Council Common Position 2004/137/CFSP of 10 February 2004 concerning restrictive measures against Liberia and repealing Common Position 2001/357/CFSP
Date: 2004-02-10
Institutions: Council of the European Union
Subjects: Liberia, civil war, financial aid, free movement of persons, international sanctions, precious stones

12.2.2004

EN

Official Journal of the European Union

L 40/35

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

COUNCIL COMMON POSITION 2004/137/CFSP

of 10 February 2004

concerning restrictive measures against Liberia and repealing Common Position 2001/357/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

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

Whereas:

On 7 May 2001 the Council adopted Common Position
2001/357/CFSP (1)
restrictive measures
against Liberia, so as to implement UN Security Council
Resolution 1343 (2001).

concerning

Common Position 2001/357/CFSP, as extended by
Council Common Position 2002/457/CFSP (2), was
amended by Council Common Positions 2003/365/
CFSP (3), 2003/666/CFSP (4) and 2003/771/CFSP (5) so as
to implement subsequent related UN Security Council
Resolutions (UNSCRs).

On 22 December 2003,
the UN Security Council
adopted Resolution 1521 (2003), which revised the
action under
Security Council's determination for
Chapter VII by terminating the measures set out
in
UNSCR 1343 (2001) and related resolutions, and setting
out revised measures to be imposed against Liberia.

(1)

(2)

(3)

(4)

Article 1

1.

(a) Under the conditions set out in UNSCR 1521 (2003),
the sale, supply, transfer or export of arms and related
material of all types, including weapons and ammuni-
tion, military vehicles and equipment, paramilitary
equipment and spare parts for the aforementioned, to
Liberia by nationals of Member States or from the terri-
tories of Member States or using their flag vessels or
aircraft is prohibited, whether or not originating in their
territories.

(b) It is also prohibited:

— to grant, sell, supply or transfer technical assistance,
brokering services and other services related to mili-
tary activities and to the provision, manufacture,
maintenance and use of items in subparagraph (a),
directly or indirectly to any person, entity or body
in, or for use in, Liberia,

— to provide financing or financial assistance related to
including in particular grants,
military activities,
for any sale,
loans and export credit
supply, transfer or export of items in subparagraph
(a), directly or indirectly to any person, entity or
body in, or for use in Liberia.

insurance,

In order to implement
financing or
financial assistance related to military activities, which
are not cited in UNSCR 1521 (2003), should also be
prohibited.

these measures,

2.

Paragraph 1 shall not apply to:

(5)

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

(1) OJ L 126, 8.5.2001 p. 1. Common Position as last amended by
Common Position 2003/771/CFSP (OJ L 278, 29.10.2003, p. 50).

(2) OJ L 155, 14.6.2002, p. 62.
(3) OJ L 124, 20.5.2003, p. 49.
(4) OJ L 235, 23.9.2003, p. 28.
(5) OJ L 278, 29.10.2003, p. 50.

(a) arms and related material and technical training and assis-
tance intended solely for support of or use by the United
Nations Mission in Liberia;

(b) arms and related material and technical training and assis-
tance intended solely for support of or use in an interna-
tional
training and reform programme for the Liberian
armed forces and police, as approved in advance by the
Committee established by paragraph 21 of UNSCR 1521
(2003) (the Committee);

L 40/36

EN

Official Journal of the European Union

12.2.2004

(c) non-lethal military equipment intended solely for humani-
tarian or protective use, and related technical assistance or
training, as approved in advance by the Committee;

(d) protective clothing,

including flak jackets and military
helmets, temporarily exported to Liberia by United Nations
personnel, representatives of the media and humanitarian
and development workers and associated personnel,
for
their personal use only.

3.
The supply, sale or transfer of arms and related material
or the provision of services, referred to in paragraph 2(a), (b)
and (c), shall be subject to an authorisation granted by the
competent authorities of the Member States. Member States
shall consider deliveries under paragraph 2(a), (b) and (c) 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 safeguards against misuse of
authorisation granted pursuant to this paragraph and, where
appropriate, make provisions for repatriation of the delivered
arms and related material.

For the purposes of this Common Position,

4.
‘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.

Article 2

1.
Under the conditions set out in UNSCR 1521 (2003),
Member States shall take the necessary measures to prevent
entry into, or transit through, their territories of the all indivi-
duals, designated by the Committee, who:

(a) constitute a threat to the peace process in Liberia or are
engaged in activities aimed at undermining peace and stabi-
lity in Liberia and the subregion including those senior
members of former President Charles Taylor's Government
and their spouses and members of Liberia's former armed
forces who retain links to former President Charles Taylor;

(b) are in violation of the prohibition on the sale, supply,
transfer or export of arms and related material of all types,
including weapons and ammunition, military vehicles and
equipment, paramilitary equipment and spare parts for the
aforementioned, or of the prohibition on the provision of
technical training or assistance related to the provision,
manufacture, maintenance or use of such items;

(c) provide financial or military support to armed rebel groups
in Liberia or in countries in the region or are associated
with entities so doing.

Nothing in paragraph 1 shall oblige a State to refuse

2.
entry into its territory to its own nationals.

The measures in paragraph 1 shall continue to apply to
3.
the individuals already designated pursuant to paragraph 7(a)
of UNSCR 1343 (2001), pending the designation of individuals
by the Committee.

Paragraph 1 shall not apply where the Committee deter-
4.
mines that such travel is justified on the grounds of humani-
tarian need,
including religious obligation, or where the
Committee concludes that an exemption would otherwise
further the objectives of the UN Security Council's resolutions
for the creation of peace, stability and democracy in Liberia
and lasting peace in the subregion.

Article 3

import of all rough diamonds from
The direct or indirect
Liberia to the Community, whether or not such diamonds
originated in Liberia, shall be prohibited under the conditions
set out in UNSCR 1521 (2003).

Article 4

The import into the Community of all round logs and timber
products originating in Liberia shall be prohibited, under the
conditions set out in UNSCR 1521 (2003).

Article 5

This Common Position shall apply until 22 December 2004
unless the Council decides otherwise in accordance with any
future relevant UN Security Council resolution.

Common Position 2001/357/CFSP is hereby repealed.

Article 6

Article 7

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

It shall be applicable from 22 December 2003.

Article 8

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

Done at Brussels, 10 February 2004.

For the Council

The President

C. McCREEVY