2006

extending the validity of Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) On 11 October 2004, the Council adopted Common Position 2004/694/CFSP (1) on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY), in order to freeze all funds and economic resources belonging to all persons publicly indicted by the ICTY for war crimes who are not in custody of the Tribunal.

(2) Common Position 2004/694/CFSP applies until 10 October 2006.

(3) The Council considers it necessary to extend the validity of Common Position 2004/694/CFSP for another 12 months.

(4) Action by the Community is needed in order to implement these measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The validity of Common Position 2004/694/CFSP is hereby extended until 10 October 2007.

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 5 October 2006. For the Council The President K. RAJAMÄKI

(1) OJ L 315, 14.10.2004, p. 52. Common Position as last amended by Council Decision 2006/484/CFSP (OJ L 189, 12.7.2006, p. 25).
EN Official Journal of the European Union L 41/19

COUNCIL COMMON POSITION 2007/94/CFSP

of 12 February 2007

amending Common Position 2002/960/CFSP concerning restrictive measures against Somalia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) On 10 December 2002, the Council adopted Common Position 2002/960/CFSP concerning restrictive measures against Somalia (1), following United Nations Security Council Resolutions (UNSCR) 733 (1992), 1356 (2001) and 1425 (2002), relating to an arms embargo against Somalia.

(2) On 6 December 2006, the United Nations Security Council adopted UNSCR 1725 (2006) introducing an additional exemption to the restrictive measures imposed by paragraph 5 of UNSCR 733 (1992) and further elaborated in paragraphs 1 and 2 of UNSCR 1425 (2002) for supplies of weapons and military equipment and technical training and assistance intended solely for the support of or use by the mission as stipulated in paragraph 3 of UNSCR 1725 (2006).

(3) The measures imposed by Common Position 2002/960/CFSP should therefore be modified in order to give effect to UNSCR 1725 (2006).

(4) Action by the Community is needed in order to implement certain measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Article 1(3) of Common Position 2002/960/CFSP shall be replaced by the following:

‘3. Paragraphs 1 and 2 shall not apply to: (a) the supply or sale of arms and related material of all types and to the direct or indirect supply of technical advice, financial and other assistance and training related to military activities intended solely for the support of or use by the mission as stipulated in paragraph 3 of UNSCR 1725 (2006); (b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, or of material intended for institution building programmes of the Union, Community or Member States, including in the field of security, carried out within the framework of the Peace and Reconciliation Process, as approved in advance by the Committee established by paragraph 11 of UNSCR 751 (1992), nor shall they apply to protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.’

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 12 February 2007. For the Council The President F.-W. STEINMEIER

(1) OJ L 334, 11.12.2002, p. 1.
EN Official Journal of the European Union L 169/69

COUNCIL COMMON POSITION 2007/448/CFSP

of 28 June 2007

updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Positions 2006/380/CFSP and 2006/1011/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 15 and 34 thereof,

Whereas:

(1) On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

(2) On 29 May 2006, the Council adopted Common Position 2006/380/CFSP updating Common Position 2001/931/CFSP (2).

(3) On 21 December 2006, the Council adopted Common Position 2006/1011/CFSP implementing Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (3), adding certain other persons, groups and entities to the list to which Common Position 2001/931/CFSP applies.

(4) The Council has carried out a complete review of the list of persons, groups and entities to which Common Positions 2006/380/CFSP and 2006/1011/CFSP apply, in accordance with Article 1(6) of Common Position 2001/931/CFSP.

(5) Following this review, the Council has concluded that the persons, groups and entities listed in the Annex to this Common Position have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

(6) The Council has also determined that another group has been involved in terrorist acts within the meaning of Common Position 2001/931/CFSP and that this group should therefore be added to the list set out below of persons, groups and entities to which that Common Position applies.

(7) The Council has determined that certain other groups no longer fulfil the criteria set out in Common Position 2001/931/CFSP and that they should be removed from the list of persons, groups and entities to which that Common Position applies.

(8) The list of the persons, groups and entities to which Common Position 2001/931/CFSP applies should be updated accordingly,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The list of persons, groups and entities to which Common Position 2001/931/CFSP applies is contained in the Annex hereto.

Article 2

Common Positions 2006/380/CFSP and 2006/1011/CFSP are hereby repealed.

