Proposal for a Council Regulation concerning certain restrictive measures in respect of Liberia and repealing Regulation (EC) No 1030/2003
Date: 2004-01-28
Institutions: European Commission
Subjects: Liberia, financial aid, import restriction, international sanctions, military equipment, originating product, precious stones, technical cooperation, wood for construction

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.01.2004 
COM(2004) 48 final 

Proposal for a 

COUNCIL REGULATION 

concerning certain restrictive measures in respect of Liberia and repealing Regulation 
(EC) No 1030/2003 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

In  view  of  recent  developments  in  Liberia,  in  particular  the  departure  of  former 
President Charles Taylor and the formation of the National Transitional Government 
of Liberia, and progress with the peace process in Sierra Leone, the Security Council 
of  the  United  Nations  decided  to  revise  the  measures  imposed  against  Liberia  by 
Resolutions 1343 (2001) and 1478 (2003) and to adopt Resolution 1521 (2003) on 22 
December 2003. 

Some of the measures imposed against Liberia by Resolutions 1343 (2001) and 1478 
(2003)  were  implemented  in  the  Community  by  Council  Regulation  (EC)  No 
1030/2003. 

The measures decided by the United Nations Security Council in its Resolution 1521 
(2003)  of 22  December 2003, acting under Chapter  VII  of the  Charter of the United 
Nations, provide, inter alia, for an embargo on technical assistance related to military 
activities  and  the  prohibition  of  all  imports  of  rough  diamonds  and  round  logs  and 
timber products originating in Liberia.  

The embargoes on technical assistance related to military activities and on imports of 
rough  diamonds  from  and  round  logs  and  timber  products  originating  in  Liberia  fall 
within the scope of the Treaty. The Commission proposes to implement it by means of 
a Council Regulation.  

2 

 
 
  
 
Proposal for a 

COUNCIL REGULATION 

concerning certain restrictive measures in respect of Liberia and repealing Regulation 
(EC) No 1030/2003 

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 Council Common Position 2004/…./CFSP concerning restrictive measures 
against Liberia1 and repealing Common Position 2001/357/CFSP,2  

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 

3 
4 

In  its  Resolution  1521  (2003)  of  22  December  2003,  the  United  Nations  Security 
Council, acting under Chapter VII of the Charter of the United Nations, and noting the 
changed  circumstances  in  Liberia,  in  particular  the  departure  of  former  President 
Charles Taylor and the formation of the National Transitional Government of Liberia, 
decided  to  modify  certain  of  the  restrictive  measures  imposed  against  Liberia  by 
United Nations Security Council Resolutions 1343 (2001) of 7 March 2001 and 1478 
(2003) of 6 May 2003. 

Common Position 2004/…./CFSP provides for the implementation of the measures set 
out  in  United  Nations  Security  Council  Resolution  1521  (2003),  including  a  ban  on 
technical assistance related to military activities and imports of rough diamonds from 
and of round logs and timber products originating in Liberia. 

Common  Position  2004/…./CFSP  also  provides  for  a  ban  on  brokering  services  and 
other  services  related  to  military  activities,  and  on  financial  assistance  related  to 
military activities. 

Some of the measures provided for by Resolutions 1343 (2001) and 1478 (2003) were 
implemented  by  Council  Regulation  (EC)  No  1030/2003.4  The  amendments  to  those 
measures  fall  within  the  scope  of  the  Treaty  and,  therefore,  in  order  to  avoid  any 
distortion  of  competition,  Community  legislation  is  necessary  to  implement  the 
relevant decisions of the Security Council as far as the Community is concerned. For 

OJ L […] […], p.[…] 
OJ L 126, 8.5.2001, p. 1, as last amended by Common Position 2003/771/CFSP (OJ L 278, 29.10.2003, 
p. 50) 
OJ C […] […], p. […] 
OJ  L  150,  18.6.2003,  p.  1,  as  last  amended  by  Council  Regulation  (EC)  No  2061/2003  (OJ  L  308, 
25.11.2003, p.5) 

3 

 
 
  
 
                                                 
the purpose of this Regulation, the territory of the Community is deemed to encompass 
the  territories  of  the  Member  States  to  which  the  Treaty  is  applicable,  under  the 
conditions laid down in that Treaty. 

