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 19 September 2003 the United Nations Security Council decided in its Resolution 1509 (2003) to establish a United Nations Mission in Liberia (UNMIL) and decided to exempt the supply of arms and related materiel as well as the provision of technical training or assistance to UNMIL from the embargo imposed by the United Nations Security Council Resolution 1343 (2001). UNMIL replaced the ECOWAS-led ECOMIL forces on 1 October 2003.

(2) In view of this development, the Council is discussing a draft Common Position which will align Common Position 2001/357/CFSP concerning restrictive measures against Liberia, with the Resolution. The draft Common Position calls for action by the Community in order to bring Regulation (EC) No 1030/2003, which implements part of Common Position 2001/357/CFSP, in line with the amended Common Position 2001/357/CFSP.

(3) The Commission proposes, therefore, to amend Council Regulation (EC) No 1030/2003 of 16 June 2003 to the extent that it concerns the exemptions from the ban on the provision to Liberia of technical training or assistance related to arms and related materiel of all types.

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 2001/357/CFSP of 7 May 2001 concerning restrictive measures against Liberia [1], as last amended by Common Position 2003/..../CFSP [2]

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

[2] OJ L [....], [....], p.[...].

Having regard to the proposal from the Commission [3],

[3] OJ C [....], [....], p.[...].

Whereas:

(1) United Nations Security Council Resolution 1509 (2003) of 19 September 2003 decided to establish the United Nations Mission in Liberia (UNMIL), requested the Secretary-General of the United Nations to transfer authority from the ECOWAS-led ECOMIL forces to UNMIL on 1 October, and decided that exemptions should be granted for the supply to UNMIL of arms and related materiel and for the provision of technical training or assistance, despite the arms embargo imposed by United Nations Security Council Resolution 1343 (2001) of 7 March 2001.

(2) Further to Resolution 1343 (2001) Common Position 2001/357/CFSP concerning restrictive measures against Liberia, as last amended by Common Position 2003/666/CFSP [4] of 22 September 2003, imposed restrictive measures against Liberia. Common Position 2003/.../CFSP of ....2003 makes provision for an amendment of the current regime in order to align the arms embargo and the ban on providing certain related services with United Nations Security Council Resolution 1509 (2003).

[4] OJ L 235, 23.9.2003, p. 28.

(3) Regulation (EC) No 1030/2003 concerning certain restrictive measures in respect of Liberia [5], which, inter alia, prohibits providing Liberia with technical training or assistance related to arms and related materiel of all types, should, therefore, be amended as regards the exemptions from that prohibition,

[5] OJ L 150, 18.6.2003, p.1. Regulation last amended by Regulation (EC) No 1662/2003, OJ L 235, 23.9.2003, p. 1.

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 United Nations Mission 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 the 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.

It shall apply from 1 October 2003.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For the Council

The President