Proposal for a Council Regulation concerning certain restrictive measures in respect of the Democratic Republic of Congo
Date: 2003-09-02
Institutions: European Commission
Subjects: Democratic Republic of the Congo, arms trade, common foreign and security policy, international sanctions, military equipment

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 2.9.2003
COM(2003) 528 final

Proposal for a

COUNCIL REGULATION

concerning certain restrictive measures in respect of the Democratic Republic of Congo

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

2.

3.

On 28 July 2003 the United Nations Security Council decided in its Resolution 1493
(2003) to impose an embargo on the supply of arms and related materiel as well as
on the provision  of  assistance,  advice or  training  related to military  activities to  all
armed groups and militias operating in the territory of North and South Kivu and of
Ituri,  and  to  groups  not  party  to  the  Global  and  All-inclusive  agreement,  in  the
Democratic Republic of Congo.

In  view  of  this  development,  the  Council  should  review  Common  Position
2002/829/CFSP concerning the arms embargo in respect of the Democratic Republic
of Congo. The Commission was informally asked to make the necessary proposal for
appropriate action by the Community.

In  line  with  an  existing  practice  on  the  implementation  of  arms  embargoes,  the
Commission  proposes,  therefore ,  to  implement  the  ban  on  the  provision  of
assistance,  advice  or  training  related  to  military  activities  by  means  of  a  Council
Regulation.

2

Proposal for a

COUNCIL REGULATION

concerning certain restrictive measures in respect of the Democratic Republic of Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Articles 60 and 301 thereof,

Having regard to Common Position 2003/…/CFSP of … 20031, concerning

Having regard to the proposal from the Commission2,

Whereas:

(1)

(2)

(3)

(4)

(5)

On 28 July 2003 the United Nations Security Council decided in its Resolution 1493
(2003), hereinafter referred to as UNSCR 1493 (2003), to impose an embargo on the
supply  of  arms  and  related  materiel  as  well  as  the  provision  of  assistance,  advice  or
training related to military activities to all armed groups and militias operating in the
territory of North and South Kivu and of  Ituri, and to groups not party to the Global
and All-inclusive agreement, in the Democratic Republic of Congo.

The Council Common Position 2002/829/CFSP, of 21 October 2002 on the supply of
certain equipment to the Democratic Republic of Congo3 imposes an embargo on the
supply or sale of arms and related materiel to that country.

Council  Common  Position  2003/…/CFSP  of  ….2003  on……provides  for  the
implementation of the measures set out by UNSCR 1493 (2003), including inter alia
for a ban on technical assistance and training related to military materiel.

That measure falls under the scope of the Treaty and, therefore, notably with a view to
avoiding distortion of competition, Community legislation is  necessary to implement
the relevant decisions of the Security Council as far as the territory of the Community
is  concerned.  For  the  purpose  of  this  Regulation,  the  territory  of  the  Community
should  be  deemed  to  encompass  the  territories  of  the  Member  States  to  which  the
Treaty is applicable, under the conditions laid down in that Treaty.

The  Commission  and  the  Member  States  should  inform  each  other  of  the  measures
taken  under  this  Regulation  and  of  other  relevant  information  at  their  disposal  in
connection  with  this  Regulation,  and  co-operate  with  the  Secretariat  General  of  the
United Nations, in particular by supplying information to it.

1

2

3

OJ L …, …, p. …
OJ C …, …, p. …
OJ L 285, 23.10.2002, p.1.

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(6)

Violations  of  the  provisions  of  this  Regulation  should  be  subject  to  sanctions  and
Member  States  should  impose  appropriate  sanctions  to  that  end.  It  is,  moreover,
desirable  that  those  sanctions  can  be  imposed  on  the  date  of  entry  into  force  of  this
Regulation,

HAS ADOPTED THIS REGULATION:

1.

