Council Common Position 2005/411/CFSP of 30 May 2005 concerning restrictive measures against Sudan and repealing Common Position 2004/31/CFSP
Date: 2005-05-30
Institutions: Council of the European Union
Subjects: Sudan, arms trade, economic resources, economic sanctions, human rights, international sanctions, trade restriction

2.6.2005

EN

Official Journal of the European Union

L 139/25

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

COUNCIL COMMON POSITION 2005/411/CFSP

of 30 May 2005

concerning restrictive measures against Sudan and repealing Common Position 2004/31/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

entry into or transit through Member States’ territories of
all persons designated by the Committee established by
paragraph 3 of that Resolution (the Committee).

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

Whereas:

(1)

(2)

(3)

(4)

On 9 January 2004,
the Council adopted Common
Position 2004/31/CFSP (1) concerning the imposition of
an embargo on arms, munitions and military equipment
on Sudan.

On 10 June 2004,
the Council adopted Common
Position 2004/510/CFSP amending Common Position
2004/31/CFSP so as
to the
Ceasefire
embargo
Commission.

to allow exemptions
African

Union-led

the

for

The Council deems it appropriate to maintain the arms
embargo against Sudan. The policy objective of
the
European Union in this regard is to promote lasting
peace and reconciliation within Sudan.

On 30 July 2004, the United Nations Security Council
adopted Resolution 1556 (2004), hereinafter referred to
as ‘UNSCR 1556(2004)’, imposing an arms embargo on
all non-governmental entities and individuals,
including
the Janjaweed, operating in the states of North Darfur,
South Darfur and West Darfur.

(6)

(7)

(8)

UNSCR 1591(2005) also imposes a freeze of all funds,
financial assets and economic resources, owned or
controlled,
the persons
designated by the Committee or held by entities owned
or controlled directly or indirectly by such persons or by
any persons acting on their behalf or at their direction.

directly or

indirectly

by

UNSCR 1591(2005) furthermore reaffirms the measures
imposed by UNSCR 1556(2004) and provides that these
measures shall also apply to all
the parties to the
N’djamena Ceasefire Agreement and any other belli-
gerents in the states of North Darfur, South Darfur and
West Darfur.

Paragraph 4 of UNSCR 1591(2005) 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 28 April 2005, unless the Security Council
determines before then that the parties to the conflict
in Darfur have complied with all the commitments and
demands of the Security Council referred to in UNSCR
1556(2004)
and
resolutions
1574(2004) and have taken immediate steps to fulfil
the N’djamena
all
Ceasefire Agreement and the Abuja Protocols, including
notification of force positions, to facilitate humanitarian
assistance and to cooperate fully with the African Union
Mission.

commitments

1564(2004)

to respect

their

and

(5)

On 29 March 2005, the United Nations Security Council
adopted Resolution 1591 (2005), hereinafter referred to
as ‘UNSCR 1591(2005)’, imposing measures to prevent

(9)

It is appropriate to integrate the measures imposed by
Common Position 2004/31/CFSP and the measures to be
imposed pursuant to UNSCR 1591(2005) in one single
legal instrument.

(1) 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).

(10)

Common Position 2004/31/CFSP should therefore be
repealed.

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Official Journal of the European Union

2.6.2005

(11) Action by the Community is needed in order

to

implement certain measures,

referred to in Article 1 or held by entities owned or controlled
directly or indirectly by such persons or by any persons acting
on their behalf or at their direction, as identified in the Annex,
shall be frozen.

HAS ADOPTED THIS COMMON POSITION:

Article 1

In accordance with UNSCR 1591 (2005), restrictive measures
should be imposed against those individuals who impede the
peace process, constitute a threat to stability in Darfur and the
international humanitarian or
region, commit violations of
human rights
arms
atrocities, violate
law or other
embargo and/or are responsible for offensive military overflights
in and over the Darfur region, as designated by the Committee
established by paragraph 3 of UNSCR 1591(2005).

the

The relevant persons are listed in the Annex to this Common
Position.

