Council Common Position 2007/654/CFSP of 9 October 2007 amending Common Position 2005/440/CFSP concerning restrictive measures against the Democratic Republic of the Congo
Date: 2007-10-09
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, European Union, code of conduct, export, military cooperation, military equipment, technical cooperation

10.10.2007

EN

Official Journal of the European Union

L 264/11

III

(Acts adopted under the EU Treaty)

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

COUNCIL COMMON POSITION 2007/654/CFSP

of 9 October 2007

amending Common Position 2005/440/CFSP concerning restrictive measures against the Democratic
Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

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

Article 1

Common Position 2005/440/CFSP is hereby amended as
follows:

Whereas:

(1)

(2)

(3)

(4)

(5)

Following the adoption by the United Nations Security
Council on 18 April 2005 of Resolution 1596 (2005),
the Council adopted on 13 June 2005 Common Position
2005/440/CFSP (1)
restrictive measures
concerning
against the Democratic Republic of the Congo (DRC).

1. Article 2 shall be replaced by the following:

‘Article 2

1.

Article 1 shall not apply to:

On 31 July 2007, the United Nations Security Council
adopted Resolution 1768 (2007) extending the restrictive
measures in force until 10 August 2007. Those measures
were extended until 15 February 2008 by the United
Nations Security Council Resolution 1771 (2007)
(UNSCR 1771 (2007)) adopted on 10 August 2007.

(a)

the provision of

the supply, sale or transfer of arms and any related
materiel or
assistance,
financing brokering services and other services related
to arms and related materiel solely for support of or
the DRC,
use by units of
provided that the said units:

the army and police of

technical

UNSCR 1771 (2007) provides for a new exemption for
technical
training and assistance for police and army
units in DRC in the provinces of North and South
Kivu and the Ituri district.

(i) have completed the process of their integration; or

Common Position 2005/440/CFSP should be amended
accordingly.

(ii) operate under the command, respectively, of
the armed forces or of

intégré of
état-major
national police of the DRC; or

the
the

Action by the Community is needed in order
implement certain measures,

to

(1) OJ L 152, 15.6.2005, p. 22. Common Position as last amended by
Common Position 2006/624/CFSP (OJ L 253, 16.9.2006, p. 34).

(iii) are in the process of

in the
the DRC outside the provinces of

integration,

territory of
North and South Kivu and the Ituri district;

their

L 264/12

EN

Official Journal of the European Union

10.10.2007

(b) the provision of technical training and assistance agreed
to by the Government of the DRC and intended solely
for support of units of the army and police of the DRC
that are in the process of
integration in the
provinces of North and South Kivu and the Ituri district;

their

(c)

the provision of

the supply, sale or transfer of arms and any related
assistance,
materiel or
brokering services and other services related to arms
and related materiel
intended solely for support of or
use by the United Nations Organisation Mission in the
DRC (MONUC);

technical

(d) the supply,

sale or

transfer of non-lethal military
equipment intended solely for humanitarian or protective
use, or the provision of assistance and training related to
such non-lethal equipment, provided that such supply or
provision has been notified in advance to the Sanctions
Committee.

sale or

The supply,

2.
transfer of arms and related
materiel referred to in paragraph 1 shall only be made to
receiving sites as designated by the Government of the DRC,
in coordination with MONUC, and notified in advance to the
Sanctions Committee.

sale or

The supply,

3.
transfer of arms and related
materiel or the provision of services or technical training
and assistance referred to in paragraph 1 shall be subject
to an authorisation granted by the competent authorities
of the Member States.

shall

States

consider

deliveries

under
4. Member
paragraph 1 on a case-by-case basis, taking full account of
the criteria set out in the European Union Code of Conduct
on Arms Exports. Member States shall require adequate safe-
guards against misuse of authorisation granted pursuant to
paragraph 3 and, where appropriate, make provisions for
repatriation of the delivered arms and related materiel.’;

2. Article 8 shall be replaced by the following:

‘Article 8

This Common Position shall apply until 15 February 2008.
It shall be reviewed or amended in the light of relevant
decisions by the United Nations Security Council.’.

Article 2

This Common Position shall
adoption.

take effect on the date of

its

Article 3

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

Done at Luxembourg, 9 October 2007.

For the Council
The President

F. TEIXEIRA DOS SANTOS