Council Regulation (EC) No 1353/2004 of 26 July 2004 amending Regulation (EC) No 131/2004 concerning certain restrictive measures in respect of Sudan
Date: 2004-07-26
Institutions: Council of the European Union
Subjects: Sudan, common foreign and security policy, derogation from EU law, financial aid, international sanctions, military equipment, non-lethal weapon, peacekeeping, technical cooperation

27.7.2004

EN

Official Journal of the European Union

L 251/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1353/2004

of 26 July 2004

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

THE COUNCIL OF THE EUROPEAN UNION,

2004/510/CFSP on 10 June 2004 by providing for an
additional
crisis
management operations of the African Union.

exemption to

embargo

the

for

Having regard to the Treaty
Community, and in particular Articles 60 and 301 thereof,

establishing the European

Having regard to Council Common Position 2004/510/CFSP of
10 June 2004 amending Common Position 2004/31/CFSP
concerning the imposition of an embargo on arms, munitions
and military equipment on Sudan (1),

(3)

(4)

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 2004/510/CFSP was adopted,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

Council Common Position 2004/31/CFSP (2) 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
technical and
Sudan. The ban on the provision of
financial assistance related to military activities is imple-
mented at Community level by Regulation (EC) No
131/2004 concerning certain restrictive measures
in
respect of Sudan (3).

In view of recent developments in Sudan and the region,
including the signature on 8 April 2004 of a Humani-
tarian 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
amended by Common Position
2004/31/CFSP was

Article 1

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

‘Article 4

1.
the
By way of derogation from Articles 2 and 3,
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) non-lethal military equipment intended solely for huma-
nitarian or protective use, or
institution-building
programmes of the United Nations, the African Union,
the European Union and the Community;

for

(b) materiel

intended for European Union and United

Nations crisis management operations;

(1) OJ L 209, 11.6.2004, p. 28.
(2) OJ L 6, 10.1.2004, p. 55. Common Position as amended by
Common Position 2004/510/CFSP (OJ L 209, 11.6.2004, p. 28).

(3) OJ L 21, 28.1.2004, p. 1.

(c) mine clearance equipment and materiel for use in mine

clearance;

L 251/2

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Official Journal of the European Union

27.7.2004

(d) African Union crisis management operations,

including

materiel intended for such operations.

No authorisations shall be granted for activities that

2.
have already taken place.’

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 10 June 2004.

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

Done at Brussels, 26 July 2004.

For thr Council
The President

B. BOT