EN    EN EN 
EN    EN  EUROPEAN COMMISSION 
Brussels, 8.11.2010 
COM(2010) 654 final 
2010/0321 (NLE)   
Proposal for a 
COUNCIL REGULATION 
amending Regulation (EC) No  174/2005 imposing restrictions on  the supply of assistance 
related to military acti vities to Côte d’Ivoire 
(presented jointly by the Commission and the High Repr esentative of the EU  
for Foreign Affairs and Security Policy) 
EN 2   EN EXPLANATORY MEMORANDUM  
(1) On 15 October 2010 the UN Security Council adopted Resolution 1946(2010) on Côte 
d’Ivoire confirming the restrictive meas ures decided in 2004 and 2005. The Resolution 
also amends the terms of the embargo on ar ms and military equipment in that it 
foresees that the Sanctions Committ ee established by Resolution 1572 (2004) may 
approve supplies of non-lethal equipment intended solely to enable the Ivorian 
security forces to use only appropriate and proportionate for ce while maintaining 
public order. 
(2) Further to this Resolution the Council is preparing a CFSP Decision based on Article 
29 TEU renewing the restrictive measures ag ainst Côte d’Ivoire and aligning the 
exceptions to the embargo on arms and m ilitary equipment with UN Security Council 
Resolution 1946(2010). The CFSP Decision also provides fo r a similar exception as 
regards the embargo on equipment which mi ght be used for internal repression. 
(3) Regulation (EC) No 174/2005 impos ing restrictions on the su pply of assistance related 
to military activities to Côte d’Ivoire gi ves effect to the restrictive measures 
concerned. It needs to be amended in view of these developments.  
(4) It is appropriate to replace the list of e quipment which might be used for internal 
repression to take account of the entry into force of  Regulation (EC) No 1236/2005 
concerning trade in certain goods which coul d be used for capital punishment, torture 
or other cruel, inhuman or degrading tr eatment or punishment. The list set out in 
Annex II to the Guidelines on implementati on and evaluation of restrictive measures 
(sanctions) in the framework of the EU Common Foreign and Security Policy (Council 
document 17464/09 of 15 December 2009) was drawn up for this purpose. 
EN 3   EN 2010/0321 (NLE) 
Proposal for a 
COUNCIL REGULATION 
amending Regulation (EC) No  174/2005 imposing restrictions on  the supply of assistance 
related to military acti vities to Côte d’Ivoire 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 215 thereof, 
Having regard to Council Decision 2010/…/ CFSP of … 2010 renewing the restrictive 
measures against Côte d’Ivoire1, 
Having regard to the joint propos al from the High Representati ve of the Union for Foreign 
Affairs and Security Po licy and the Commission, 
Whereas: (1) Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the 
supply of assistance related to mi litary activities to Côte d’Ivoire
2 provides for 
prohibitions on the export of equipment whic h might be used for internal repression 
and on the provision of certain technical assi stance, financing and financial assistance. 
These restrictions were enacted in accordance with Council Common Position 
2004/852/CFSP of 13 December 2004 concerning re strictive measures against Côte 
d’Ivoire3. 
(2) Taking into account UN Security Council Resolution 1946 of 15 October 2010, it is 
appropriate to amend the restrictive meas ures in order to permit the export of non-
lethal equipment intended solely to enable  the Ivorian security forces to use only 
appropriate and proportionate force while ma intaining public order, as well as the 
provision of related techni cal assistance, financing and financial assistance. 
(3) The list of equipment which might be used for internal repressi on should be updated 
following recommendations made by experts,  taking into account Council Regulation 
(EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be 
used for capital punishment, tort ure or other cruel, inhuman or degrading treatment or 
punishment4. 
                                                 
1 OJ L …, … 2010, p. … 
2 OJ L 29, 2.2.2005, p. 5. 
3 OJ L 368, 15.12.2004, p. 50. 
4 OJ L 200, 30.7.2005, p. 1. 
EN 4   EN (4) It is appropriate to update the article on Un ion jurisdiction in lig ht of recent drafting 
practice. 
(5) Regulation (EC) No 174/2005 should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 174/2005 is amended as follows: 
(1) Article 4(1) is replaced by the following: 
“1. By way of derogation from Article 2, th e prohibitions referred to therein shall 
not apply to: 
(a) the provision of technical assistan ce, financing and financial assistance 
related to arms and related materiel, where such assistance or services are 
intended solely for support of and us e by the United Nations Operation in 
Côte d’Ivoire (UNOCI) and the French forces who support it; 
(b) the provision of technical assistance related to non-lethal military 
equipment intended solely for humanita rian or protective use, including 
such equipment intended for EU, UN, African Union and Economic Community of West African States  (ECOWAS) crisis management 
operations, where such ac tivities have also been  approved in advance by 
the Sanctions Committee; 
(c) the provision of financing or fina ncial assistance rela ted to non-lethal 
military equipment intended solely for humanitarian or protective use, including such equipment intende d for EU, UN, African Union and 
ECOWAS crisis management operations; 
(d) the provision of technical assistance related to arms and related materiel 
intended solely for support of or us e in the process of restructuring 
defence and security forces pursuant to paragraph 3, subparagraph (f) of 
the Linas-Marcoussis Agreement, where such activities have also been 
approved in advance by the Sanctions Committee; 
(e) the provision of fina ncing or financial assistance related to arms and 
related materiel intended solely for support of or use in  the process of 
restructuring defence and security forces pursuant to paragraph 3, subparagraph (f) of the Li nas-Marcoussis Agreement;  
(f) the sales or supplies temporarily tran sferred or 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, where such activities have also been notified in advance to the 
Sanctions Committee; 
EN 5   EN (g) the provision of technical assistan ce, financing or financial assistance 
related to non-lethal military equipment intended solely to enable the Ivorian security forces to use only  appropriate and pr oportionate force 
while maintaining public order.” 