Without prejudice to the powers of the Member States in the exercise of their public
authority, it shall be prohibited

Article 1

(a)

(b)

to  provide  financing  and  financial  assistance,  including  in  particular  grants,
loans  and  export  credit  insurance,  for  any  sale,  supply,  transfer  or  export  of
arms and related materiel, directly or indirectly, to any person, entity or body in
the Democratic Republic of Congo;

to provide, directly or indirectly, technical advice, assistance or training related
to  military  activities,  including  in  particular  training  and  assistance  related  to
the manufacture, maintenance and use of arms and related materiel of all types,
to any person, entity or body in the Democratic Republic of Congo.

2.

The  participation,  knowingly  and  intentionally,  in  activities  the  object  or  effect  of
which is, directly or indirectly, to promote the transactions referred to in paragraph 1
shall be prohibited.

Article 1 shall not apply to:

Article 2

a)

b)

the  provision  of  financing  and  financial  assistance  for  the  sale,  supply,  transfer  or
export  of  military  equipment,  and  the  provision  of  technical  advice,  assistance  or
training related to military activities, to the United Nations Organization Mission in
the Democratic Republic of Congo (MONUC), the Interim Emergency Multinational
Force  deployed  in  Bunia  and  the  integrated  Congolese  national  army  and  police
forces;

the  provision  of  financing  and  financial  assistance  for  the  sale,  supply,  transfer  or
export  of  non-lethal  military  equipment  intended  solely  for  humanitarian  or
protective use and the provision of technical advice, assistance or training related to
such non-lethal equipment,

if an authorisation for such activities has been granted by the competent authorities, as listed
in the Annex, of the Member State, where the service provider is established.

Article 3

The  competent  authority  shall  without  delay  inform  the  Secretary-General  of  the  United
Nations through his Special Representative of any authorisation granted for activities referred
to in Article 2 (b).

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The  information  concerning  competent  authorities  shall  be  amended  by  the  Commission  on
the basis of the information supplied by the Member States.

Article 4

Article5

The Commission and the Member States shall immediately inform each other of the measures
taken  under  this  Regulation  and  shall  supply  each  other  with  relevant  information  at  their
disposal in connection with this  Regulation, in particular information in respect of violation
and enforcement problems and judgements handed down by national courts.

Article 6

1.

2.

Each Member State shall determine the sanctions to be imposed where the provisions
of this Regulation are infringed. Such sanctions shall be effective, proportionate and
dissuasive.

Pending the adoption, where necessary, of any legislation to this end, the sanctions to
be  imposed  where  the  provisions  of  this  Regulation  are  infringed,  shall  be  those
determined  by  the  Member  States  in  order  to  give  effect  to  Article  7  of  Council
Regulation  (EC)  No  147/2003  of  27  January  2003  concerning  certain  restrictive
measures in respect of Somalia4.

This Regulation shall apply

Article 7

–  within the territory of the Community, including its airspace,

–  on board any aircraft or any vessel under the jurisdiction of a Member State,

–  to any national of a Member State, and

–  to any legal person, entity or body which is incorporated or constituted under the law of a

Member State.

4

OJ L 24, 29.1.2003, p. 2.

5

                                                
Article 8

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 expire on 27 July 2004.

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

Done at Brussels,

For the Council
The President

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ANNEX

List of competent authorities

(to be completed by Member States and sent to the Commission )

BELGIUM

DENMARK

GERMANY

GREECE

SPAIN

FRANCE

IRELAND

ITALY

LUXEMBOURG

NETHERLANDS

AUSTRIA

PORTUGAL

FINLAND

SWEDEN

UNITED KINGDOM

EUROPEAN COMMUNITY

Commission of the European Communities

Directorate-General for External Relations

Directorate CFSP

Unit A.2: Legal and institutional matters for external relations - Sanctions

CHAR 12/163

B - 1049 Bruxelles/Brussel

Tel. (32-2) 296 25 56

Fax (32-2) 296 75 63

E-mail: relex-sanctions@cec.eu.int

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