For the sake of clarity, a single text containing all the relevant provisions as amended 
should  be  adopted,  replacing  Regulation  (EC)  No  1030/2003,  which  should  be 
repealed. 

In order to ensure that the measures provided for in this Regulation are effective, this 
Regulation should enter into force on the day of its publication, 

(5) 

(6) 

HAS ADOPTED THIS REGULATION: 

Article 1 

For the purposes of this Regulation, the following definitions shall apply: 

1. 

2. 

“technical  assistance”  means  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 knowledge 
or  skills  or  consulting  services.  Technical  assistance  includes  verbal  forms  of 
assistance; 

“brokering  services”  means  activities  negotiating,  arranging  or  facilitating  the  sale, 
supply, transfer or export of arms and related materiel.  

It shall be prohibited 

Article 2 

1. 

2. 

1. 

to  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,  paramilitary  equipment,  and  spare  parts  for  the 
aforementioned, directly or indirectly to any person, entity or body in, or for use in, 
Liberia; 

to provide financing or financial assistance related to military activities, including in 
particular grants, loans and export 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, Liberia.  

Article 3 

By way of derogation from Article 2, the competent authority, as listed in Annex I, 
of  the  Member  State  where  the  service  provider  is  established,  may  authorise  the 
provision of 

a) 

technical assistance, brokering services, financing and financial assistance, and 
other  services  related  to  arms  and  related  materiel,  where  such  assistance  or 

4 

 
 
  
 
services  are  intended  solely  for  support  of  and  use  by  the  United  Nations 
Mission in Liberia, or of 

b) 

brokering  services,  financing  and  financial  assistance,  and  other  services 
related to 

(i) 

arms  and  related  materiel  intended  solely  for  support  of  and  use  in  an 
international  training  and  reform  programme  for  the  Liberian  armed 
forces and police, or to 

(ii)  non-lethal  military  equipment  intended  solely  for  humanitarian  or 

protective use. 

2. 

No authorisations shall be granted for activities that have already taken place. 

Article 4 

1. 

Where such activities have been approved in advance by the Committee established 
by paragraph 21 of United Nations Security Council Resolution 1521 (2003) and by 
way of derogation from Article 2 of this Regulation the competent authority, as listed 
in  Annex  I,  of  the  Member  State  where  the  service  provider  is  established,  may 
authorise the provision of technical assistance related to 

a) 

b) 

arms  and  related  materiel  intended  solely  for  support  of  and  use  in  an 
international training and reform programme for the Liberian armed forces and 
police, or to 

non-lethal  military  equipment  intended  solely  for  humanitarian  or  protective 
use. 

Such  approval  shall  be  obtained  through  the  competent  authority  of  the  Member 
State where the service provider is established. 

2. 

No authorisations shall be granted for activities that have already taken place. 

Article 5 

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

Article 6 

1. 

2. 

The  direct  or  indirect  import  into  the  Community  of  all  rough  diamonds  from 
Liberia, as defined in Annex II , whether originating there or not, shall be prohibited. 

The import into the Community of all round logs and timber products originating in 
Liberia, as defined in Annex III , shall be prohibited. 

5 

 
 
  
 
Article 7  

The participation,  knowingly and intentionally, in activities the object or effect of which is, 
directly  or  indirectly,  to  promote  the  transactions  referred  to  in  Articles  2  and  6  shall  be 
prohibited. 

Article 8 

Without prejudice to the rights and obligations of the Member States under the Charter of the 
United  Nations,  the  Commission  shall  maintain  all  necessary  contacts  with  the  Committee 
established by paragraph 21 of United Nations Security Council Resolution 1521 (2003) for 
the purposes of effective implementation of this Regulation. 

Article 9 

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

The Commission shall be empowered to: 

Article 10 

(a) 

amend Annex I on the basis of information supplied by Member States, 

(b) 

amend  Annexes  II  and  III  in  order  to  bring  them  into  line  with  changes  that 
may be made to the Combined Nomenclature. 

Article 11 

This Regulation shall apply notwithstanding any rights conferred, or obligations imposed, by 
any international agreement signed or any contract entered into or any licence or permit 
granted before the entry into force of this Regulation. 

Article 12  

1. 

