Council Common Position 2004/852/CFSP of 13 December 2004 concerning restrictive measures against Côte d'Ivoire
Date: 2004-12-13
Institutions: Council of the European Union
Subjects: Côte d'Ivoire, EU aid, admission of aliens, arms control, economic sanctions, establishment of peace, financial aid, human rights, military cooperation, technical cooperation

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Official Journal of the European Union

15.12.2004

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

COUNCIL COMMON POSITION 2004/852/CFSP

of 13 December 2004

concerning restrictive measures against Côte d'Ivoire

THE COUNCIL OF THE EUROPEAN UNION,

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

violations of human rights and international humani-
tarian law in Côte d'Ivoire on the basis of relevant infor-
mation, any other person who incites publicly hatred and
violence and any other person determined by the
Committee to be in violation of measures imposed
under the arms embargo.

Whereas:

(1)

supply,

indirect

On 15 November 2004 the United Nations Security
Council adopted Resolution 1572 (2004), hereinafter
referred to as ‘UNSCR 1572 (2004)’, prohibiting the
direct or
to Côte
territories or by their
d'Ivoire,
nationals, or using their flag vessels or aircraft, of arms
or any related materiel, in particular military aircraft and
equipment, whether or not originating in their territories,
as well as the provision of any assistance, advice or
training related to military activities.

from Member States'

sale or

transfer

(2)

In order to implement
financing or
financial assistance related to military activities should
also be prohibited.

these measures,

(4)

(5)

controlled directly or

UNSCR 1572 (2004) furthermore imposes a freeze of
funds, other financial assets and economic resources,
indirectly by the
owned or
persons designated by the Committee or held by
entities owned or controlled directly or indirectly by
any persons acting on their behalf or at their direction,
as designated by the Committee, and that no funds,
are made
economic
financial
available to or for the benefit of such persons or entities.

assets or

resources

Paragraph 19 of UNSCR 1572 (2004) provides that the
measures relating to the entry into or transit through
Member States' territories and to the freezing of funds,
financial assets and economic resources shall enter into
force on 15 December 2004, unless the Security Council
shall determine before then that the signatories of the
Linas-Marcoussis and Accra III Agreements have imple-
the Accra III
mented all
Agreement and are embarked towards full
implemen-
tation of the Linas-Marcoussis Agreement.

their commitments under

(3)

UNSCR 1572 (2004) also imposes measures to prevent
the entry into or transit through Member States' terri-
tories of all persons designated by the Committee estab-
that Resolution (‘the
lished by paragraph 14 of
Committee’), who constitute a threat to the peace and
national
in
particular those who block the implementation of the
Linas-Marcoussis and Accra III Agreements, and any
serious
other person determined as

reconciliation process

in Côte d'Ivoire,

responsible for

(6)

On 22 November 2004, the Council stated that in order
to further contribute to peace in Côte d'Ivoire and to
prevent destabilisation of
the EU will
continue to support initiatives taken by the Economic
Community of West African States (ECOWAS) and the
African Union (AU).

the subregion,

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(7)

The Council also reaffirmed the EU's strong commitment
to supporting
Linas-
Marcoussis and Accra Agreements by all appropriate
means.

implementation of

the

the

(b) 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, as well as equipment
which might be used for internal repression, directly or
indirectly, to any person, entity or body in, or for use in
Côte d'Ivoire.

(8)

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

to

Article 3

1.

Article 2 shall not apply to:

HAS ADOPTED THIS COMMON POSITION:

Article 1

(a)

supplies and technical assistance intended solely for the
support of or use by the United Nations Operation in
Côte d'Ivoire and the French forces who support them;

For the purposes of this Common Position, the term ‘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
of working
instruction,
knowledge or skills or consulting services; technical assistance
includes verbal forms of assistance.

transmission

training,

advice,

Article 2

types,

The sale, supply, transfer or export of arms and related
1.
materiel of all
including weapons and ammunition,
military vehicles and equipment, paramilitary equipment and
spare parts for
the aforementioned, as well as equipment
which might be used for internal repression, to Côte d'Ivoire
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.

2.

It shall also be prohibited:

(a)

sell,

transfer

supply, or

to grant,
technical assistance,
brokering services and other services related to military
activities and to the provision, manufacture, maintenance
types,
and use of arms and related materiel of all
including weapons and ammunition, military vehicles and
equipment, paramilitary equipment, and spare parts for the
aforementioned, as well as equipment which might be used
for internal repression, directly or indirectly, to any person,
entity or body in, or for use in Côte d'Ivoire;

(b) — the sale,

supply,

transfer or export of non-lethal
intended solely for humanitarian
military equipment
or protective use,
including such equipment intended
for EU, UN, African Union and ECOWAS crisis
management operations,

— the provision of

financing and financial assistance

related to such equipment,

— the provision of

technical assistance and training

related to such equipment,

as approved in advance by the Committee;

