Proposal for a Council Regulation (EU) No …/2010 amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia (presented jointly by the High Representative of the EU for Foreign Affairs and Security Policy and the Commission)
Date: 2010-04-08
Institutions: European Commission
Subjects: Liberia, common foreign and security policy, financial aid, international sanctions, military cooperation, military equipment, technical cooperation, trade restriction

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EUROPEAN COMMISSION  

Brussels, 8.4.2010 
COM(2010)130 final 

2010/0072 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

amending Regulation (EC) No 234/2004 concerning certain restrictive measures in 
respect of Liberia 

(presented jointly by the High Representative of the EU  
for Foreign Affairs and Security Policy and the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

Common  Position  2004/137/CFSP  provided  for  the  implementation  of  the  measures 
set out in UN Security Council Resolution 1521 (2003), including a ban on technical 
assistance  relating  to  military  activities.  It  also  provided  for  a  ban  on  financial 
assistance  related  to  military  activities.  Pursuant  to  that  Common  Position,  Council 
Regulation  (EC)  No  234/20041  imposes  a  general  ban  on  the  provision  of  technical 
assistance, financing or financial assistance related to military activities, to any person, 
entity or body in, or for use in, Liberia. 

On  12  February  2008,  the  Council  adopted  Common  Position  2008/109/CFSP  of  12 
February  2008  which  confirmed  these  measures,  and  consolidated  these  and  other 
measures into a single Common Position. 

On  17  December  2009,  the  UN  Security  Council  adopted  Resolution  1903  (2009), 
which  amended  the  UN  restrictive  measures  on  arms  and  related  materiel,  and  the 
provision of technical assistance, financing and financial assistance relating to military 
activities,  by  confining  the  effect  of  these  restrictive  measures  to  non-governmental 
entities  and  individuals  operating  in  the  territory  of  Liberia.  Exports  of  arms  and 
related  materiel,  and  the  provision  of  assistance,  advice  and  training  relating  to 
military activities, to the Government of Liberia are no longer prohibited. Pursuant to 
this  Resolution,  the  Council  has  adopted  Decision  2010/129/CFSP2,  amending 
Common Position 2008/109/CFSP. 

(4) 

The High Representative of the Union for Foreign Affairs and Security Policy and the 
Commission jointly propose to amend Regulation (EC) No 234/2004 accordingly. 

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OJ L 40, 12.2.2004, p. 1. 
OJ L 51. 2.3.2010, p 23 

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2010/0072 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

amending Regulation (EC) No 234/2004 concerning certain restrictive measures in 
respect of Liberia  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 215 thereof,  

Having  regard 
2008/109/CFSP concerning restrictive measures imposed against Liberia4, 

to  Council  Decision  2010/129/CFSP3  amending  Common  Position 

Having  regard  to  the  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign 
Affairs and Security Policy and the Commission, 

Whereas: 

(1) 

(2) 

(3) 

Common  Position  2004/137/CFSP  provided  for  the  implementation  of  the  measures 
set out in UN Security Council Resolution (UNSCR) 1521 (2003), including a ban on 
technical  assistance  relating  to  military  activities.  It  also  provided  for  a  ban  on 
financial  assistance  related  to  military  activities.  Pursuant  to  that  Common  Position, 
Council  Regulation  (EC)  No  234/20045  imposes  a  general  ban  on  the  provision  of 
technical  assistance,  financing  or  financial  assistance  related  to  military  activities,  to 
any person, entity or body in, or for use in, Liberia. 

On  12  February  2008,  the  Council  adopted  Common  Position  2008/109/CFSP  of  12 
February  2008  which  confirmed  these  measures,  and  consolidated  these  and  other 
measures into a single legal act. 

On  17  December  2009,  the  UN  Security  Council  adopted  Resolution  1903  (2009), 
which  amended  the  UN  restrictive  measures  on  arms  and  related  materiel,  and  the 
provision of assistance, advice and training relating to military activities, by confining 
the  effect  of  these  restrictive  measures  to  non-governmental  entities  and  individuals 
operating  in  the  territory  of  Liberia.  Pursuant  to  this  Resolution,  the  Council  has 
adopted Decision 2010/129/CFSP, amending Common Position 2008/109/CFSP. 

