2004/553/CFSP: Council Common Position 2004/553/CFSP of 19 July 2004 amending Common Position 2003/495/CFSP on Iraq
Date: 2004-07-19
Institutions: Council of the European Union
Subjects: Iraq, development aid, economic sanctions, military equipment, trade restriction, trading operation

L 246/32

EN

Official Journal of the European Union

20.7.2004

COUNCIL COMMON POSITION 2004/553/CFSP

of 19 July 2004

amending Common Position 2003/495/CFSP on Iraq

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Action by the Community is needed in order
implement certain measures.

to

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

(5)

Council Common Position 2003/495/CFSP
therefore be amended,

should

Whereas:

HAS ADOPTED THIS COMMON POSITION:

(1)

(2)

On 7 July 2003 the Council adopted Common Position
2003/495/CFSP (1) on Iraq in implementation of
the
United Nations Security Council Resolution (UNSCR)
1483 (2003).

Article 1

Article 1 of Common Position 2003/495/CFSP shall be replaced
by the following:

On 8 June 2004, the United Nations Security Council
adopted UNSCR 1546 (2004) welcoming the formation
of a sovereign Interim Government of Iraq which would
assume full responsibility and authority by 30 June 2004
for governing Iraq, by 30 June 2004 the occupation of
the Coalition Provisional Authority
Iraq would end,
would cease to exist and Iraq would reassert
its full
sovereignty, but stressing the importance for all States
to abide by the prohibitions related to the sale or
supply to Iraq of arms and related material established
by UNSCR 661 (1990) and subsequent relevant Reso-
lutions
than
including UNSCR 1483 (2003), other
those
required by the
arms
force estab-
Government of
lished under UNSCR 1511 (2003), and recalling the
continuing obligations of Member States to freeze and
transfer certain funds, assets, and economic resources
under UNSCR 1483 (2003), as well as the continuing
prohibitions on or obligations of States related to items
specified in paragraphs 8 and 12 of UNSCR 687 (1991)
or activities described in paragraph 3(f) of UNSCR 707
(1991).

Iraq or the multinational

and related material

‘Article 1

1.
The sale, supply, transfer or export of arms and related
including weapons and ammunition,
material of all types,
military vehicles and equipment, paramilitary equipment
and spare parts
to Iraq 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.

aforementioned,

the

for

2. Without prejudice to the prohibitions on or obligations
of Member States related to items specified in paragraphs 8
and 12 of UNSCR 687 (1991) of 3 April 1991 or activities
described in paragraph 3(f) of UNSCR 707 (1991) of 15
August 1991, paragraph 1 of this Article shall not apply to
the sale, supply,
transfer or export of arms and related
material required by the Government of Iraq or the multi-
to
national
serve the purposes of UNSCR 1546 (2004).

force established under UNSCR 1511 (2003)

(3)

On 28 June 2004 the Coalition Provisional Authority
ceased to exist and Iraq reasserted its full sovereignty.

(1) OJ L 169, 8.7.2003, p. 72. Commission Position amended by
Commission Position 2003/735/CFSP (OJ L 264, 15.10.2003, p.
40).

3.
The sale, supply, transfer or export of arms and related
material referred to in paragraph 2 shall be subject to an
authorisation granted by the competent authorities of the
Member States.’.

20.7.2004

EN

Official Journal of the European Union

L 246/33

Article 2

Article 4

5

of

provisions

Position
The
Common
in Article
2003/495/CFSP shall continue to apply, except
the
that
privileges and immunities provided for in Article 5(1), 5(2)(a)
and 5(2)(b) shall not apply with respect to any final judgement
arising out of a contractual obligation entered into by Iraq after
30 June 2004.

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

Done at Brussels, 19 July 2004.

Article 3

This Common Position shall
adoption. It shall apply from 28 June 2004.

take effect on the date of

its

For the Council

The President

P. H. DONNER