The Member States shall lay down the rules on sanctions applicable to infringements 
of the provisions of this Regulation and shall take all measures necessary to ensure 
that  they  are  implemented.  The  sanctions  provided  for  must  be  effective, 
proportionate and dissuasive. 

The  Member  States  shall  notify  these  rules  to  the  Commission  without  delay  after 
entry into force of the Regulation and shall notify the Commission of any subsequent 
amendment. 

2. 

Pending  the  adoption,  where  necessary,  of  any  legislation  pursuant  to  paragraph  1, 
the  sanctions  to  be  imposed  where  the  provisions  of  this  Regulation  are  infringed 

6 

 
 
  
 
shall,  where  relevant,  be  those  determined  by  the  Member  States  in  order  to  give 
effect to Article 7 of Regulation (EC) No 1030/2003. 

This Regulation shall apply: 

Article 13 

(a) 

(b) 

(c) 

(d) 

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 person elsewhere who is a national of a Member State; 

to  any  legal  person,  group  or  entity  which  is  incorporated  or  constituted  under  the 
law of a Member State; 

(e) 

to any legal person, group or entity doing business within the Community. 

Regulation (EC) No 1030 /2003 is hereby repealed. 

Article 14 

Article 15 

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

Done at Brussels,  

For the Council 
The President 

7 

 
 
  
 
 
 
ANNEX I 

List of competent authorities referred to in Articles 3 and 4 

BELGIUM 

Ministère  des  affaires  étrangères,  du  commerce  extérieur  et  de  la  coopération  au 
développement 

Egmont 1, 

rue des Petits Carmes 19 

B-1000 Bruxelles 

Direction des relations économiques et bilatérales extérieures 

a) Service Afrique du Sud du Sahara (B.22), 

Tel. (32-2) 501 85 77 

b) Coordination de la politique commerciale (B.40) 

Tél.: (32-2) 501 83 20 

c) Service transports (B.42) 

Tél.: (32-2) 501 37 62  

Fax (32-2) 501 88 27 

Ministère des affaires économiques 

ARE 4 o division, service des licences 

Avenue du Général Leman 60 

B-1040 Bruxelles 

Tél.: (32-2) 206 58 16/27 

Fax (32-2) 230 83 22 

DENMARK 

Erhvervs- og Boligstyrelsen  

Dahlerups Pakhus 

Langelinie Allé 17 

8 

 
 
  
 
DK - 2100 København Ø 

Tel. (45) 35 46 60 00 

Fax (45) 35 46 60 01 

Udenrigsministeriet 

Asiatisk Plads 2  

DK - 1448 København K  

Tel. (45) 33 92 00 00  

Fax (45) 32 54 05 33 

Justitsministeriet  

Slotholmsgade 10  

DK - 1216 København K  

Tel. (45) 33 92 33 40  

Fax (45) 33 93 35 10 

GERMANY 

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA) 

Frankfurter Straße 29-35 

D-65760 Eschborn 

Tel. (49) 61 96 908-0  

Fax (49) 61 96 908-800 

GREECE 

Ministry of National Economy 

General Secretariat for International Economic Relations 

General Directorate for Policy Planning and Management  

1 Kornarou str. 

GR - 105 63 Athens  

9 

 
 
  
 
Tel. (30) 10 328 64 01-3 

Fax (30) 10 328 64 04 

Υπουργείο Εθνικής Οικονοµίας  

Γενική Γραµµατεία ∆ιεθνών Οικονοµικών Σχέσεων 

Γενική ∆ιεύθυνση Σχεδιασµού και ∆ιαχείρισης Πολιτικής 

Κορνάρου 1 

GR - 105 63 Αθήνα  

Τηλ.: (30) 10 328 64 01-3  

Φαξ: (30) 10 328 64 04 

SPAIN 

Ministerio de Economía 

Dirección General de Comercio Inversiones 

Paseo de la Castellana, 162 

E-28046 Madrid 

Tel. (34) 913 49 38 60 

Fax (34) 914 57 28 63 

FRANCE 

Ministère de l'économie, des finances et de l'industrie 

Direction générale des douanes et des droits indirects 

Cellule embargo - Bureau E2 

Tél.: (33) 1 44 74 48 93 

Télécopieur: (33) 1 44 74 48 97 

Ministère des affaires étrangères 

Direction des Nations unies et des organisations internationales 

Tél.: (33) 1 43 17 59 68 

10 

 
 
  
 
Télécopieur: (33) 1 43 17 46 91 

IRELAND 

Department of Enterprise 

Trade and Employment Licensing Unit 

Earlsfort Centre 

Lower Hatch St. 

