Proposal for a Council Regulation imposing certain restrictive measures in respect of the Democratic Republic of the Congo and repealing Regulation (EC) No 1727/2003
Date: 2005-05-27
Institutions: European Commission
Subjects: Democratic Republic of the Congo, EC Regulation, arms trade, international sanctions, military equipment, repeal

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.5.2005 
COM(2005) 228 final 

Proposal for a 

COUNCIL REGULATION 

imposing certain restrictive measures in respect of the Democratic Republic of 
the Congo and repealing Regulation (EC) No 1727/2003 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

–  In view of the continuing illicit flow of weapons within and into the Democratic Republic 
of  the  Congo,  the  UN  Security  Council,  acting  under  Chapter  VII  of  the  Charter  of  the 
United Nations, adopted Resolution 1596 (2005) on 18 April 2005, inter alia extending the 
arms embargo imposed by UN Security Council Resolution 1493 (2003) to any recipient in 
the  Democratic  Republic  of  the  Congo.  The  United  Nations  Security  Council  made 
provision for certain exemptions to the embargo. 

–  In order to implement the arms embargo set out in UN Security Council Resolution 1596 

(2005), the Council has adopted Common Position 2005/XXX/CFSP. 

–  The prohibition to provide technical and financial assistance related to military activities in 
the  Democratic  Republic  of  the  Congo  foreseen  by  Common  Position  2005/XXX/CFSP 
falls  within  the  scope  of  the  Treaty  and  requires  specific  Community  legislation.  The 
Commission  proposes  to  implement  these  measures  in  the  Community  by  means  of  a 
Council Regulation. 

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Proposal for a 

COUNCIL REGULATION 

imposing certain restrictive measures in respect of the Democratic Republic of 
the Congo and repealing Regulation (EC) No 1727/2003 

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  Common  Position  2005/xxx/CFSP  of  xx  2005  concerning  restrictive 
measures against the Democratic Republic of the Congo,1 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council Common Position 2002/829/CFSP of 21 October 20023 imposed an embargo 
on the supply of arms and related materiel to the Democratic Republic of the Congo. 

On 28 July 2003 the United Nations Security Council decided in its Resolution 1493 
(2003), hereinafter referred to as UNSCR 1493 (2003), to impose an embargo on the 
supply  of  arms  and  related  materiel  as  well  as  the  provision  of  assistance,  advice  or 
training related to military activities to all armed groups and militias operating in the 
territory of North and South Kivu and of Ituri, and to groups not party to the Global 
and All-inclusive agreement, in the Democratic Republic of the Congo. 

Council  Common  Position  2003/680/CFSP  of  29  September  20034  provides  for  the 
alignment of Common Position 2002/829/CFSP with the measures set out by UNSCR 
1493  (2003).  Some  of  these  measures  are  implemented  at  Community  level  by 
Council Regulation (EC) No 1727/ 20035. 

In  view  of  the  continuing  illicit  flow  of  weapons  within  and  into  the  Democratic 
Republic  of  the  Congo,  the  UN  Security  Council,  acting  under  Chapter  VII  of  the 
Charter  of  the  United  Nations,  adopted  Resolution  1596  (2005)  of  18  April  2005, 
hereinafter referred to as UNSCR 1596 (2005), inter alia extending the existing arms 
embargo  to  any  recipient  in  the  territory  of  the  Democratic  Republic  of  the  Congo. 
Resolution 1596 (2005) provides for certain exemptions to the embargo. 

1 
2 
3 
4 
5 

OJ C , , p. . 
OJ C , , p. . 
OJ L 285, 23.10.2002, p. 1. 
OJ L 249, 1.10.2003, p. 64. 
OJ L 249, 1.10.2003, p. 5. 

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(5) 

(6) 

(7) 

(8) 

(9) 

Common Position 2005/…./CFSP confirms the embargo and ban of Common Position 
2002/829/CFSP and makes provision for an additional exemption to the arms embargo 
and  the  ban  on  the  provision  of  related  assistance  in  order  to  bring  the  list  of 
exemptions in line with Resolution 1596 (2005). Since this exemption applies to the 
ban on the provision of certain financial and technical assistance, Regulation (EC) No 
1727/2003 should be amended accordingly. On the occasion of that amendment, it is 
appropriate to align with recent practice the provisions of that Regulation on the ban 
on technical assistance, financing and financial assistance related to military activities.  

