Council Common Position 2004/31/CFSP of 9 January 2004 concerning the imposition of an embargo on arms, munitions and military equipment on Sudan
Date: 2004-01-09
Institutions: Council of the European Union
Subjects: Sudan, arms trade, firearms and munitions, international sanctions, military equipment

10.1.2004

EN

Official Journal of the European Union

L 6/55

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

COUNCIL COMMON POSITION 2004/31/CFSP

of 9 January 2004

concerning the imposition of an embargo on arms, munitions and military equipment on Sudan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in par-
ticular Article 15 thereof,

parts for the aforementioned to Sudan by nationals of Member
States or from the territories of Member States, or using their
flag vessels or aircraft, shall be prohibited whether originating
or not in their territories.

Whereas:

2.

It shall also be prohibited to:

(1)

(2)

(3)

(4)

(5)

(6)

By Decision 94/165/CFSP (1) of 15 March 1994, the
Council imposed an embargo on arms, munitions and
military equipment,
including the transfer of military
technology, on Sudan.

Given the ongoing civil war in the country, the Council
deems it appropriate to maintain the EU arms embargo
against Sudan. The policy objective of
the European
Union is to promote lasting peace and reconciliation
within Sudan.

The embargo should allow for humanitarian exemptions
to the current arms embargo and permit de-mining
operations to be undertaken in Sudan.

The arms embargo should also be strengthened to cover
related technical advice and assistance, and financial
assistance for arms supplies and related technical assis-
tance, but should also allow for certain humanitarian
exemptions to such assistance, including with regard to
equipment and materiel for de-mining operations, to be
authorised by Member States.

(a) grant, sell, supply or transfer technical assistance, brokering
services and other services related to military activities and
to the provision, manufacture, maintenance and use of
arms and related materiel of all types, including weapons
and ammunition, military vehicles and equipment, parami-
litary equipment, and spare parts for the aforementioned,
directly or indirectly to any person, entity or body in, or
for use in Sudan;

(b) provide financing or financial assistance related to military
including in particular grants, loans and export
activities,
credit insurance, for any sale, supply, transfer or export of
arms and related materiel, or for any grant, sale, supply, or
transfer of related technical assistance, brokering services
and other services, directly or indirectly to any person,
entity or body in, or for use in Sudan.

Article 2

It is appropriate to consolidate these measures in a single
instrument and repeal Decision 94/165/CFSP.

1.

Article 1 shall not apply to:

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

HAS ADOPTED THIS COMMON POSITION:

Article 1

1.
The sale, supply, transfer or export of arms and related
materiel of all types, including weapons and ammunition, mili-
tary vehicles and equipment, paramilitary equipment and spare

(1) OJ L 75, 17.3.1994, p. 1.

(a) the sale, supply, transfer or export of non-lethal military
equipment intended solely for humanitarian or protective
use, or for institution building programmes of the UN, the
EU and the Community, or of materiel intended for EU and
UN crisis management operations;

(b) the sale, supply, transfer or export of de-mining equipment

and materiel for use in de-mining operations;

(c) the provision of financing and financial assistance related

to such equipment;

(d) the provision of

technical assistance related to such

equipment,

on condition that such exports have been approved in advance
by the competent authority of the Member State in question.

L 6/56

EN

Official Journal of the European Union

10.1.2004

Article 1 shall also not apply to protective clothing,
2.
including flak jackets
temporarily
exported to Sudan by United Nations personnel, personnel of
the EU, the Community or its Member States, representatives of
the media and humanitarian and development workers and
associated personnel for their personal use only.

and military helmets,

3. Member States shall consider deliveries under this Article
on a case-by-case basis, taking full account of the criteria set
out in the European Union code of conduct on arms exports
adopted on 8 June 1998. Member States shall require adequate
safeguards against misuse of authorisations granted under this
Article and, where appropriate, make provisions for repatria-
tion of the equipment.

Article 3

Article 5

In order to maximise the impact of the above measures, the
European Union shall encourage non-member countries to
adopt measures similar to those contained in this Common
Position.

Article 6

This Common Position shall be reviewed 12 months after its
adoption and every 12 months thereafter. It shall be repealed if
the Council deems that its objectives have been met.

Decision 94/165/CFSP is hereby repealed.

Article 7

Article 8

For the purposes of this Common Position, the term ‘technical
assistance’ shall mean any technical support related to repairs,
development, manufacture, assembly, testing, maintenance, or
any other technical service, and may take forms such as
instruction, advice, training, transmission of working knowl-
edge or skills or consulting services. Technical assistance
includes verbal forms of assistance.

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

Article 9

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

Article 4

Done at Brussels, 9 January 2004.

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

For the Council

The President

B. COWEN