Dublin 2  

Ireland 

Tel. (353) 1 631 2121 

Fax (353) 1 631 2562 

ITALY 

Ministero degli Affari esteri  

D.G.A.E.-Uff. X  

Roma 

Tel. (39) 06 36 91 37 50 

Fax (39) 06 36 91 37 52 

Ministero del Commercio estero 

Gabinetto 

Roma 

Tel. (39) 06 59 93 23 10 

Fax (39) 06 59 64 74 94 

Ministero dei Trasporti  

Gabinetto 

Roma 

Tel. (39) 06 44 26 71 16/84 90 40 94 

Fax (39) 06 44 26 71 14 

11 

 
 
  
 
LUXEMBOURG 

Ministère des affaires étrangères 

Office des Licences 

21, rue Philippe II 

L - 2340 Luxembourg  

Tel. (352) 478 23 70 

Fax (352) 46 61 38 

NETHERLANDS 

Ministerie van Buitenlandse Zaken 

Directie Verenigde Naties 

Afdeling Politieke Zaken 

2594 AC Den Haag 

Nederland 

Tel. (31) 70 348 42 06 

Fax (31) 70 348 67 49 

AUSTRIA 

Bundesministerium für wirtschaftliche Angelegenheiten 

Abteilung C/2/2 

Landstraßer Hauptstraße 55-57 

A-1030 Wien 

Tel. (43-1) 711 00  

Fax (43-1) 711 00-8386 

12 

 
 
  
 
PORTUGAL 

Ministério dos Negócios Estrangeiros 

Direcção-Geral dos Assuntos Multilaterais 

Largo Rilvas 

P - 1350-179 Lisboa 

Tel. (351) 21 394 60 72  

Fax (351) 21 394 60 73 

FINLAND 

Ulkoasiainministeriö/Utrikesministeriet 

PL/PB 176 

00161 Helsinki/Helsingfors 

Tel. (358) 9 16 05 59 00 

Fax (358) 9 16 05 57 07 

Puolustusministeriö/Försvarsministeriet 

Eteläinen Makasiinikatu 8 

00131 Helsinki/Helsingfors 

PL/PB 31 

Tel. (358) 9 16 08 81 28 

Fax (358) 9 16 08 81 11 

SWEDEN 

Inspektionen för strategiska produkter (ISP) 

Box 70 252 

107 22 Stockholm 

Tel. (46) 8 406 31 00 

Fax (46) 8 20 31 00 

13 

 
 
  
 
Regeringskansliet 

Utrikesdepartementet 

Rättssekretariatet för EU-frågor 

Fredsgatan 6 

103 39 Stockholm  

Tel. (46) 8 405 10 00  

Fax (46) 8 723 11 76 

UNITED KINGDOM 

Foreign and Commonwealth Office Sanctions Unit 

United Nations Department 

King Charles Street  

London SW1A 2AH  

United Kingdom  

Tel. (44) 207 72 70 36 39  

Fax (44) 207 72 70 14 73 

Export Control Organisation 

Department of Trade and Industry 

Kingsgate House 

66-74 Victoria Street 

London SW1E 6SW 

United Kingdom 

Tel. (44) 171 215 6740 

Fax (44) 171 222 0612 

14 

 
 
  
 
ANNEX II 

Rough diamonds referred to in Article 6(1) 

CN code 

Product description 

7102 10 00 

7102 21 00 

7102 31 00 

7105 10 00 

Unsorted diamonds, unworked and not mounted 
or set 

Industrial  diamonds,  unworked  or  simply  sawn, 
cleaved or bruted 

Non-industrial  diamonds,  unworked  or  simply 
sawn, cleaved or bruted 

Dust and powder of diamonds 

15 

 
 
  
 
 
 
 
 
CN code 

4401 

4402  

4403 

4404 

4405 

4406  

4407  

4408  

4409  

4410  

ANNEX III 

Round logs and timber products referred to in Article 6(2) 

