Proposal for a Council Regulation amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia
Date: 2007-06-19
Institutions: European Commission
Subjects: Liberia, financial aid, international sanctions, military equipment, precious stones, technical cooperation, trade restriction

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.6.2007 
COM(2007) 338 final 

Proposal for a 

COUNCIL REGULATION 

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

(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 and a ban on the import of 
in  accordance  with  Common  Positions  2006/31/CFSP  and 
rough  diamonds, 
2006/518/CFSP  and  in  line  with  UN  Security  Council  Resolution  1521  (2003)  and 
subsequent  relevant  resolutions  renewing  and  modifying  restrictive  measures  in 
respect of Liberia. 

By means of Resolution 1731 (2006) of 20 December 2006, the UN Security Council 
decided, inter alia, that the measures on arms shall not apply to supplies of non-lethal 
military  equipment  other  than  non-lethal  weapons  and  ammunition,  as  notified  in 
advance  to  the  Committee  established  by  paragraph  21  of  Resolution  1521  (2003), 
intended  solely  for  the  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. 

This exemption to the arms embargo should also apply to related financial assistance, 
and Council Regulation (EC) No 234/2004 should therefore be amended accordingly.  

Regulation  (EC)  234/2004  attributes  certain  tasks  to  national  authorities  and  the 
presentation  of  these  authorities  needs  to  be  reconsidered  to  address  certain  issues 
related  to  authorities  in  European  territories  for  whose  external  relations  a  member 
State in responsible. 

(5) 

This proposal replaces Commission proposal COM (2007) 40 of 31 January 2007. 

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Proposal for a 

COUNCIL REGULATION 

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

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  2007/93/CFSP  of  12  February  2007  renewing  and 
modifying certain restrictive measures imposed against Liberia1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Common  Position  2004/137/CFSP  of  10  February  2004  concerning  restrictive 
measures against Liberia2 provided for the implementation of the measures set out in 
United  Nations  (UN)  Security  Council  Resolution  1521(2003)  concerning  Liberia, 
including  an  arms  embargo  and  a  ban  on  the  provision  of  technical  and  financial 
assistance related to military activities.  

In line with UN Security Council Resolutions 1647 (2005), 1683 (2006), 1689 (2006) 
(2006),  Common  Positions  2006/31/CFSP3,  2006/518/CFSP4  and 
and  1731 
2007/93/CFSP 
restrictive  measures  of  Common  Position 
2004/137/CFSP for a further period of time and provided for certain modifications. 

confirmed 

the 

Council Regulation (EC) No 234/20045 prohibits the provision to Liberia of technical 
and financial assistance related to military activities and the import of rough diamonds 
from Liberia. 

In  the  light  of  developments  in  Liberia,  the  UN  Security  Council  adopted,  on  20 
December  2006,  Resolution  1731  (2006),  renewing  restrictive  measures  imposed  by 
UN  Security  Council  Resolutions  1521  (2003),  and  deciding  that  the  measures  on 
arms shall not apply to supplies of non-lethal military equipment excluding non-lethal 
weapons  and  ammunition,  as  notified  in  advance  to  the  Committee  established  by 

OJ L 41, 13.2.2007, p. 17. 
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 19, 24.1.2006, p. 38. 
OJ L 201, 25.7.2006, p. 36. 
OJ  L  40,  12.2.2004,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  […]/2007  (OJ  L  […], 
[..].6.2007, p. [..]). 

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paragraph  21  of  Resolution  1521  (2003),  intended  solely  for  the  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. 

Common  Position  2007/93/CFSP  makes  provision  for  an  additional  exemption 
covering such supplies and calls for action by the Community. 

It  is  expedient  to  amend  Council  Regulation  (EC)  No  234/2004  regarding  the 
presentation of competent authorities. 

It is appropriate to give retroactive effect to the amendment to the date following the 
adoption of United Nations Security Council Resolution 1731(2006). 

(5) 

(6) 

(7) 

(8) 

Regulation (EC) 234/2004 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

(a) 

Article 3 is replaced by the following: 

“Article 3 

1. 

By way of derogation from Article 2, the competent authorities, as indicated in the 
websites  listed  in  Annex  1,  in  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, 

(ii)  non-lethal  military  equipment  intended  solely  for  humanitarian  or 
protective  use,  provided  the  Committee  established  by  paragraph  21  of 

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2. 

(b) 

1. 

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. 

(iv)  non-lethal  military  equipment  excluding  non-lethal  weapons  and 
ammunition,  intended  solely  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  been  notified  of  the  export,  sale, 
supply or transfer of the equipment 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 indicated in 
the  websites  listed  in  Annex  1,  in  the  Member  State  where  the  service  provider  is 
established, may authorize 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 21of UN Security Council 
Resolution  1521  (2003)  shall  be  requested  through  the  competent  authority,  as 
indicated  in  a  website  listed  in  Annex  1,  in  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). 

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2. 

(c) 

1. 

2. 

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

The following Article 8a is inserted: 

"Article 8a 

Member  States  shall  designate  the  competent  authorities  referred  to  in  this 
Regulation and identify them in, or through, the websites as listed in Annex 1. 

Member  States  shall  notify  the  Commission  of  their  competent  authorities  without 
delay  after  the  entry  into  force  of  this  Regulation  and  shall  notify  it  of  any 
subsequent amendment.” 

Annex 1 to Regulation (EC) No 234/2004 is replaced by Annex 1 to this Regulation. 

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 21 December 2006. 

Article 3 

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 1 

Websites for information on the competent authorities referred to in Articles 3 and 4, 
and address for notifications to the European Commission 

(to be completed by Member States) 

BELGIUM 

BULGARIA 

CZECH REPUBLIC 

DENMARK 

GERMANY 

ESTONIA 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

CYPRUS 

LATVIA 

LITHUANIA 

LUXEMBOURG 

HUNGARY 

MALTA 

NETHERLANDS 

AUSTRIA 

POLAND 

PORTUGAL 

ROMANIA 

SLOVENIA 

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SLOVAKIA 

FINLAND 

SWEDEN 

UNITED KINGDOM 

Address for notifications to the European Commission: 

European Commission 

DG External Relations 

Directorate A. Crisis Platform and Policy Coordination in CFSP 

Unit A2. Crisis Management and Conflict Prevention 

CHAR 12/106 

B-1049 Bruxelles/Brussel (Belgium) 

E-mail: relex-sanctions@ec.europa.eu 

Tel. (32 2) 295 55 85, 296 61 33 

Fax: (32 2) 299 08 73 

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