Council Common Position 2003/771/CFSP

of 27 October 2003

amending Common Position 2001/357/CFSP concerning restrictive measures against Liberia

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 7 May 2001 the Council adopted Common Position 2001/357/CFSP(1) concerning restrictive measures against Liberia so as to implement UNSC Resolution 1343 (2001) setting out measures to be imposed against Liberia, adopted on 7 March 2001 by the United Nations Security Council, (hereinafter referred to as UNSCR 1343 (2001)).

(2) On 1 August 2003 the United Nations Security Council adopted UNSCR 1497 (2003) authorising the establishment of a multinational force in Liberia (ECOMIL) to support the implementation of the Liberian ceasefire agreement signed in Accra on 17 June 2003.

(3) On 22 September 2003 the Council adopted Common Position 2003/666/CFSP(2) amending Common Position 2001/357/CFSP.

(4) On 19 September 2003 the United Nations Security Council adopted UNSCR 1509 (2003) authorising the establishment of a United Nations Mission in Liberia (UNMIL) for a period of 12 months, requesting the Secretary-General to transfer authority from ECOMIL to UNMIL on 1 October 2003 and providing for an exemption to the existing arms embargo against Liberia in support of UNMIL. These exemptions require national authorisation.

(5) Common Position 2001/357/CFSP should be further amended accordingly.

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

HAS ADOPTED THIS COMMON POSITION:

Article 1

Article 1 of Common Position 2001/357/CFSP shall be replaced by the following:

"Article 1

1. (a) The direct or indirect supply, sale or transfer of arms and any related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Liberia by nationals of Member States or from the territories of Member States, or using their flag vessels or aircraft, under the conditions set out in UNSCR 1343 (2001), shall be prohibited whether originating or not in their territories.

(b) The direct or indirect provision to any person, entity or body in Liberia of assistance, advice or training related to military activities, including in particular technical training and assistance related to the provision, manufacture, maintenance or use of the items mentioned in subparagraph (a), by nationals of Member States or from the territories of Member States shall be prohibited.

2. Paragraph 1 shall not apply to:

(a) the supply, sale or transfer of arms and any related material or the provision of assistance, advice or training, referred to in paragraph 1, to the United Nations Mission in Liberia (UNMIL) established as a stabilisation force in Liberia;

(b) the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, or the provision of assistance and training related to such non-lethal equipment, as approved in advance by the Committee established by paragraph 14 of UNSCR 1343 (2001);

(c) the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only.

3. The supply, sale or transfer of arms and related material or the provision of services, referred to in paragraph 2, shall be subject to an authorisation granted by the competent authorities of the Member States.

4. Member States shall consider deliveries under paragraph 2 on a case-by-case basis, taking full account of the criteria set out in the European Union code of conduct on arms exports. Member States shall require adequate safeguards against misuse of authorisation granted pursuant to paragraph 3 and, where appropriate, make provisions for repatriation of the delivered arms and related material."

Article 2

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

It shall apply from 1 October 2003.

Article 3

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

Done at Luxembourg, 27 October 2003.

For the Council

The President

A. Matteoli

(1) OJ L 126, 8.5.2001, p. 1.

(2) OJ L 235, 23.9.2003, p. 28.