Proposal for a Council Regulation amending Regulation (EC) No 889/2005 imposing certain restrictive measures in respect of the Democratic Republic of Congo
Date: 2008-06-11
Institutions: European Commission
Subjects: Democratic Republic of the Congo, international sanctions, military cooperation, military equipment, technical cooperation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.6.2008 
COM(2008) 350 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) 

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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  1807  (2008)  of  31  March  2008,  the  UN  Security  Council 
decided, inter alia, to modify the scope of the restrictive measures on certain technical 
assistance  so  as  to  limit  restrictions  to  non-governmental  entities  and  individuals 
operating  in  the  territory  of  the  DRC.  The  Council  adopted  Common  Position 
2008/369/CFSP,  which  gives  effect  to  Resolution  1807  (2008)  and  repeals  Common 
Position 2005/440/CFSP, on 14 May 2008.  

(3) 

It is appropriate to amend Regulation (EC) No 889/2005 accordingly. 

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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  2008/369/CFSP  of  14  May  2008  concerning  restrictive 
measures  against  the  Democratic  Republic  of  the  Congo  and  repealing  Common  Position 
2005/440/CFSP1, 

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  1807  (2008)  of  31  March  2008,  the  UN  Security  Council 
decided, inter alia, to modify the scope of the restrictive measures on certain technical 
assistance  so  as  to  limit  the  restrictions to  non-governmental  entities  and  individuals 
operating  in  the  territory  of  the  DRC.  The  Council  adopted  Common  Position 
2008/369/CFSP,  which  gives  effect  to  Resolution  1807  (2008)  and  repeals  Common 
Position 2005/440/CFSP, on 14 May 2008.  

(3) 

It is appropriate to amend Regulation (EC) No 889/2005 accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

Article 2 is replaced by the following: 

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OJ L 127, 15.5.2008, p.84. 
OJ  L  152,  15.6.2005,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1377/2007  (OJ  L  309, 
27.11.2007, p. 1). 

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1. 

It shall be prohibited:  

“Article 2 

(a) 

(b) 

to  provide  technical  assistance  related  to  military  activities  directly  or 
indirectly  to  any  person,  entity  or  body  in,  or  for  use  in  the  Democratic 
Republic of Congo (DRC);  

to  provide  financing  or  financial  assistance  related  to  military  activities, 
including  in  particular  grants,  loans  and  export  credit  insurance,  for  any  sale, 
supply, transfer or export of arms and related materiel, or for any grant, sale, 
supply, or transfer of related technical assistance and other services, directly or 
indirectly to any person, entity or body in, or for use in the DRC; 

(c) 

to participate, knowingly and intentionally, in activities the object or effect of 
which is, directly or indirectly, to promote the transactions referred to in points 
(a) and (b). 

2. 

Paragraph 1 shall not apply to the direct provision of technical assistance, financing 
or financial assistance to governmental individuals and entities operating in the DRC 
where the provision of such assistance has been notified in advance to the Sanctions 
Committee.  Such  notifications  should  contain  all  relevant  information,  including, 
where  appropriate,  the  end-user,  the  proposed  date  of  delivery  and  the  itinerary  of 
shipments.” 

(2) 

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) 

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

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.  Such  notifications  should  contain  all 
relevant 
information,  including,  where  appropriate,  the  end-user,  the  proposed  date  of 
delivery and the itinerary of shipments. 

2. 

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

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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 

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