(4) 

Regulation (EC) No 234/2004 should be amended accordingly. 

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OJ L 51. 2.3.2010, p 23 
OJ L 38, 13.2.2008, p. 26. 
OJ L 40, 12.2.2004, p. 1. 

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(5) 

Any  processing  of  personal  data  of  natural  persons  under  this  Regulation  should 
respect Regulation (EC) No 45/2001 of the European Parliament and of the Council of 
18  December  2000  on  the  protection  of  individuals  and  bodies  and  on  the  free 
movement  of  such  data6  and  Directive  95/46/EC  of  the  European  Parliament  and  of 
the  Council  of  24  October  1995  on  the  protection  of  individuals  with  regard  to  the 
processing of personal data and on the free movement of such data7,  

HAS ADOPTED THIS REGULATION: 

Article 1 

Council Regulation (EC) No 234/2004 is hereby amended as follows: 

1. 

In Article 1, the following definition is added: 

“Sanctions Committee” means the Committee established by paragraph 21 of United 
Nations Security Council Resolution 1521 (2003);” 

2. 

Article 2 is replaced by the following:  

1. 

It shall be prohibited  

“Article 2 

(a) 

(b) 

to provide technical assistance related to military activities, including to 
the provision, manufacture, maintenance and use of arms and of related 
materiel  of  all  types,  including  weapons  and  ammunition,  military 
vehicles and equipment, paramilitary equipment, and spare parts for the 
aforementioned,  directly  or  indirectly  to  any  non-governmental  person, 
entity or body in or for use in Liberia;  

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  the 
provision of related technical assistance, directly or indirectly to any non-
governmental person, entity or body in or for use in Liberia; or 

(c) 

to  participate,  knowingly  and  intentionally,  in  activities  the  object  or 
effect of which is to circumvent the prohibitions referred to in (a) or (b) 
above. 

2. 

The Member State concerned shall notify the Sanctions Committee in advance 
of the provision of any technical assistance, financing or financial assistance to 
any  governmental  or  other  person,  entity  or  body  in  Liberia,  or  for  use  in 
Liberia, which is provided other than in accordance with Article 3(1)(a) below. 
Such  notification  shall  contain  all  relevant  information,  including,  where 

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OJ L 8, 12.1.2001, p. 1. 
OJ L 281, 23.11.1995, p. 31. 

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appropriate,  the  end-user,  the  proposed  date  of  delivery  and  the  itinerary  of 
shipments.” 

3. 

Article 3 is replaced by the following: 

“Article 3 

1. 

By way of derogation from Article 2, the competent authority in the Member 
State  where  the  service  provider  is  established,  as  indicated  in  the  websites 
listed in Annex 1, may authorise the provision of:  

(a) 

(b) 

technical  assistance  intended  solely  for  support  of  or  use  by  the  United 
Nations Mission in Liberia; and  

technical  assistance  related  to  non-lethal  equipment  which  is  intended 
solely for humanitarian or protective use, provided that the Member State 
concerned  has  notified  the  provision  of  such  technical  assistance  to  the 
Sanctions Committee in accordance with Article 2(2) above. 

2.  Decisions on requests for authorisation shall be taken by competent authorities 
on a case by case basis, taking account of all relevant considerations including 
the  criteria  set  out  in  the  Council Common  Position  2008/944/CFSP  defining 
common  rules  governing  control  of  exports  of  military  technology  and 
equipment8.  Competent  authorities  shall  require  safeguards  against  misuse  of 
such  authorisations,  and  shall,  where  appropriate,  make  provisions  for  the 
repatriation of the delivered arms and related materiel. 

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

4. 

Article 4 is deleted. 

Article 2 

This Regulation shall enter into force on the day following the date of 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, […] 

For the Council 
The President 
[…] 

8 

OJ L 335, 13.12.2008, p. 99. 

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