Proposal for a Council Regulation imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire
Date: 2004-12-28
Institutions: European Commission
Subjects: Côte d'Ivoire, arms control, economic sanctions, international sanctions, military cooperation, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.12.2004 
COM(2004)844 final 

Proposal for a 

COUNCIL REGULATION 

imposing restrictions on the supply of assistance related to military activities to Côte 
d’Ivoire 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

In  view  of  recent  developments  in  Côte  d’Ivoire,  and  notably  the  resumption  of 
hostilities  and  repeated  violations  of  the  ceasefire  agreement  of  3  May  2003,  the 
United  Nations  Security  Council  decided  on  15  November  2004  to  impose  certain 
restrictive measures against Côte d’Ivoire.  

The restrictive measures decided by the Security Council in its Resolution 1572 (2004) 
include,  inter  alia,  the  immediate  application  of  an  embargo  on  technical  assistance 
related to military activities. 

The embargo on technical assistance related to military activities falls within the scope 
of  the  Treaty.  The  Commission  proposes  to  implement  it  by  means  of  a  Council 
Regulation. 

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Proposal for a 

COUNCIL REGULATION 

imposing restrictions on the supply of assistance related to military activities to Côte 
d’Ivoire 

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/xxx/CFSP  of  xx  December  2004 
concerning restrictive measures against Côte d’Ivoire,1 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

In its Resolution 1572 (2004) of 15 November 2004, the UN Security Council, acting 
under Chapter VII of the Charter of the United Nations, and noting the resumption of 
hostilities in Côte d’Ivoire and the repeated violations of the ceasefire agreement of 3 
May 2003, decided to impose certain restrictive measures against Côte d’Ivoire. 

Common Position 2004/XXX/CFSP provides for the implementation of the measures 
set out in UN Security Council Resolution (UNSCR) 1572 (2004), including a ban on 
technical and financial assistance related to military activities. 

This measure falls within the scope of the Treaty and, therefore, in order to avoid any 
distortion of competition, Community legislation is necessary to implement it as far as 
the Community is  concerned.  For the purpose of this Regulation, the territory of  the 
Community is deemed to encompass the territories of the Member States to which the 
Treaty is applicable, under the conditions laid down in that Treaty. 

(4) 

In order to ensure that the measures provided for in this Regulation are effective, this 
Regulation should enter into force on the day following that of its publication, 

HAS ADOPTED THIS REGULATION: 

For the purposes of this Regulation, the following definitions shall apply: 

Article 1 

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OJ L  
OJ C , , p. . 

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(1) 

(2) 

“technical  assistance”  means  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  knowledge  or  skills  or  consulting  services;  technical 
assistance includes verbal forms of assistance; 

‘Sanctions  Committee’  means  the  Committee  of  the  Security  Council  of  the 
United Nations which was established pursuant to paragraph 14 of UN Security 
Council Resolution (UNSCR) 1572 (2004). 

It shall be prohibited: 

Article 2  

(a) 
to  grant,  sell,  supply  or  transfer  technical  assistance  related  to  military 
activities  directly  or  indirectly  to  any  person,  entity  or  body  in,  or  for  use  in,  Côte 
d’Ivoire; 

(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,  or  for  any  grant,  sale,  supply,  or 
transfer of related technical assistance and other services, directly or indirectly to any 
person, entity or body in, or for use in, Côte d’Ivoire.  

(c) 
to participate, knowingly and intentionally, in activities the object or effect of 
which is, directly or indirectly, to promote the transactions referred to in paragraphs 
(a) and (b). 

(1) 

By way of derogation from Article 2, the competent authority, as listed in Annex I, of 
the  Member  State  where  the  service  provider  is  established,  may  authorise  the 
provision of: 

Article 3 

(a) 
technical  assistance,  financing  and  financial  assistance  related  to  arms  and 
related materiel, where such assistance or services are intended solely for support of 
and use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French 
forces who support it, or of 

(b) 

financing and financial assistance, and other services related to 

(i) 

arms  and  related  materiel  intended  solely  for  support  of  or  use  in  the 
process  of  restructuring  defence  and  security  forces  pursuant  to 
paragraph  3,  subparagraph  (f)  of  the  Linas-Marcoussis  Agreement,  or 
to 

(ii) 

non-lethal  military  equipment  intended  solely  for  humanitarian  or 
protective use. 

(2) 

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

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Article 4 

(1)  Where  such  activities  have  been  approved  in  advance  by  the  Sanctions  Committee, 
and by way of derogation from Article 2 of this Regulation, the competent authority, 
as  listed  in  Annex  I,  of  the  Member  State  where  the  service  provider  is  established, 
may authorise the provision of technical assistance related to 

(a) 

arms and related materiel intended solely for support of or use in the process of 
restructuring  defence  and  security 
to  paragraph  3, 
forces  pursuant 
subparagraph (f) of the Linas-Marcoussis Agreement, or to 

(b) 

non-lethal  military  equipment  intended  solely  for  humanitarian  or  protective 
use. 

Such approval shall be obtained through the competent authority, as listed in Annex I, 
of the Member State where the service provider is established. 

(2) 

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

Article 5 

Article  2  shall  not  apply  to  protective  clothing,  including  flak  jackets  and  military  helmets, 
temporarily exported to Côte d’Ivoire by United Nations personnel, personnel of the European 
Union, the Community or its Member States, representatives of the media and humanitarian 
and development workers and associated personnel, for their personal use only. 

Article 6 

The  Commission  and  Member  States  shall  immediately  inform  each  other  of  the  measures 
taken under this Regulation and shall supply each other with any other relevant information at 
their  disposal  in  connection  with  this  Regulation,  in  particular  information  in  respect  of 
violation and enforcement problems and judgements handed down by national courts. 

The Commission shall be empowered to amend Annex I on the basis of information supplied 
by Member States. 

Article 7 

Article 8 

The Member States shall lay down the rules on sanctions applicable to infringements of the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented. The sanctions provided for must be effective, proportionate and dissuasive. The 
Member States shall notify those rules to the Commission without delay after the entry into 
force of this Regulation and shall notify it of any subsequent amendment. 

This Regulation shall apply: 

Article 9 

(a)  within the territory of the Community, including its airspace; 

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(b) 

on board any aircraft or any vessel under the jurisdiction of a Member State; 

to  any  person  inside  or  outside  the  territory  of  the  Community  who  is  a 

(c) 
national of a Member State; 

to any legal person, group or entity which is incorporated or constituted under 

(d) 
the law of a Member State; 

(e) 

to any legal person, group or entity doing business within the Community. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 10 

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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ANNEX I 

List of competent authorities referred to in Articles 3 and 4 

(to be completed by the Member States) 

BELGIUM 

CZECH REPUBLIC 

DENMARK 

GERMANY 

ESTONIA 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

CYPRUS 

LATVIA 

LITHUANIA 

LUXEMBOURG 

HUNGARY 

MALTA 

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NETHERLANDS 

AUSTRIA 

POLAND 

PORTUGAL 

SLOVENIA 

SLOVAKIA 

FINLAND 

SWEDEN 

UNITED KINGDOM 

EUROPEAN COMMUNITY 

Commission of the European Communities 

Directorate-General for External Relations 

Directorate CFSP 

Unit A.2: Legal and institutional matters for external relations - Sanctions 

CHAR 12/163 

B - 1049 Bruxelles/Brussel 

Tel. (32-2) 296 25 56 

Fax (32-2) 296 75 63 

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