Council Common Position of 21 October 2002 on the supply of certain equipment into the Democratic Republic of Congo
Date: 2002-10-21
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, cooperation policy, military equipment

23.10.2002

EN

Official Journal of the European Communities

L 285/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION

of 21 October 2002

on the supply of certain equipment into the Democratic Republic of Congo

(2002/829/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Article 15 thereof,

nationals of Member States or from the territories of Member
States shall be prohibited whether originating or not in their
territories.

Whereas:

(1)

(2)

(3)

The Member States agreed on 7 April 1993 to impose
an arms embargo on Zaire (now the Democratic
Republic of Congo).

concerning

On 11 March 2002, the Council adopted Common Posi-
tion 2002/203/CFSP
European Union
support for the implementation of the Lusaka Ceasefire
Agreement and the peace process in the Democratic
Republic of Congo (1). This Common Position provides,
inter alia, for the European Union to strive for the rapid
implementation of the process of disarmament pursuant
to the Lusaka Agreement, as well as to lend its support
to the reconstruction and development of the country.

Council Common Position 2001/374/CFSP of 14 May
2001 concerning conflict prevention, management and
resolution in Africa (2), stipulates that
the European
Union enhances its support for disarmament in post-war
situations there, with particular attention to the clear-
ance of landmines.

2.

Paragraph 1 shall not apply to:

(a) supplies temporarily exported to the Democratic Republic
of Congo for the personal use only of United Nations
personnel;

(b) supplies of non-lethal military equipment intended solely
for humanitarian or protective use temporarily exported to
the Democratic Republic of Congo for the personal use
only of representatives of the media and humanitarian and
development workers and associated personnel;

(c) equipment to be used for the clearance and destruction of

anti-personnel landmines.

3. 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 authorisations granted under paragraph 2 and, where appro-
priate, make provisions for repatriation of the equipment.

(4)

The arms embargo should therefore be amended to
allow for certain exemptions,

Article 2

HAS ADOPTED THIS COMMON POSITION:

immediately inform each other and the
Member States shall
Commission of the measures taken under this Common Posi-
tion and shall supply each other with any other relevant infor-
mation at
in connection with this Common
Position.

their disposal

Article 1

The supply or sale of arms and related materiel of all
1.
types,
including weapons and ammunition, military vehicles
and equipment, paramilitary equipment and spare parts for the
aforementioned into the Democratic Republic of Congo by

(1) OJ L 68, 12.3.2002, p. 1.
(2) OJ L 132, 15.5.2001, p. 3.

Article 3

In order to maximise the impact of the above measures, the
European Union shall deploy efforts to encourage other coun-
tries to adopt measures similar to those contained in this
Common Position.

L 285/2

EN

Official Journal of the European Communities

23.10.2002

Article 4

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

It shall be kept under constant review.

This Common Position shall be published in the Official Journal.

Article 5

Done at Luxembourg, 21 October 2002.

For the Council

The President

P. S. MØLLER