Council Regulation (EC) No 1126/2006 of  24 July 2006  amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia and repealing Regulation (EC) No 1030/2003, and suspending certain restrictive measures in respect of Liberia
Date: 2006-07-24
Institutions: Council of the European Union
Subjects: Liberia, financial aid, international sanctions, military equipment, technical cooperation, trade restriction

25.7.2006

EN

Official Journal of the European Union

L 201/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1126/2006

of 24 July 2006

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

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 Common Position 2006/31/CFSP of 23
January 2006 renewing the
imposed
against Liberia (1) and Common Position 2006/518/CFSP of
24 July 2006 modifying and renewing certain restrictive
measures imposed against Liberia (2),

restrictive measures

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

1521

(2003),

Common

In order to implement the measures imposed against
Liberia by United Nations Security Council Resolution
(UNSCR)
Position
2004/137/CFSP of 10 February 2004 concerning
restrictive measures against Liberia (3) provided for the
implementation of
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
restrictive
measures of Common Position 2004/137/CFSP for a
further period of
in line with UN Security
Council Resolution 1647 (2005).

the measures set out

2006/31/CFSP

confirmed

time,

the

Council Regulation (EC) No 234/2004 (4) prohibits the
provision to Liberia of technical and financial assistance
rough
related to military activities,
diamonds from Liberia and the import of round logs
and timber products originating in that country.

import of

the

(3)

(4)

(5)

the developments in Liberia,

In the light of
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).

On 20 June 2006, the UN Security Council adopted
Resolution 1689 (2006). It decided to renew the prohi-
bition 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 90 days, Liberia
fails to pass the forestry legislation proposed by the
Forest Reform Monitoring Committee created by the
Government of Liberia.

these Resolutions

and Common Positions
Taking
it is
2006/31/CFSP and 2006/518/CFSP into account,
necessary to suspend the prohibition of
imports of
round logs and timber products originating in Liberia,
in Article 6(2) of Regulation (EC) No
set out
from 23 June 2006, and to
234/2004, with effect
amend Articles 3 and 4 of that Regulation, in particular
in order to allow the provision of assistance to the police
and security forces of the Government of Liberia under
certain conditions with effect from 13 June 2006,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 3 shall be replaced by the following:

(1) OJ L 19, 24.1.2006, p. 38.
(2) See page 36 of this Official Journal.
(3) 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).
last amended by
Commission Regulation (EC) No 1452/2005 (OJ L 230, 7.9.2005,
p. 11).

(4) OJ L 40, 12.2.2004, p. 1. Regulation as

‘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:

L 201/2

EN

Official Journal of the European Union

25.7.2006

(a)

technical assistance,
related to:

financing and financial assistance

‘Article 4

(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 unen-
and were provided,
cumbered operational use
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
training
support of, and use in, an international
the Liberian armed
and reform programme for
forces and police, provided that
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;

1. 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
the
derogation from Article 2 of
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:

this Regulation,

(a) arms and related materiel intended solely for support of,
training and reform

and use
programme for the Liberian armed forces and police;

an international

in,

(b) non-lethal military equipment intended solely for huma-

nitarian 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.

(ii) non-lethal military equipment

intended solely for
humanitarian or protective use, provided that 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

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

request

(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
the
in Liberia in October 2003, provided that
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

2.
have already taken place.’

Article 2

Article 6(2) of Regulation (EC) No 234/2004 shall be suspended
until 18 September 2006.

No authorisations shall be granted for activities that

2.
have already taken place.’;

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

Article 3

2. Article 4 shall be replaced by the following:

Article 1 shall apply as from 13 June 2006. Article 2 shall
apply as from 23 June 2006.

25.7.2006

EN

Official Journal of the European Union

L 201/3

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

Done at Brussels, 24 July 2006.

For the Council
The President

K. RAJAMÄKI