Article 3

This Common Position shall take effect on the date of its adoption.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 28 June 2007. For the Council The President S. GABRIEL

(1) OJ L 344, 28.12.2001, p. 93.

(2) OJ L 144, 31.5.2006, p. 25.

(3) OJ L 379, 28.12.2006, p. 129.
EN Official Journal of the European Union L 128/50

COUNCIL COMMON POSITION 2007/338/CFSP

of 14 May 2007

renewing certain restrictive measures against Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) On 14 November 2005, the Council adopted Common Position 2005/792/CFSP concerning restrictive measures against Uzbekistan (1) in response to the excessive, disproportionate and indiscriminate use of force by the Uzbek security forces during events in Andijan in May 2005. Certain restrictive measures were renewed by Common Position 2006/787/CFSP of 13 November 2006 (2).

(2) In the light of an evaluation of the situation in Uzbekistan, the Council has decided to renew the restrictive measures on admission in respect of specific persons for a period of six months. During this period, the Council will review the measures in the light of any significant changes to the current situation, in particular with regard to the elements described in recital 7 of Common Position 2005/792/CFSP,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The measures set out in Article 3 of Common Position 2005/792/CFSP are hereby extended for a period of six months. They apply to the individuals listed in the Annex to this Common Position, who are directly responsible for the indiscriminate and disproportionate use of force in Andijan and the obstruction of an independent inquiry.

Article 2

This Common Position shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

Article 3

This Common Position shall take effect on the date of its adoption.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 14 May 2007. For the Council The President F.-W. STEINMEIER

(1) OJ L 299, 16.11.2005, p. 72.

(2) OJ L 318, 17.11.2006, p. 43.
4.

Article 5 shall be replaced by the following: ‘Article 5 Chain of Command 1. EUPT Kosovo shall have a unified chain of command. 2. Under the responsibility of the Council, the PSC shall exercise political control and strategic direction of EUPT Kosovo. 3. The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the SG/HR, shall be the commander of EUPT Kosovo at strategic level and, as such, shall issue instructions to the Head of EUPT Kosovo and provide him with advice and technical support. Following the establishment of the EU crisis management operation in Kosovo and before the launch of the operational phase of the mission, the Civilian Operation Commander shall issue instructions to the Head of EUPT Kosovo through the Head of the EU crisis management operation in Kosovo once the latter has been appointed. 4. The Civilian Operation Commander shall report to the Council through the SG/HR. 5. The Head of EUPT Kosovo shall exercise command and control of EUPT Kosovo at theatre level and shall be directly responsible to the Civilian Operation Commander. Following the establishment of the EU crisis management operation in Kosovo and before the launch of its operational phase, the Head of EUPT Kosovo shall act under the direction of the Head of the EU crisis management operation in Kosovo once the latter has been appointed. 6. The Head of EUPT Kosovo shall report to the Civilian Operation Commander. Following the establishment of the EU crisis management operation in Kosovo and before the launch of its operational phase, the Head of EUPT Kosovo shall report to the Civilian Operation Commander through the Head of the EU crisis management operation in Kosovo once the latter has been appointed. 7. Once the PSC has reached an agreement in principle on the appointment of the Head of the EU crisis management operation, appropriate liaison and coordination shall be ensured by the Head of EUPT Kosovo.’;
EN Official Journal of the European Union L 57/37

COUNCIL COMMON POSITION 2008/179/CFSP

of 29 February 2008

amending Common Position 2005/440/CFSP concerning restrictive measures against the Democratic Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) Following the adoption by the United Nations Security Council on 18 April 2005 of Resolution 1596 (2005), the Council adopted on 13 June 2005 Common Position 2005/440/CFSP (1) concerning restrictive measures against the Democratic Republic of the Congo (DRC).

(2) On 9 October 2007, the Council adopted Common Position 2007/654/CFSP (2) amending and extending until 15 February 2008 the restrictive measures against the DRC, thus implementing United Nations Security Council Resolution (UNSCR) 1771 (2007).

(3) On 15 February 2008, the United Nations Security Council adopted UNSCR 1799 (2008) extending the measures against the DRC until 31 March 2008.

(4) Common Position 2005/440/CFSP should therefore also be extended,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Article 8 of Common Position 2005/440/CFSP shall be replaced by the following:

‘Article 8 This Common Position shall be reviewed, amended or repealed as appropriate, in light of determinations made by the United Nations Security Council.’

