Proposal for a Council Regulation amending Regulation (EC) No 889/2005 imposing certain restrictive measures in respect of the Democratic Republic of Congo
Date: 2007-10-17
Institutions: European Commission
Subjects: Democratic Republic of the Congo, exchange of information, financial aid, international sanctions, military cooperation, military equipment, technical cooperation

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.10.2007 
COM(2007) 626 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 889/2005 imposing certain restrictive measures in respect 
of the Democratic Republic of Congo 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

(1) 

(2) 

Council Regulation (EC) No 889/2005 imposed certain restrictive measures in respect 
of  the  Democratic  Republic  of  Congo  (DRC),  in  accordance  with  Common  Position 
2005/440/CFSP  and  in  line  with  UN  Security  Council  Resolution  1596  (2005)  and 
subsequent relevant resolutions. 

By  means  of  Resolution  1771  (2007)  of  10  August  2007,  the  UN  Security  Council 
decided, inter alia, that the restrictive measures on certain technical assistance should 
not apply to the provision of relevant technical assistance, as notified in advance to the 
Committee established by paragraph 8 of Resolution 1533 (2004) and agreed to by the 
Government of the DRC, where such assistance is intended solely for support of units 
of  the  army  and  police  of  the  DRC  that  are  in  the  process of  their  integration  in  the 
provinces  of  North  and  South  Kivu  and  the  Ituri  district.  It  is  appropriate  to  amend 
Regulation (EC) No 889/2005 accordingly. 

(3) 

It is also appropriate to align Regulation (EC) No 889/2005 with recent developments 
in sanctions practice regarding the identification of competent authorities, liability for 
infringements and jurisdiction. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 889/2005 imposing certain restrictive measures in respect 
of the Democratic Republic of Congo 

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  2007/654/CFSP  of  9  October  2007  amending  Common 
Position 2005/440/CFSP concerning restrictive measures against the Democratic Republic of 
Congo1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

Council Regulation (EC) No 889/20052 imposed restrictive measures in respect of the 
Democratic  Republic  of  Congo  (DRC),  in  accordance  with  Common  Position 
2005/440/CFSP  and  in  line  with  UN  Security  Council  Resolution  1596  (2005)  and 
subsequent relevant resolutions. 

By  means  of  Resolution  1771  (2007)  of  10  August  2007,  the  UN  Security  Council 
decided,  inter  alia,  that  the  restrictive  measures  on  technical  assistance  should  not 
apply  to  the  provision  of  relevant  technical  assistance,  as  notified  in  advance  to  the 
Committee established by paragraph 8 of Resolution 1533 (2004) and agreed to by the 
Government of the DRC, where such assistance is intended solely for support of units 
of  the  army  and  police  of  the  DRC  that  are  in  the  process of  their  integration  in  the 
provinces  of  North  and  South  Kivu  and  the  Ituri  district.  It  is  appropriate  to  amend 
Regulation (EC) No 889/2005 accordingly. 

(3) 

It is also appropriate to align Regulation (EC) No 889/2005 with recent developments 
in sanctions practice regarding the identification of competent authorities, liability for 
infringements and jurisdiction, 

1 
2 

OJ L 264, 10.10.2007, p. 11. 
OJ  L  152,  15.6.2005,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  1791/2006  (OJ  L  363, 
20.12.2006, p. 1). 

EN 

3 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 889/2005 is amended as follows: 

(1) 

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  the  Annex,  in  the  Member  State  where  the  service  provider  is 
established, may authorise the provision of:  

(a) 

(b) 

(c) 

(d) 

technical  assistance,  financing  and  financial  assistance  related  to  arms  and 
related  materiel  intended  solely  for  the  support  of  and  use  by  the  United 
Nations Organisation Mission in the DRC (‘MONUC’);  

technical  assistance,  financing  and  financial  assistance  related  to  arms  and 
related materiel intended solely for the support of or use by units of the army 
and police of the DRC, provided that the said units: 

(i) 

have completed the process of their integration, or 

(ii)  operate  under  the  command,  respectively,  of  the  ‘état  major  intégré’  of 

the Armed Forces or of the National Police of the DRC, or 

(iii)  are in the process of their integration, in the territory of the DRC outside 

the provinces of North and South Kivu and the Ituri district; 

technical  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 their integration in the provinces of North and South Kivu and the 
Ituri  district,  where  the  provision  of  such  assistance  or  services  has  been 
notified in advance to the Sanctions Committee; and 

technical  assistance,  financing  and  financial  assistance  related  to  non-lethal 
military  equipment  intended  solely  for  humanitarian  or  protective  use,  where 
the provision of such assistance or services has been notified in advance to the 
Sanctions Committee.  

2. 

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

(2) 

The following Article 2a is inserted: 

“Article 2a 

The prohibition set out in Article 2(b) shall not give rise to liability of any kind on the part of 
the natural or legal persons or entities concerned, if they did not know, and had no reasonable 
cause to suspect, that their actions would infringe this prohibition.” 

EN 

4 

   EN 

 
(3) 

The following Article 6a is inserted: 

“Article 6a 

1. 

2. 

Member  States  shall  designate  the  competent  authorities  referred  to  in  Article  3(1) 
and identify them in the websites as listed in the Annex. 

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

(4) 

Article 7 is replaced by the following: 

“Article 7 

This Regulation shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(5) 

within the territory of the Community; 

on board any aircraft or any vessel under the jurisdiction of a Member State; 

to any person inside or outside the territory of the Community who is a national of a 
Member State; 

to any legal person, entity or body which is incorporated or constituted under the law 
of a Member State; 

to any legal person, entity or body in respect of any business done in whole or in part 
within the Community.” 

The  Annex  to  Regulation  (EC)  No  889/2005  is  replaced  by  the  text  in  the  Annex  to 
this Regulation. 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN 

 
 
 
 
 
"ANNEX 

Websites for information on the competent authorities referred to in Articles 3 and 6a, 
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 

EN 

6 

   EN 

 
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 12/108 
B-1049 Bruxelles/Brussel (Belgium) 
E-mail: relex-sanctions@ec.europa.eu 
Tel. (32 2) 29 91176/55585 
Fax: (32 2) 299 0873" 

EN 

7 

   EN