Council Regulation (EC) No 666/2008 of 15 July 2008 amending Regulation (EC) No 889/2005 imposing certain restrictive measures in respect of the Democratic Republic of the Congo
Date: 2008-07-15
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, financial aid, international sanctions, military cooperation, military equipment, technical cooperation

16.7.2008

EN

Official Journal of the European Union

L 188/1

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 666/2008

of 15 July 2008

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

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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

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

establishing the European

HAS ADOPTED THIS REGULATION:

Having regard to Council Common Position 2008/369/CFSP of
14 May 2008 concerning restrictive measures against
the
Democratic Republic of the Congo (1),

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

Article 1

Having regard to the proposal from the Commission,

1. Article 2 shall be replaced by the following:

Whereas:

‘Article 2

1.

It shall be prohibited:

(1)

(2)

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

2005/440/CFSP (3)
against

the Democratic Republic of

concerning

By means of Resolution 1807 (2008) of 31 March 2008,
the UN Security Council decided, inter alia, to modify the
the restrictive measures on certain technical
scope of
to non-
so as
assistance
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
Position
repeals
2005/440/CFSP, on 14 May 2008.

restrictions

Common

to limit

(2008)

and

the

(a)

technical

to provide
related to military
assistance
activities directly or indirectly to any non-governmental
entity or person operating in the territory of the DRC;

in particular, grants,
for any sale,

(b) to provide financing or financial assistance related to
loans
military activities including,
and export credit
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
non-governmental entity or person operating in the
territory of the DRC;

insurance,

(1) OJ L 127, 15.5.2008, p. 84.
(2) OJ L 152, 15.6.2005, p. 1. Regulation as last amended by Regu­

lation (EC) No 1377/2007 (OJ L 309, 27.11.2007, p. 1).

(3) OJ L 152, 15.6.2005, p. 22.

(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).

L 188/2

EN

Official Journal of the European Union

16.7.2008

The provision of

technical assistance,

financing or
2.
financial assistance, to any governmental or other person,
entity or body in the DRC, or for use in the DRC, other
than provisions of such assistance to the United Nations
Organisation Mission in the DRC (MONUC) in accordance
with Article 3(1)(a), shall be 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 shall be replaced by the following:

‘Article 3

(a)

financing and financial assistance
technical assistance,
related to arms and related materiel intended solely for
the support of or use by MONUC;

(b) 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 in accordance
with Article 2(2).

No authorisations shall be granted for activities that

2.
have already taken place.’

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:

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, 15 July 2008.

For the Council
The President

M. BARNIER