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 29 February 2008. For the Council The President M. COTMAN

(1) OJ L 152, 15.6.2005, p. 22.

(2) OJ L 264, 10.10.2007, p. 11.
3.

the following Article shall be inserted: ‘Article 3b 1. Member States shall exercise vigilance over the activities of financial institutions within their jurisdiction with: (a) banks domiciled in Iran, in particular with Bank Saderat; (b) branches and subsidiaries within the jurisdiction of the Member States of banks domiciled in Iran, as listed in Annex III; (c) branches and subsidiaries outside the jurisdiction of the Member States of banks domiciled in Iran, as listed in Annex IV; (d) financial entities that are neither domiciled in Iran nor within the jurisdiction of the Member States but are controlled by persons and entities domiciled in Iran, as listed in Annex IV; in order to avoid such activities contributing to proliferation sensitive nuclear activities or to the development of nuclear weapon delivery systems. 2. For the above purpose, financial institutions shall be required, in their activities with banks and financial institutions as set out in paragraph 1, to: (a) exercise continuous vigilance over account activity including through their programmes on customer due diligence and under their obligations relating to money-laundering and financing of terrorism; (b) require that all information fields of payment instructions which relate to the originator and beneficiary of the transaction in question be completed; and if that information is not supplied, refuse the transaction; (c) maintain all records of transactions for a period of five years and make them available to national authorities on request; (d) if they suspect or have reasonable grounds to suspect that funds are related to proliferation financing, promptly report their suspicions to the Financial Intelligence Unit (FIU) or another competent authority designated by the Member State concerned. The FIU or such other competent authority shall have access, directly or indirectly, on a timely basis to the financial, administrative and law enforcement information that it requires to properly undertake this function, including the analysis of suspicious transaction reports. 3. Bank Saderat branches and subsidiaries within the jurisdiction of the Member States shall also be required to notify the competent authority of the Member State where they are established, of all transfers of funds carried out or received by them, within five working days after carrying out or receiving the respective transfer of funds. Subject to information-sharing arrangements, notified competent authorities shall without delay transmit this data, as appropriate, to the competent authorities of other Member States, where the counterparts to such transactions are established.’;
EN Official Journal of the European Union L 163/51

COUNCIL JOINT ACTION 2008/481/CFSP

of 23 June 2008

amending Joint Action 2008/131/CFSP extending the mandate of the European Union Special Representative for Afghanistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 14, 18(5) and 23(2) thereof,

Whereas:

(1) On 18 February 2008, the Council adopted Joint Action 2008/131/CFSP (1) extending the mandate of Mr Francesc Vendrell as the Special Representative of the European Union for Afghanistan until 31 May 2008, and on 26 May 2008 it adopted Joint Action 2008/391/CFSP (2) extending his mandate until 30 June 2008.

(2) Mr Francesc Vendrell has informed the Secretary-General/High Representative that he is available to continue serving as European Union Special Representative (EUSR) until 31 August 2008. His mandate as EUSR should be further extended until that date. The Council intends to appoint a new EUSR for the following period until 28 February 2009.

(3) Article 5(1) of Joint Action 2008/131/CFSP, as amended by Joint Action 2008/391/CFSP, provided a financial reference amount of EUR 975 000 to cover expenditure related to the mandate of the EUSR until 30 June 2008. This financial reference amount should be increased by EUR 678 000 in order to cover expenditure related to the remaining period of the EUSR's mandate,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Amendment

Joint Action 2008/131/CFSP is hereby amended as follows:

1. Article 1 shall be replaced by the following: ‘Article 1 European Union Special Representative The mandate of Mr Francesc Vendrell as the European Union Special Representative (EUSR) for Afghanistan is hereby extended until 31 August 2008.’;

2. Article 5(1) shall be replaced by the following: ‘1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2008 to 31 August 2008 shall be EUR 1 653 000.’

Article 2

Entry into force

This Joint Action shall enter into force on the day of its adoption.

Article 3

Publication

This Joint Action shall be published in the Official Journal of the European Union.

Done at Luxembourg, 23 June 2008. For the Council The President I. JARC

(1) OJ L 43, 19.2.2008, p. 26.

(2) OJ L 137, 27.5.2008, p. 52.