Product description 

Fuel wood, in logs, in billets, in twigs, in faggots 
or  in  similar  forms;  wood  in  chips  or  particles; 
sawdust  and  wood  waste  and  scrap,  whether  or 
not  agglomerated  in  logs,  briquettes,  pellets  or 
similar forms 

Wood charcoal (including shell or nut charcoal), 
whether or not agglomerated 

Wood  in  the  rough,  whether  or  not  stripped  of 
bark or sapwood, or roughly squared 

Hoopwood; split poles; piles, pickets and stakes 
of  wood,  pointed  but  not  sawn  lengthwise; 
wooden sticks, roughly trimmed but not turned, 
bent  or  otherwise  worked,  suitable  for  the 
manufacture  of  walking-sticks,  umbrellas,  tool 
handles or the like; chipwood and the like 

Wood wool; wood flour 

Railway  or  tramway  sleepers  (cross-ties)  of 
wood 

Wood  sawn  or  chipped  lengthwise,  sliced  or 
peeled,  whether  or  not  planed,  sanded  or  end-
jointed, of a thickness exceeding 6 mm 

Sheets  for  veneering  (including  those  obtained 
by  slicing  laminated  wood),  for  plywood  or  for 
other  similar  laminated  wood  and  other  wood, 
sawn  lengthwise,  sliced  or  peeled,  whether  or 
not  planed,  sanded,  spliced  or  end-jointed,  of  a 
thickness not exceeding 6 mm 

Wood  (including  strips  and  friezes  for  parquet 
flooring,  not  assembled)  continuously  shaped 
(tongued,  grooved,  rebated,  chamfered,  V-
jointed,  beaded,  moulded,  rounded  or  the  like) 
along any of its edges, ends or faces, whether or 
not planed, sanded or end-jointed 

Particle  board  and  similar  board  (for  example, 
oriented  strand  board  and  waferboard)  of  wood 
or  other  ligneous  materials,  whether  or  not 
agglomerated  with  resins  or  other  organic 

16 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
4411  

4412  

4413  

4414  

4415  

4416  

4417  

4418  

4419  

4420  

4421  

4701  

4702  

4703  

4704  

4705  

binding substances 

Fibreboard of wood or other ligneous materials, 
whether  or  not  bonded  with  resins  or  other 
organic substances 

Plywood, veneered panels and similar laminated 
wood 

Densified  wood,  in  blocks,  plates,  strips  or 
profile shapes 

Wooden  frames  for  paintings,  photographs, 
mirrors or similar objects 

Packing  cases,  boxes,  crates,  drums  and  similar 
packings,  of  wood;  cable-drums  of  wood; 
pallets,  box  pallets  and  other  load  boards,  of 
wood; pallet collars of wood 

Casks,  barrels,  vats,  tubs  and  other  coopers' 
products  and  parts  thereof,  of  wood,  including 
staves 

Tools, tool bodies, tool handles, broom or brush 
bodies and handles, of wood; boot or shoe lasts 
and trees, of wood 

Builders' 
joinery  and  carpentry  of  wood, 
including  cellular  wood  panels,  assembled 
parquet panels, shingles and shakes 

Tableware and kitchenware, of wood 

Wood  marquetry  and  inlaid  wood;  caskets  and 
cases  for  jewellery  or  cutlery,  and  similar 
articles, of wood; statuettes and other ornaments, 
of wood; wooden articles of furniture not falling 
in Chapter 94 CN 

Other articles of wood 

Mechanical wood pulp 

Chemical wood pulp, dissolving grades 

Chemical  wood  pulp,  soda  or  sulphate,  other 
than dissolving grades 

Chemical  wood  pulp,  sulphite,  other 
dissolving grades 

than 

Wood  pulp  obtained  by  a  combination  of 

17 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9401 61 

9401 69 

9403 30 

9403 40 

9403 50 

9403 60 

mechanical and chemical pulping processes 

Other seats, with wooden frames 

Wooden furniture of a kind used in offices 

Wooden furniture of a kind used in the kitchen 

Wooden furniture of a kind used in the bedroom 

Other wooden furniture 

9406 00 20 

Prefabricated buildings of wood 

18