(2) The following Article 4a is inserted: 
“Article 4a 
1. By way of derogation from  Article 3, the competent authority, as listed in 
Annex II, of the Member State where the exporter or service provider is 
established may authorise, under such conditions as it deems appropriate, the sale, supply, transfer or e xport of non-lethal equipment listed in Annex I or the 
provision of technical assistance, financi ng or financial assi stance related to 
such non-lethal equipment, after ha ving determined that the non-lethal 
equipment concerned is intended solely to enable the Ivorian security forces to 
use only appropriate and pr oportionate force while maintaining public order. 
2. The relevant Member State shall inform the other Member States and the 
Commission of any authorisati on granted under paragraph 1.  
3. No authorisations shall be granted for activities that have already taken place.” 
(3) Article 9 is replaced by the following: 
“Article 9 
This Regulation shall apply: (a) within the territory of th e Union, including its airspace; 
(b) on board any aircraft or any vessel u nder the jurisdiction of a Member State; 
(c) to any person inside or outside the te rritory of the Union who is a national of a 
Member State; 
(d) to any legal person, entity or body which is incorporated or constituted under 
the law of a Member State; 
(e) to any legal person, entity or body in respect of any business done in whole or 
in part within the Union.” 
(4) Annex I is replaced by the text in the Annex to this Regulation. 
EN 6   EN  
Article 2 
This Regulation shall enter in to force on [… October 2010]. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at […], 
 For the Council 
 The President 
EN 7   EN ANNEX  
“ANNEX I 
List of equipment which might be used for in ternal repression as referred to in Article 3 
and 4a 
1. Fire-arms, ammunition and related accessories therefor, as follows: 
1.1 Firearms not controlled by ML 1 and ML 2 of the EU Common Military List5; 
1.2 Ammunition specially designed for the firearms listed in 1.1 and specially 
designed components therefor; 
1.3 Weapon-sights not controlled by the EU Common Military List. 
2. Bombs and grenades not controlled by the EU Common Military List. 3. Vehicles as follows: 
3.1 Vehicles equipped with a water cannon, sp ecially designed or modified for the 
purpose of riot control; 
3.2 Vehicles specially designed or modifi ed to be electrified to repel borders; 
3.3 Vehicles specially designed or modi fied to remove barricades, including 
construction equipment with ballistic protection; 
3.4 Vehicles specially designed for the tran sport or transfer of  prisoners and/or 
detainees; 
3.5 Vehicles specially designed to deploy mobile barriers; 
3.6 Components for the vehicles specified in 3.1 to 3.5 specially designed for the 
purposes of riot control. 
Note 1 This item does not control vehicles specially designed for the purposes 
of fire-fighting. 
Note 2 For the purposes of item 3.5 th e term "vehicles" includes trailers. 
4. Explosive substances and re lated equipment as follows: 
4.1 Equipment and devices specially designed to  initiate explosions  by electrical or 
non-electrical means, including firing se ts, detonators, ign iters, boosters and 
detonating cord, and speci ally designed components therefor; except those 
specially designed for a specific commerc ial use consisting of the actuation or 
operation by explosive means of other equipment or devices the function of 
which is not the creation of explosions (e .g., car air-bag inflater s, electric-surge 
arresters of fire sprinkler actuators); 
                                                
 
5 OJ L 88, 29.3.2007, p. 58. 
EN 8   EN 4.2 Linear cutting explosive charges not controlled by the EU Common Military 
List; 
4.3 Other explosives not controlled by th e EU Common Military List and related 
substances as follows: 
a. amatol; b. nitrocellulose (containing more than 12,5 % nitrogen); c. nitroglycol; d. pentaerythritol tetranitrate (PETN); e. picryl chloride; f. 2,4,6-trinitrotoluene (TNT). 
5. Protective equipment not controlled by ML  13 of the EU Common Military List as 
follows: 
5.1 Body armour providing ballisti c and/or stabbing protection; 
5.2 Helmets providing ballistic and/or frag mentation protection, anti-riot helmets, 
antiriot shields and ballistic shields. 
Note This item does not control: 
- equipment specially designe d for sports activities; 
- equipment specially designed for safety of work requirements. 
6. Simulators, other than those controlled by ML 14 of the EU Co mmon Military List, 
for training in the use of firearms, a nd specially designed software therefor. 
7. Night vision, thermal imaging equipment and image intensifier tubes, other than 
those controlled by the EU  Common Military List. 
8. Razor barbed wire. 9. Military knives, combat knives and bayonets  with blade lengths in excess of 10 cm. 
10. Production equipment specially designed for the items specified in this list. 
11. Specific technology for the development, pr oduction or use of the items specified in 
this list.”