Council Regulation (EC) No 866/2007 of 23 July 2007 amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia
Date: 2007-07-23
Institutions: Council of the European Union
Subjects: derogation from EU law, financial aid, international sanctions, military equipment, technical cooperation, trade restriction

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 866/2007

of 23 July 2007

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

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty
Community, and in particular Articles 60 and 301 thereof,

establishing the European

Having regard to Council Common Position 2007/93/CFSP of
12 February 2007 modifying and renewing Common Position
2004/137/CFSP concerning the restrictive measures imposed
against Liberia (1),

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Common

2004/137/CFSP

Council
of
Position
10 February 2004 concerning restrictive measures
against Liberia (2) 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.

Common

In line with UN Security Council Resolutions 1647
(2005), 1683 (2006), 1689 (2006) and 1731 (2006),
2006/31/CFSP (3),
Council
2006/518/CFSP (4) and 2007/93/CFSP confirmed the
Position
restrictive
Common
of
2004/137/CFSP for a further period of
time and
provided for certain modifications.

measures

Positions

Council Regulation (EC) No 234/2004 of 10 February
2004 concerning certain restrictive measures in respect
of Liberia (5) prohibits
the provision to Liberia of
technical and financial assistance related to military
activities and the import of
from
Liberia.

rough diamonds

In the light of developments in Liberia, the UN Security
Council adopted, on 20 December 2006, Resolution
1731 (2006) renewing the restrictive measures imposed
by UN Security Council Resolution 1521 (2003) and
deciding that the measures on arms were not to apply
to supplies of non-lethal military equipment, excluding
non-lethal weapons and ammunition, as notified in
advance to the Committee established by paragraph 21
intended solely for use by
of Resolution 1521 (2003),
members of
the Government of Liberia police and
security forces who had 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 Regulation (EC) No 234/2004
regarding the identification of competent authorities.

is appropriate

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

to give

effect

(5)

(6)

(7)

(8)

Regulation (EC) No 234/2004 should therefore be
amended accordingly,

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 41, 13.2.2007, p. 17.
(2) OJ L 40, 12.2.2004, p. 35. Common Position as last amended by
Common Position 2007/400/CFSP (OJ L 150, 12.6.2007, p. 15).
(3) Common Position 2006/31/CFSP of 23 January 2006 renewing the
restrictive measures imposed against Liberia (OJ L 19, 24.1.2006,
p. 38).

(4) Common Position 2006/518/CFSP of 24 July 2006 modifying and
imposed against Liberia

renewing certain restrictive measures
(OJ L 201, 25.7.2006, p. 36).

(5) OJ L 40, 12.2.2004, p. 1. Regulation as last amended by Regulation

(EC) No 719/2007 (OJ L 164, 25.6.2007, p. 1).

‘Article 3

1.
By way of derogation from Article 2, the competent
authorities, as indicated in the websites listed in Annex I, in
the Member State where the service provider is established,
may authorise the provision of:

(a) technical assistance,

financing and financial assistance

related to:

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(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

No authorisations shall be granted for activities that

2.
have already taken place.’;

(ii) weapons and ammunition which both remain in the
custody of
the Special Security Service for unen-
cumbered operational use and were provided with
the
established by
paragraph 21 of UN Security Council Resolution
1521 (2003)
to the members of that Service for
training purposes before 13 June 2006;

the Committee

approval of

(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
by
the Committee
paragraph 21 of UN Security Council Resolution
1521 (2003) has approved the export, sale, supply
or transfer of the arms or related materiel concerned,

established

that

(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,

(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 that
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, or

2. Article 4 shall be replaced by the following:

‘Article 4

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
derogation from Article 2 of
the
competent authority, as indicated in the websites listed in
Annex I, in the Member State where the service provider is
established, may authorize
technical
assistance related to:

the provision of

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;

in an international

(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 indicated in
a website listed in Annex I, 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 to the
Committee established by paragraph 21 of UN Security
Council Resolution 1521 (2003) for approval of technical
assistance related to the weapons and ammunition referred
to in point (c).

No authorisations shall be granted for activities that

2.
have already taken place.’;

(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 that
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.

3. The following Article shall be inserted:

‘Article 8a

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

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2. 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.’;

Article 2

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

4. Annex I to Regulation (EC) No 234/2004 shall be replaced
by the text appearing in the Annex to this Regulation.

It shall apply with effect from 21 December 2006.

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

Done at Brussels, 23 July 2007.

For the Council
The President

L. AMADO

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ANNEX

‘ANNEX I

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

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

GREECE

http://www.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/International+Sanctions/

SPAIN

www.mae.es/es/MenuPpal/Asuntos/Sanciones+Internacionales

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

IRELAND

http://www.dfa.ie/un_eu_restrictive_measures_ireland/competent_authorities

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/nemzetkozi_szankciok.htm

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MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

http://www.fco.gov.uk/competentauthorities

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’.