(c)

(d)

the sale, supply, transfer or export of protective clothing,
including flak jackets and military helmets,
temporarily
exported to Côte d'Ivoire by United Nations personnel,
personnel of
its Member
States, representatives of the media and humanitarian and
development workers and associated personnel for their
personal use only;

the Community or

the EU,

in accordance with international

sales or supplies temporarily transferred or exported to
Côte d'Ivoire to the forces of a State which is taking
law, solely and
action,
directly to facilitate the evacuation of
its nationals and
those for whom it has consular responsibility in Côte
d'Ivoire, as notified in advance to the Committee;

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(e)

the sale, supply, transfer or export of arms and related
materiel and technical
training and assistance intended
solely for support of or use in the process of restructuring
defence and security forces pursuant
to paragraph 3,
the Linas-Marcoussis Agreement, as
subparagraph (f) of
approved in advance by the Committee.

designated by the Committee or held by entities owned or
controlled directly or indirectly by any persons acting on their
behalf or at their direction, as designated by the Committee,
shall be frozen.

Article 4

2.
No funds, financial assets or economic resources shall be
made available directly or indirectly to or for the benefit of such
persons or entities designated by the Committee.

shall

take the necessary measures

1. Member States
to
prevent the entry into, or transit through, their territories of
the persons designated by the Committee, who constitute a
threat to the peace and national reconciliation process in Côte
d'Ivoire, in particular those who block the implementation of
the Linas-Marcoussis and Accra III Agreements, any other
person determined as responsible for serious violations of
human rights and international humanitarian law in Côte
d'Ivoire on the basis of
information, any other
person who incites publicly hatred and violence and any
other person determined by the Committee to be in violation
of measures imposed by paragraph 7 of UNSCR 1572 (2004).

relevant

Exemptions may be made for funds, other financial assets

3.
and economic resources which are:

(a) necessary for basic expenses, including payments for food-
stuffs, rent or mortgage, medicines and medical treatment,
taxes, insurance premiums, and public utility charges;

The relevant persons are listed in the Annex.

(b) intended exclusively for payment of reasonable professional
incurred expenses associated

fees and reimbursement of
with the provision of legal services;

Paragraph 1 shall not oblige a Member State to refuse its

2.
own nationals entry into its territory.

(c)

intended exclusively for payment of fees or service charges,
in accordance with national
laws, for routine holding or
frozen funds, other financial assets and
maintenance of
economic resources,

Paragraph 1 shall not apply where the Committee
3.
is justified on the grounds of urgent
determines that travel
humanitarian need,
including religious obligation, or where
the Committee concludes that an exemption would further
the objectives of
for peace and
national reconciliation in Côte d'Ivoire and stability in the
region.

the UNSC Resolutions,

after notification by the Member State concerned to the
Committee of the intention to authorise, where appropriate,
access to such funds, other financial assets and economic
resources and in the absence of a negative decision by the
Committee within two working days of such notification;

In cases where pursuant to paragraph 3, a Member State
4.
authorises the entry into, or transit through,
its territory of
persons designated by the Committee, the authorisation shall
be limited to the purpose for which it is given and to the
persons concerned thereby.

(d) necessary for extraordinary expenses, after notification by
the Member State concerned to and approval by the
Committee;

Article 5

1.
owned or controlled directly or

All funds, other financial assets and economic resources
indirectly by the persons

(e) subject of a judicial, administrative or arbitral

lien or
judgement, in which case the funds, other financial assets
and economic resources may be used to satisfy that lien or
judgement provided that the lien or judgement was entered
prior to the date of the UNSCR 1572, and is not for the
benefit of a person referred to in this Article, after notifi-
cation by the Member State concerned to the Committee.

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Paragraph 2 shall not apply to the addition to frozen

4.
accounts of:

unless the Council decides otherwise in the light of the deter-
mination by the Security Council on the fulfilment of
the
conditions set out in paragraph 19 of UNSCR 1572 (2004).

(a)

interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations
that were concluded or arose prior to the date on which
those accounts became subject to restrictive measures,

provided that any such interest, other earnings and payments
continue to be subject to paragraph 1.

Article 6

The Council shall establish the list contained in the Annex and
implement any modifications thereof on the basis of the deter-
mination made by the Committee.

Article 7

This Common Position shall
its
adoption, with the exception of the measures set out under
Articles 4 and 5, which shall apply as of 15 December 2004,

take effect on the date of

Article 8

This Common Position shall apply until 15 December 2005. It
shall be kept under constant review. It shall be renewed, or
amended as appropriate, if the Council deems that its objectives
have not been met.

Article 9

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

Done at Brussels, 13 December 2004.

For the Council

B. R. BOT
The President

ANNEX

List of persons referred to in Article 4

(Annex to be completed after designation by the Committee established by paragraph 14 of United Nations Security
Council Resolution 1572 (2004).)