The  prohibition  to  provide  technical  and  financial  assistance  related  to  military 
activities  falls  within  the  scope  of  the  Treaty.  In  order  to  avoid  any  distortion  of 
competition  Community  measures  are  therefore  necessary  to  implement  that 
prohibition as far as the Community is concerned. For the purpose of this Regulation, 
the territory of the Community should be deemed to encompass the territories of the 
Member States to which the Treaty is applicable, under the conditions laid down in the 
Treaty. 

For  reasons  of  expediency,  the  Commission  should  be  empowered  to  amend  the 
Annex to this Regulation.  

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

For the sake of clarity, Regulation (EC) No 1727/2003 should be  replaced  by  a  new 
Regulation containing all the relevant provisions regarding the prohibition to provide 
technical  and  financial  assistance  related  to  military  activities  in  the  Democratic 
Republic of the Congo, 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

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 8 of UNSCR 1533 (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, the Democratic 
Republic of the Congo; 

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(b) 

(c) 

1. 

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, the Democratic Republic of the Congo.  

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). 

Article 3 

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

(a) 

(b) 

the provision of technical assistance, financing and financial assistance related 
to  arms  and  related  materiel  intended  solely  for  support  of  and  use  by  the 
United Nations Organization Mission in the Democratic Republic of the Congo 
(MONUC); 

the provision of technical assistance, financing and financial assistance related 
to  arms  and  related  materiel  intended  solely  for  support  of  or  use  by  units  of 
the army and police of the Democratic Republic of the Congo , provided that 
the said units: 

– 

– 

– 

have completed the process of their integration, or 

operate  under  the  command,  respectively,  of  the  “état-major  intégré"  of 
the Armed Forces or of the National Police of the Democratic Republic 
of the Congo, or 

are in the process of their integration, in the territory of the DRC outside 
the provinces of North and South Kivu and the Ituri district. 

(c) 

the provision of technical assistance, financing and financial assistance related 
to non-lethal military equipment intended solely for humanitarian or protective 
use,  where  the  provision  of  such  assistance  or  services  has  been  notified  in 
advance to the Sanctions Committee. 

2. 

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

Article 4 

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 judgments handed down by national courts. 

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Article 5 

1. 

2. 

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

Without  prejudice  to  the  rights  and  obligations  of  the  Member  States  under  the 
Charter of the United Nations, the Commission shall maintain all necessary contacts 
with the Sanctions Committee for the purpose of the effective implementation of this 
Regulation. 

Article 6 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are 
implemented. The penalties provided for must be effective, proportionate and dissuasive.  

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. 

Article 7 

This Regulation shall apply  

(a) 

(b) 

(c) 

within  the  territory  of  the  Community,  including  its  airspace  and  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 national of a 
Member State; 

to  any  legal  person,  group  or  entity  which  is  incorporated  or  constituted  under  the 
law of a Member State; 

(d) 

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

Regulation (EC) No 1727/2003 is hereby repealed. 

Article 8 

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

Article 9 

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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 

List of competent authorities referred to in Article 3 

(to be completed by the Member States)  

BELGIUM 

CZECH REPUBLIC 

DENMARK 

GERMANY 

ESTONIA 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

CYPRUS 

LATVIA 

LITHUANIA 

LUXEMBOURG 

HUNGARY 

MALTA 

NETHERLANDS 

AUSTRIA 

POLAND 

PORTUGAL 

SLOVENIA 

SLOVAKIA 

FINLAND 

SWEDEN 

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UNITED KINGDOM 

EUROPEAN COMMUNITY 

Commission of the European Communities 

Directorate-General for External Relations 

Directorate Common Foreign and Security Policy (CFSP) and European Security and Defence 
Policy (ESDP): Commission Coordination and contribution 

Unit A.2: Legal and institutional matters, CFSP Joint Actions, Sanctions, Kimberley Process 

CHAR 12/163 

B - 1049 Bruxelles/Brussel 

Tel. (32-2) 296 25 56 

Fax (32-2) 296 75 63 

E-mail: Relex-Sanctions@cec.eu.int 

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