Proposal for a Council Regulation amending Regulation (EC) No 131/2004 concerning certain restrictive measures in respect of Sudan
Date: 2004-06-16
Institutions: European Commission
Subjects: Sudan, aid system, derogation from EU law, international sanctions, military equipment, non-lethal weapon

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.06.2004 
COM(2004) 442 final 

. 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 131/2004 concerning certain restrictive measures in 
respect of Sudan 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

Common Position 2004/31/CFSP of 9 January 2004 provides for an embargo on arms, 
munitions  and  military  equipment  for  Sudan,  including  a  ban  on  the  provision  of 
technical and financial assistance related to military activities in Sudan. The ban on the 
provision  of  technical  and  financial  assistance  related  to  military  activities  is 
implemented  at  Community  level  by  Council  Regulation  (EC)  No  131/2004  of  26 
January 2004. 

In view of recent developments in Sudan and the region, including the signature on 8 
April of a Humanitarian Ceasefire Agreement on the Conflict in Darfur, and in view of 
the planned deployment of an African Union-led Ceasefire Commission in Sudan, the 
EU  wishes  to  support  specific  efforts  to  promote  lasting  peace  and  reconciliation  in 
Sudan. 

The  Council  has  therefore  adopted  Common  Position  2004/…./CFSP  of  ….., 
providing  for  an  additional  exemption  to  the  embargo  for  the  African  Union-led 
Ceasefire Commission. Certain exemptions relate to the embargo on certain assistance 
and services related to military activities, and on financial assistance for arms supplies 
and  related  technical  assistance,  which  falls  within  the  scope  of  the  Treaty.  The 
Commission  therefore  proposes  to  amend  Council  Regulation  (EC)  No  131/2004  to 
bring it in line with that Common Position. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 131/2004 concerning certain restrictive measures in 
respect of Sudan 

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  amending  Common  Position 
2004/31/CFSP  concerning  the  imposition  of  an  embargo  on  arms,  munitions  and  military 
equipment on Sudan1, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Common  Position  2004/31/CFSP  of  9  January  20043  provides  for  an  embargo  on 
arms, munitions and military equipment for Sudan, including a ban on the provision of 
technical and financial assistance related to military activities in Sudan. The ban on the 
provision  of  technical  and  financial  assistance  related  to  military  activities  is 
implemented  at  Community  level  by  Council  Regulation  (EC)  No  131/2004  of  26 
January 2004 concerning certain restrictive measures in respect of Sudan4. 

In view of recent developments in Sudan and the region, including the signature on 8 
April 2004 of a Humanitarian Ceasefire Agreement on the Conflict in Darfur, and in 
view  of  the  planned  deployment  of  an  African  Union-led  Ceasefire  Commission  in 
Sudan,  Common  Position  2004/31/CFSP  was  amended  by  Common  Position 
2004/…./CFSP on….., providing for an additional exemption to the embargo for crisis 
management operations of the African Union. 

That  exemption  also  applies  to  the  embargo  on  certain  financial  and  technical 
assistance. Regulation (EC) No 131/2004 should therefore be amended accordingly. 

In  order  to  ensure  that  the  exemption  becomes  effective  as  soon  as  possible,  this 
Regulation  should  enter  into  force  immediately  and  apply  from  the  date  on  which 
Common Position 2004/…/CFSP was adopted, 

1 
2 
3 
4 

OJ L […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 6, 10.1.2004, p. 55. 
OJ L 21, 28.1.2004, p. 1. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Article 4 of Regulation (EC) No 131/2004 is replaced by the following: 

“1. 
By  way  of  derogation  from  Articles  2  and  3,  the  competent  authorities  of  Member 
States as listed in the Annex, may authorise the provision of financing and financial assistance 
and technical assistance related to 

a) 

b) 

c) 

d) 

non-lethal military equipment intended solely for humanitarian or protective use, or 
for  institution-building  programmes  of  the  United  Nations,  the  African  Union,  the 
European Union and the Community; 

materiel  intended  for  European  Union  and  United  Nations  crisis  management 
operations; 

mine clearance equipment and materiel for use in mine clearance; 

African  Union  crisis  management  operations,  including  materiel  intended  for  such 
operations. 

2. 

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

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. It shall apply from […] June 2004. 

Article 2 

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

Done at Brussels, […] 

For the Council 
The President 

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