Proposal for a Council Regulation amending Regulation (EC) No 1030/2003 concerning certain restrictive measures in respect of Liberia
Date: 2003-10-22
Institutions: European Commission
Subjects: Liberia, international sanctions, military equipment, technical cooperation, trade restriction

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.10.2003
COM(2003) 626 final

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) 

(2) 

(3) 

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.

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.

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.

2

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 Liberia1, as last amended by Common Position 2003/…./CFSP2

Having regard to the proposal from the Commission3,

Whereas:

(1)

(2)

(3)

1

2

3

4

5

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.

Further  to  Resolution  1343  (2001)  Common  Position  2001/357/CFSP  concerning
restrictive  measures  against  Liberia,  as 
last  amended  by  Common  Position
2003/666/CFSP4 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).

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,

OJ L 126, 8.5.2001, p. 1.
OJ L [….], [….], p.[…].
OJ C [….], [….], p.[…].
OJ L 235, 23.9.2003, p. 28.
OJ  L  150,  18.6.2003,  p.1.  Regulation 
OJ L 235, 23.9.2003, p. 1.

last  amended  by  Regulation  (EC)  No  1662/2003,

3

                                                
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

4