Proposal for a Council Regulation amending Regulation (EC) No 131/2004 concerning certain restrictive measures in respect of Sudan
Date: 2005-05-04
Institutions: European Commission
Subjects: Sudan, humanitarian aid, international sanctions, military cooperation, military equipment, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.05.2005 
COM(2005)182 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 
exports  of  arms,  munitions  and  military  equipment  to  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  has  been  implemented  by  Council  Regulation  (EC)  No  131/2004  of  26 
January 2004. 

In view of recent developments in Sudan, and notably the continued violations of the 
N’djamena  Ceasefire  agreement  of  8  April  2004  and  the  Abuja  Protocols  of  9 
November 2004 by all sides in Darfur, and the failure of the Government of Sudan and 
rebel forces and all other armed groups in Darfur to comply with their commitments 
and the demands of the Security Council, the United Nations Security Council decided 
on 29 March 2005 to impose an arms embargo against all the parties of the N’djamena 
Ceasefire  Agreement  and  any  other  belligerents  in  Darfur.  The  United  Nations 
Security Council made provision for certain exemptions to the embargo. 

In order to align the existing EU embargo, which, unlike the UN embargo, affects all 
exports to Sudan, with the United Nations Security Council decision of 29 March, the 
Council  has  adopted  Common  Position  2005/…./CFSP  of  …..,  providing  for  an 
additional exemption to the embargo. The additional exemption relates to the embargo 
on technical and financial assistance as implemented by means of Council Regulation 
(EC) No 131/2004. The Commission therefore proposes to bring the Regulation 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  2005/…/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 Commission, 

Whereas: 

(1) 

(2) 

Common  Position  2004/31/CFSP  of  9  January  20042  provides  for  an  embargo  on 
exports  of  arms,  munitions  and  military  equipment  to  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  has  been  implemented  by  Council  Regulation  (EC)  No  131/2004  of  26 
January 2004 concerning certain restrictive measures in respect of Sudan3. 

In view of recent developments in Sudan, and notably the continued violations of the 
N’djamena  Ceasefire  agreement  of  8  April  2004  and  the  Abuja  Protocols  of  9 
November 2004 by all sides in Darfur and the failure of the Government of Sudan and 
rebel forces and all other armed groups in Darfur to comply with their commitments 
and the demands of the Security Council, the United Nations Security Council on 29 
March  2005  adopted  Resolution  1591  (2005)  imposing,  inter  alia,  an  arms  embargo 
and a ban on the provision of related assistance against all the parties of the N’djamena 
Ceasefire  Agreement  and  any  other  belligerents  in  Darfur.  Resolution  1591  (2005) 
provides for certain exemptions to the embargo. 

(3) 

Common Position 2005/…./CFSP confirms the embargo and ban of Common Position 
2004/31/CFSP and makes provision for an additional exemption to the arms embargo 
and  the  ban  on  the  provision  of  related  assistance,  which  affects  all  persons  and 
entities in Sudan, in order to bring the list of exemptions in line with Resolution 1591 

1 
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3 

OJ L….,….2005, p… 
OJ L 6, 10.1.2004, p. 55. 
OJ  L  21,  28.1.2004,  p.1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1516/2004  (OJ  L  278, 
27.8.2004, p. 15). 

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(2005).  Since  this  exemption  applies  to  the  ban  on  the  provision  of  certain  financial 
and  technical  assistance,  Regulation  (EC)  No  131/2004  should  be  amended 
accordingly. 

(4) 

The  additional  exemption  should  have  retroactive  effect  from  the  date  on  which 
Resolution 1591 (2005) was adopted, 

HAS ADOPTED THIS REGULATION: 

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

Article 1 

“Article 4 

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) 

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; 

(b)  materiel  intended  for  European  Union  and  United  Nations  crisis  management 

operations; 

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

(d)  African  Union  crisis  management  operations,  including  materiel  intended  for 

such operations; 

(e) 

the  implementation  of  the  Comprehensive  Peace  Agreement  signed  by  the 
Government of Sudan and the Sudan People’s Liberation Movement/Army in 
Nairobi, Kenya, on 9 January 2005. 

2. 

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

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This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. It shall apply from 29 March 2005. 

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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