Council Regulation (EC) No 1377/2007 of 26 November 2007 amending Regulation (EC) No 889/2005 imposing certain restrictive measures in respect of the Democratic Republic of Congo
Date: 2007-11-26
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, financial aid, international sanctions, military cooperation, military equipment, technical cooperation

27.11.2007

EN

Official Journal of the European Union

L 309/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 1377/2007

of 26 November 2007

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

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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

establishing the European

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

Having regard to Common Position 2007/654/CFSP of 9
October 2007 amending Common Position 2005/440/CFSP
concerning
the Democratic
Republic of Congo (1),

restrictive measures

against

HAS ADOPTED THIS REGULATION:

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

Article 1

Having regard to the proposal from the Commission,

1. Article 3 shall be replaced by the following:

Whereas:

‘Article 3

(1)

(2)

in respect of

Council Regulation (EC) No 889/2005 (2)
imposed
the Democratic
restrictive measures
(‘DRC’),
Republic
in accordance with
Common Position 2005/440/CFSP and in line with UN
Security Council Resolution 1596 (2005) and subsequent
relevant resolutions.

of Congo

apply

relevant

to the provision of

By means of Resolution 1771 (2007) of 10 August
inter alia, that
2007, the UN Security Council decided,
the restrictive measures on technical assistance should
not
technical
assistance, as notified in advance to the Committee estab-
lished 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.

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 estab-
lished, may authorise the provision of:

(a)

financing and financial assistance
technical assistance,
related to arms and related materiel intended solely for
the support of and use by the United Nations Organi-
sation Mission in the DRC (“MONUC”);

(b) 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

(1) OJ L 264, 10.10.2007, p. 11.
(2) 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).

(ii) operate under the command, respectively, of

the
“état major intégré” of the Armed Forces or of the
National Police of the DRC, or

L 309/2

EN

Official Journal of the European Union

27.11.2007

(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

(c)

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

(d) 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.

No authorisations shall be granted for activities that

2.
have already taken place.’;

2. the following Article 2a shall be 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
if they did not know, and
persons or entities concerned,
had no reasonable cause to suspect,
their actions
would infringe this prohibition.’;

that

2. 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 shall be replaced by the following:

‘Article 7

This Regulation shall apply:

(a) within the territory of

the Community,

including its

airspace;

(b) on board any aircraft or any vessel under the jurisdiction

of a Member State;

(c)

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

the

(d) to any legal person, entity or body which is incorporated

or constituted under the law of a Member State;

(e)

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

in whole or

3. the following Article 6a shall be inserted:

5. the Annex shall be replaced by the text given in the Annex

to this Regulation.

‘Article 6a

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

Article 2

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

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

Done at Brussels, 26 November 2007.

For the Council
The President

J. SILVA

27.11.2007

EN

Official Journal of the European Union

L 309/3

ANNEX

‘ANNEX

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

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=

L 309/4

EN

Official Journal of the European Union

27.11.2007

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:

Commission of the European Communities
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’