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.

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;

Article 2

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

fees and reimbursement of
with the provision of legal services;

1. Member States
to
prevent the entry into, or transit through, their territories of
the persons referred to in Article 1.

take the necessary measures

shall

Paragraph 1 shall not oblige a Member State to refuse its

2.
own nationals entry into its territory.

Paragraph 1 shall not apply where the Committee
3.
is justified on the grounds of humani-
determines that travel
including religious obligation, or where the
tarian need,
Committee concludes that an exemption would further the
objectives of the UNSCR Resolutions for the creation of peace
and stability in Sudan and the region.

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.

Article 3

1.
owned or controlled directly or

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

(c)

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

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;

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

(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 1591(2005), and is not for
the benefit of a person or entity referred to in this Article,
after notification 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:

monitoring or protective use, or for institution building
programmes of the UN, the African Union, the EU and
the Community, or of material
intended for EU, UN and
African Union crisis management operations;

(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 4

types,

1.
The sale, supply, transfer or export of arms and related
including weapons and ammunition,
materiel of all
military vehicles and equipment, paramilitary equipment and
spare parts for the aforementioned to Sudan 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 to:

(b) technical training and assistance related to such equipment;

(c)

the sale, supply, transfer or export of de-mining equipment
and materiel for use in de-mining operations;

(d) assistance and supplies provided in support of implemen-

tation of the Comprehensive Peace Agreement;

such deliveries have been approved in
on condition that
advance by the competent authority of the Member State in
question.

flak jackets

Article 4 shall also not apply to protective clothing,
2.
including
temporarily
exported to Sudan by United Nations personnel, personnel of
the EU, the Community or its Member States, representatives of
the media and humanitarian and development workers and
associated personnel for their personal use only.

and military helmets,

(a) grant, sell, supply or transfer technical assistance, brokering
services and other services related to military activities and
to the provision, manufacture, maintenance and use of arms
and related materiel of all types,
including weapons and
ammunition, military vehicles and equipment, paramilitary
equipment, and spare parts for the aforementioned, directly
or indirectly to any person, entity or body in, or for use in
Sudan;

3. Member States shall consider deliveries under this Article
on a case-by-case basis, taking full account of the criteria set out
in the European Union code of conduct on arms exports
require
adopted on 8 June 1998. Member States
adequate safeguards against misuse of authorisations granted
under this Article and, where appropriate, make provisions for
repatriation of the equipment.

shall

including in particular grants,

(b) provide financing or financial assistance related to military
activities,
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, brokering services
and other services, directly or indirectly to any person,
entity or body in, or for use in Sudan.

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 5

1.

Article 4 shall not apply to:

(a)

the sale, supply, transfer or export of non-lethal military
equipment intended solely for humanitarian, human rights

Article 7

take effect on the date of

This Common Position shall
its
adoption, with the exception of the measures set out under
Articles 2 and 3, which shall apply as of 29 April 2005,
unless the Council decides otherwise in the light of the deter-
mination by the Security Council on the fulfilment of
the
conditions
in paragraphs 1 and 6 of UNSCR
1591(2005).

set out

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Official Journal of the European Union

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Article 8

Article 10

in the light of
regarding the

The measures referred to in Articles 2 and 3 of this Common
Position shall be reviewed 12 months after its adoption, or
earlier,
the Security
the determinations of
situation in Sudan. The measures
Council
referred to in Article 4 shall be reviewed 12 months after the
adoption of
this Common Position, and every 12 months
thereafter. They shall be repealed if the Council deems that
their objectives have been met.

Article 9

Common Position 2004/31/CFSP is hereby repealed.

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

Done at Brussels, 30 May 2005.

For the Council

The President

F. BODEN

ANNEX

List of persons and entities referred to in Articles 1 and 3