Council Regulation (EC) No 838/2005 of 30 May 2005 amending Regulation (EC) No 131/2004 concerning certain restrictive measures in respect of Sudan
Date: 2005-05-30
Institutions: Council of the European Union
Subjects: Sudan, arms trade, common foreign and security policy, financial aid, international sanctions, military equipment, technical cooperation

2.6.2005

EN

Official Journal of the European Union

L 139/3

COUNCIL REGULATION (EC) No 838/2005

of 30 May 2005

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
Community, and in particular Articles 60 and 301 thereof,

establishing the European

Having regard to Council Common Position 2005/411/CFSP of
30 May 2005 concerning restrictive measures against Sudan
and repealing Common Position 2004/31/CFSP (1),

provision for an additional exemption to the arms
related
embargo and the ban on the provision of
assistance, which affects all persons and entities
in
Sudan, in order to bring the list of exemptions in line
with UNSCR 1591 (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 UNSCR 1591 (2005) was
adopted,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

Common Position 2004/31/CFSP (2) 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
in Sudan. The ban on the provision of
activities
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 Sudan (3).

In view of recent developments in Sudan, and notably
the N’djamena Ceasefire
the continued violations of
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), hereinafter referred to
as ‘UNSCR 1591 (2005)’,
inter alia, an arms
embargo and a ban on the provision of related assistance
the N’djamena Ceasefire
the parties of
against
all
Agreement
in Darfur.
and any other belligerents
UNSCR 1591 (2005) provides for certain exemptions
to the embargo.

imposing,

(3)

Common Position 2005/411/CFSP confirms the embargo
and ban of Common Position 2004/31/CFSP and makes

(1) See page 25 of this Official Journal.
(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. Regulation as last amended by Regulation

(EC) No 1516/2004 (OJ L 278, 27.8.2004, p. 15).

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 for institution-building
programmes of the United Nations, the African Union,
the European Union and the Community;

(b) materiel intended for European Union, United Nations
and African Union crisis management operations;

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

clearance;

(d) the

implementation of

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

the Comprehensive

No authorisations shall be granted for activities that

2.
have already taken place.’

L 139/4

EN

Official Journal of the European Union

2.6.2005

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

Article 2

It shall apply from 29 March 2005.

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

Done at Brussels, 30 May 2005.

For the Council
The President

F. BODEN