Council Common Position 2003/680/CFSP of 29 September 2003 amending Common Position 2002/829/CFSP on the supply of certain equipment into the Democratic Republic of Congo
Date: 2003-09-29
Institutions: Council of the European Union
Subjects: Congo, international sanctions, military equipment, trade restriction

L 249/64

EN

Official Journal of the European Union

1.10.2003

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

COUNCIL COMMON POSITION 2003/680/CFSP

of 29 September 2003

amending Common Position 2002/829/CFSP on the supply of certain equipment

into the

Democratic Republic of Congo

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

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

Whereas:

(1)

(2)

(3)

(4)

Following the decision by the Member States on 7 April
1993 to impose an arms embargo on Zaire (now the
Democratic Republic of Congo) and the adoption by the
Council on 11 March 2002 of Common Position 2002/
203/CFSP concerning European Union support for the
implementation of the Lusaka ceasefire agreement and
the peace process
in the Democratic Republic of
Congo (1), the Council adopted on 21 October 2002
Common Position 2002/829/CFSP on the supply of
into the Democratic Republic of
certain equipment
Congo (2) allowing certain exemptions from the arms
embargo.

On 28 July 2003, the United Nations Security Council
adopted Resolution 1493 (2003)
imposing an arms
embargo and an embargo on assistance, advice or
training related to military activities against all foreign
and Congolese armed groups operating in the territory
of North and South Kivu and of Ituri in the Democratic
Republic of Congo and to groups not party to the Global
and All-inclusive Agreement on the Transition signed in
Pretoria on 17 December 2002 and allowing certain
exemptions. These exemptions require national authori-
sation.

Common Position 2002/829/CFSP should be amended
in order to implement UNSC Resolution 1493 (2003).

Action by the Community is needed in order to imple-
ment certain measures,

(1) OJ L 68, 12.3.2002, p. 1.
(2) OJ L 285, 23.10.2002, p. 1.

Article 1

Common Position 2002/829/CFSP is hereby amended as
follows:

Article 1 shall be replaced by the following:

‘Article 1

1.

(a) The direct or indirect supply, sale or transfer of
arms and any related material of all types, including
weapons and ammunition, military vehicles and
equipment, paramilitary equipment and spare parts
for the aforementioned to the Democratic Republic
of the Congo by nationals of Member States or from
the territories of Member States, or using their flag
vessels or aircraft, shall be prohibited whether origi-
nating or not in their territories.

(b) The direct or indirect provision to any person, entity
or body in the Democratic Republic of the Congo of
any assistance (including financing and financial
assistance), advice or training related to military
including in particular technical training
activities,
and assistance related to the provision, manufacture,
maintenance or use of
the items mentioned in
subparagraph (a), by nationals of Member States or
from the territories of Member States shall be
prohibited.

2.

Paragraph 1 shall not apply to:

(a) the supply, sale or transfer of arms and any related
the provision of assistance, advice or
material or
training, referred to in paragraph 1,
to the United
Nations Organisation Mission in the Democratic
Republic of Congo and the integrated Congolese
national army and police forces;

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Official Journal of the European Union

L 249/65

(b) the supply, sale or transfer of non-lethal military equip-
ment intended solely for humanitarian or protective
use, or the provision of assistance and training related
to such non-lethal equipment, provided that
such
supply or provision is notified in advance to the UN
Secretary-General through its Special Representative.

3.
The supply, sale or transfer of arms and related mate-
rial or the provision of services, referred to in paragraph 2,
shall be subject to an authorisation granted by the compe-
tent authorities of the Member States.

4. Member States shall consider deliveries under para-
graph 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 safe-
guards against misuse of authorisation granted pursuant to
paragraph 3 and, where appropriate, make provisions for
repatriation of the delivered arms and related material.’

Article 2

This Common Position shall take effect on the date of its adop-
tion.

Article 3

This Common Position shall be published in the Official Journal
of the European Union.

Done at Brussels, 29 September 2003.

For the Council

The President

F. FRATTINI