Proposal for a Council Regulation amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia and repealing Regulation (EC) No 1030/2003
Date: 2006-07-11
Institutions: European Commission
Subjects: Liberia, international sanctions, military equipment, precious stones, trade restriction, tropical wood

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.7.2006 
COM(2006) 393 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 234/2004 concerning certain restrictive measures in 
respect of Liberia and repealing Regulation (EC) No 1030/2003 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

Regulation (EC) No 234/2004 concerning Liberia implements a ban on the provision 
of  certain  services  related  to  arms  and  military  equipment,  a  ban  on  the  import  of 
round  logs  and  timber  products  and  a  ban  on  the  import  of  rough  diamonds,  in 
accordance  with  Common  Positions  2004/137/CFSP  and  2006/31/CFSP,  and  UN 
Security  Council  Resolution  1521(2003)  and  other  relevant  UN  Security  Council 
Resolutions. 

By  means  of  Resolutions  1683(2006)  of  13  June  2006  and  1689(2006)  of  20  June 
2006, the UN Security Council decided to provide for an additional derogation to the 
ban on the provision of certain services related to arms and military equipment and to 
suspend  the  ban  on  import  of  round  logs  and  timber  products  for  a  period  of  ninety 
days. After this period, the Security Council is to decide whether the ban on import of 
round logs and timber products will be repealed, whereas by 20 December 2006 it is to 
review the need for all remaining restrictive measures concerning Liberia. 

The Council is preparing a CFSP Common Position providing for implementation of 
these decisions. 

In  view  of  these  facts,  the  Commission  proposes  to  amend  Regulation  (EC)  No 
234/2004 accordingly. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 234/2004 concerning certain restrictive measures in 
respect of Liberia and repealing Regulation (EC) No 1030/2003 

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  Positions  2006/31/CFSP  renewing  the  restrictive  measures 
imposed  against  Liberia1  and  Common  Position  2006/…/CFSP  modifying  and  renewing 
certain restrictive measures imposed against Liberia2, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

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2 
3 
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In  order  to  implement  the  measures  imposed  against  Liberia  by  the  United  Nations 
Security  Council  Resolution 
1521(2003),  Common  Position 
(UNSCR) 
2004/137/CFSP  concerning  restrictive  measures  against  Liberia4  provided  for  the 
implementation  of  the  measures  set  out  in  UNSCR  1521(2003)  concerning  Liberia, 
and  a  ban  on  the  provision  to  Liberia  of  financial  assistance  related  to  military 
activities.  On  23  January  2006,  Common  Position  2006/31/CFSP  renewing  the 
restrictive  measures  imposed  against  Liberia  confirmed  the  restrictive  measures  of 
Common  Position  2004/137/CFSP  for  a  further  period  of  time,  in  line  with  UN 
Security Council Resolution 1647(2005). 

Regulation  (EC)  No  234/20045  prohibits  the  provision  to  Liberia  of  technical  and 
financial  assistance  related  to  military  activities,  the  import  of  rough  diamonds  from 
Liberia and the import of round logs and timber products originating in that country. 

In the light of the developments in Liberia, the UN Security Council adopted, on 13 
June 2006, UNSCR 1683(2006) introducing some exemptions to the ban on technical 
assistance  related  to  military  activities  imposed  by  paragraph  2(b)  of  UNSCR 
1521(2003). 

OJ L 19, 24.1.2006, p. 38. 
OJ L .., .7.2006, p. ...  
OJ C , , p. . 
OJ L 40, 12.2.2004, p. 35. Common Position as amended by Common Position 2004/902/CFSP (OJ L 
379, 24.12.2004, p. 113) 
OJ  L  40,  12.2.2004,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1452/2005  (OJ  L  230, 
7.9.2005, p. 11). 

