Council Common Position 2003/771/CFSP of 27 October 2003 amending Common Position 2001/357/CFSP concerning restrictive measures against Liberia
Date: 2003-10-27
Institutions: Council of the European Union
Subjects: Liberia, international sanctions, military equipment, technical cooperation, trade restriction

L 278/50

EN

Official Journal of the European Union

29.10.2003

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

COUNCIL COMMON POSITION 2003/771/CFSP

of 27 October 2003

amending Common Position 2001/357/CFSP concerning restrictive measures against Liberia

THE COUNCIL OF THE EUROPEAN UNION,

‘Article 1

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

1.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

concerning

On 7 May 2001 the Council adopted Common Position
2001/357/CFSP (1)
restrictive measures
against Liberia so as to implement UNSC Resolution
1343 (2001) setting out measures to be imposed against
Liberia, adopted on 7 March 2001 by the United Nations
Security Council,
referred to as UNSCR
1343 (2001)).

(hereinafter

On 1 August 2003 the United Nations Security Council
adopted UNSCR 1497 (2003) authorising the establish-
ment of a multinational force in Liberia (ECOMIL) to
support
the Liberian ceasefire
agreement signed in Accra on 17 June 2003.

the implementation of

On 22 September 2003 the Council adopted Common
Position 2003/666/CFSP (2) amending Common Position
2001/357/CFSP.

On 19 September 2003 the United Nations Security
Council adopted UNSCR 1509 (2003) authorising the
establishment of a United Nations Mission in Liberia
for a period of 12 months, requesting the
(UNMIL)
Secretary-General to transfer authority from ECOMIL to
UNMIL on 1 October 2003 and providing for an exemp-
tion to the existing arms embargo against Liberia in
support of UNMIL. These exemptions require national
authorisation.

Common Position 2001/357/CFSP should be further
amended accordingly.

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

HAS ADOPTED THIS COMMON POSITION:

Article 1

Article 1 of Common Position 2001/357/CFSP shall be
replaced by the following:

(1) OJ L 126, 8.5.2001, p. 1.
(2) OJ L 235, 23.9.2003, p. 28.

(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 Liberia by nationals of
Member States or from the territories of Member
States, or using their flag vessels or aircraft, under
the conditions set out in UNSCR 1343 (2001), shall
be prohibited whether originating or not in their
territories.

(b) The direct or indirect provision to any person, entity
or body in Liberia of assistance, advice or training
related to military activities, including in particular
technical training and assistance related to the provi-
sion, 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 Mission in Liberia (UNMIL) established as a
stabilisation force in Liberia;

(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, as approved in advance
by the Committee established by paragraph 14 of
UNSCR 1343 (2001);

(c) the supply, sale or transfer of protective clothing,
including flak jackets and military helmets, temporarily
exported to Liberia by United Nations personnel, repre-
sentatives of the media and humanitarian and develop-
ment workers and associated personnel,
their
personal use only.

for

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.

29.10.2003

EN

Official Journal of the European Union

L 278/51

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 3

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

Article 2

Done at Luxembourg, 27 October 2003.

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

It shall apply from 1 October 2003.

For the Council

The President

A. MATTEOLI