Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1030/2003 concerning certain restrictive measures in respect of Liberia .

(presented by the Commission)

EXPLANATORY MEMORANDUM

(1) On 1 August 2003 the United Nations Security Council decided in its Resolution 1497 (2003) to authorise Member States of the United Nations to establish a Multinational Force in Liberia to support the implementation of the 17 June 2003 cease-fire agreement and to exempt the supply of arms and related materiel as well as the provision of technical training or assistance to the Multinational Force from the embargo imposed by the United Nations Security Council Resolution 1343 (2001).

(2) In view of this development, the Council should review Common Position 2001/357/CFSP concerning restrictive measures against Liberia and Council Regulation (EC) No 1030/2003, which, inter alia, prohibits providing Liberia with technical training or assistance related to arms and related materiel of all types. The Commission was informally asked to make the necessary proposal for appropriate action by the Community.

(3) The Commission proposes, therefore, to amend Council Regulation (EC) No 1030/2003 of 16 June 2003 to align it with Resolution 1497 (2003).

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1030/2003 concerning certain restrictive measures in respect of Liberia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 301 thereof,

Having regard to Common Position 2003/.../CFSP of ... 2003 [1], concerning....

[1] OJ L [...], [...], p. [...].

Having regard to the proposal from the Commission [2],

[2] OJ C [...], [...], p. [...].

Whereas:

(1) United Nations Security Council Resolution 1497 (2003) of 1 August 2003 (hereinafter referred to as UNSCR 1497 (2003)), authorised Member States of the United Nations to establish a Multinational Force in Liberia to support the implementation of the 17 June 2003 cease-fire agreement, and to exempt the supply of arms and related materiel as well as the provision of technical training or assistance, to the Multinational Force from the arms embargo imposed by United Nations Security Council Resolution 1343 (2001) of 7 March 2001.

(2) Common Position 2001/357/CFSP [3], as last amended by Common Position 2003/365/CFSP [4] of 19 May 2003, and Regulation (EC) No 1030/2003 of 16 June 2003 [5] imposed restrictive measures against Liberia. Common Position 2003/.../CFSP of ....2003 makes provision for an amendment of the current regime in order to align it with UNSCR 1497 (2003).

[3] OJ L 126, 8.5.2001, p. 1.

[4] OJ L 124, 20.5.2003, p. 49.

[5] OJ L 150, 18.6.2003, p. 1.

(3) Regulation (EC) No. 1030/2003, which, inter alia, prohibits providing Liberia with technical training or assistance related to arms and related materiel of all types, should, therefore, be amended accordingly;

(4) It is necessary for this Regulation to enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(2) of Regulation (EC) No 1030/2003 shall be replaced by the following:

"2. The prohibition referred to in paragraph 1 shall not apply

a) to the provision of technical training and assistance intended solely for support of and use by the Multinational Force in Liberia, if an authorisation for such activities has been granted by the competent authorities, as listed in Annex I, of the Member State, where the service provider is established;

b) to any other provision of technical training and assistance for which the Committee established by paragraph 14 of United Nations Security Council Resolution 1343(2001) has granted an exemption in advance. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex I to this Regulation."

Article 2

This Regulation shall enter into force on the 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