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(4) 

(5) 

On 20 June 2006, the UN Security Council adopted Resolution 1689(2006). It decided 
to renew the prohibition against imports of diamonds, but not to renew the prohibition 
against imports of all round logs and timber products originating in Liberia, which had 
been  imposed  by  paragraph  10  of  UNSCR  1521(2003)  and,  after  several  extensions, 
expired on 20 June 2006. The Security Council expressed its determination to reinstate 
that  prohibition  if,  within  a  period  of  ninety  days,  Liberia  fails  to  pass  the  forestry 
legislation  proposed  by  the  Forest  Reform  Monitoring  Committee  created  by  the 
Government of Liberia. 

Taking  these  Resolutions  and  Common  Positions  2006/31/CFSP  and  2006/…/CFSP 
into  account,  it  is  necessary  to  suspend  the  prohibition  of  imports  of  round  logs  and 
timber products originating in Liberia, set out in Article 6(2) of Regulation (EC) No 
234/2004, and to amend Articles 3 and 4 of that Regulation, notably in order to allow 
the  provision  of  assistance  to  the  police  and  security  forces  of  the  Government  of 
Liberia under certain conditions. 

(6) 

It  is  appropriate  to  give  retroactive  effect  to  these  amendments  to  the  date  on  which 
UNSCR 1689(2006) was adopted, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 234/2004 is amended as follows: 

(1) 

Article 3 is replaced by the following: 

“Article 3 

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:  

(a) 

technical assistance, financing and financial assistance related to  

(i) 

arms and related materiel, where such assistance or services are intended 
solely for support of and use by the United Nations Mission in Liberia, or  

(ii)  weapons  and  ammunition  which  both  remain  in  the  custody  of  the 
Special  Security  Service  for  unencumbered  operational  use,  and  have 
been  provided,  pursuant  to  approval  of  the  Committee  established  by 
paragraph  21  of  UN  Security  Council  Resolution  1521  (2003),  to  the 
members of that Service for training purposes before 13 June 2006; 

(b) 

financing and financial assistance related to: 

(i) 

arms  and  related  materiel  intended  solely  for  support  of  and  use  in  an 
international  training  and  reform  programme  for  the  Liberian  armed 
forces  and  police,  provided  the  Committee  established  by  paragraph  21 
of UN Security Council Resolution 1521 (2003) has approved the export, 
sale, supply or transfer of the arms or related materiel concerned, 

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(ii)  non-lethal  military  equipment  intended  solely  for  humanitarian  or 
protective  use,  provided  the  Committee  established  by  paragraph  21  of 
UN  Security  Council  Resolution  1521  (2003)  has  approved  the  export, 
sale, supply or transfer of the equipment concerned, or 

(iii)  weapons  and  ammunition  intended  for  use  by  members  of  the 
Government of Liberia police and security forces who have been vetted 
and trained since the inception of the United Nations Mission in Liberia 
in October 2003, provided the Committee established by paragraph 21 of 
UN  Security  Council  Resolution  1521  (2003)  has  approved  the  export, 
sale, supply or transfer of the weapons or ammunition concerned. 

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

Article 4 is replaced by the following: 

“Article 4 

Where such activities have been approved in advance by the Committee established 
by  paragraph  21  of  UN  Security  Council  Resolution  1521  (2003),  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  and  use  in  an 
international training and reform programme for the Liberian armed forces and 
police, 

(b)  non-lethal  military  equipment  intended  solely  for  humanitarian  or  protective 

use, or  

(c)  weapons and ammunition intended for use by members of the Government of 
Liberia police and security forces who have been vetted and trained since the 
inception of the United Nations Mission in Liberia in October 2003. 

The approval of the Committee established by paragraph 21 of UN Security Council 
Resolution 1521 (2003) shall be requested through the competent authority, as listed 
in Annex I, of the Member State where the service provider is established.  

The  Government  of  the  Member  State  concerned  and  the  Government  of  Liberia 
shall make a joint request for approval of technical assistance related to the weapons 
and ammunition referred to in point (c), to the Committee established by paragraph 
21 of UN Security Council Resolution 1521(2003). 

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

Article 6(2) shall be suspended until 18 September 2006. 

2. 

(2) 

1. 

2. 

(3) 

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Article 2 

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 20 June 2006. 

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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