Proposal for a Council Regulation (EU) No …/2010 amending Regulation (EC) No 1412/2006 concerning certain restrictive measures in respect of Lebanon EN (presented jointly by the Commission and the High Representative of the EU for Foreign Affairs and Security Policy)
Date: 2010-05-12
Institutions: European Commission
Subjects: Lebanon, financial aid, financing, international sanctions, military cooperation, military equipment, technical cooperation

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EUROPEAN COMMISSION 

Brussels, 12.5.2010 
COM(2010)227 final 

2010/0126 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

amending Regulation (EC) No 1412/2006 concerning certain restrictive measures in 
respect of Lebanon 

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

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

Council Regulation (EC) No 1412/2006, as amended by Commission Regulation (EC) 
No  690/2007,  imposes  certain  restrictive  measures  in  respect  of  Lebanon  in 
accordance  with  Common  Position  2006/625/CFSP  and  UN  Security  Council 
Resolution 1701 (2006). 

It is appropriate to align Regulation (EC) No 1412/2006 with recent developments in 
sanctions practice regarding the identification of competent authorities and liability for 
certain infringements. 

For the sake of clarity, the Articles to which amendments need to be made should be 
republished in full. 

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2010/0126 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

amending Regulation (EC) No 1412/2006 concerning certain restrictive measures in 
respect of Lebanon 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 215 (1) thereof, 

Having  regard  to  Council  Common  Position  2006/625/CFSP  of  15  September  2006 
concerning  a  prohibition  on  the  sale  or  supply  of  arms  and  related  matériel  and  on  the 
provision  of  related  services  to  entities  or  individuals  in  Lebanon  in  accordance  with  UN 
Security Council Resolution 1701 (2006)1, 

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) 

Council  Regulation  (EC)  No  1412/2006  of  25  September  2006  concerning  certain 
restrictive measures in respect of Lebanon2 prohibits the provision of certain technical 
assistance,  financing  and  financial  assistance  to  anyone  in  Lebanon  or  for  use  in 
Lebanon, in accordance with Common Position 2006/625/CFSP. 

It is appropriate to align Regulation (EC) No 1412/2006 with recent developments in 
sanctions practice regarding the identification of competent authorities and liability for 
certain infringements. For the sake of clarity, the Articles to which amendments need 
to be made should be republished in full, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 1412/2006 is amended as follows: 

(1) 

The following Article 2a is inserted: 

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2 

OJ L 253, 16.9.2006, p. 36. 
OJ L 267, 27.9.2006, p. 2. 

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“Article 2a 

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

(2) 

Article 3 is replaced by the following: 

“Article 3 

1. 

By  way  of  derogation  from  Article  2,  the  competent  authorities  in  the  Member 
States,  as  indicated  in  the  websites  listed  in  the  Annex,  may  authorise,  after  prior 
written  notification  to  the  Government  of  Lebanon  and  UNIFIL,  and  under  such 
conditions as they deem appropriate: 

(a) 

the  provision  to  any  natural  or  legal  person,  entity  or  body  in  Lebanon  other 
than  the  armed  forces  of  the  Lebanese  Republic  or  UNIFIL,  of  technical 
assistance, financing and financial assistance related to arms or related matériel 
which are either in or for use in Lebanon, provided that: 

(i) 

the services shall not be provided, directly or indirectly, to any militia for 
whose  disarmament  the  UN  Security  Council  has  called  in  its 
Resolutions 1559 (2004) and 1680 (2006),  

(ii) 

the authorisations are granted on a case-by-case basis, and 

(iii) 

the  Government  of  Lebanon  or  UNIFIL  authorised  in  each  case  the 
provision  to  the  person,  entity  or  body  concerned  of  the  services 
concerned.  If  the  Government  of  Lebanon  or  UNIFIL  authorises  a 
specific supply or transfer to a person, entity or body of specific arms or 
related  matériel,  that  authorisation  may  be  construed  as  authorising  the 
provision to that person, entity or body of technical assistance related to 
the provision, manufacture, maintenance and use of the goods concerned; 

(b) 

the  provision  to  the  armed  forces  of  the  Lebanese  Republic  of  technical 
assistance related to military activities and to arms or related matériel, and of 
financing  and  financial  assistance  related  to  military  activities,  unless  the 
Government of Lebanon raises any objection within 14 days after the receipt of 
a notification. 

2. 

By  way  of  derogation  from  Article  2,  the  competent  authorities  in  the  Member 
States,  as  indicated  in  the  websites  listed  in  the  Annex,  may  authorise,  under  such 
conditions as they deem appropriate:  

(a) 

the provision of technical assistance related to military activities and to arms or 
related matériel, provided that: 

(i) 

the  goods  to  which  the  assistance  relates  are  in  use  or  will  be  used  by 
UNIFIL in the performance of its mission, and 

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(ii) 

the  services  are  provided  to  armed  forces  that  are  or  will  be  part  of 
UNIFIL; 

(b) 

the provision of financing and financial assistance related to military activities 
and to arms or related matériel, provided that: 

(i) 

(ii) 

the financing or financial assistance is provided to UNIFIL, to the armed 
forces of a State that provides troops to UNIFIL, or to a public authority 
in charge of procurement for the armed forces of such a State, and  

the  arms  or  related  matériel  are  procured  for  the  purpose  of  use  by 
UNIFIL  or  by  the  armed  forces  of  the  State  concerned  assigned  to 
UNIFIL. 

3. 

4. 

The competent authorities in the Member States, as indicated in the websites listed in 
the Annex, may only grant the authorisations referred to in paragraphs 1 and 2 prior 
to the activity for which they are requested. 

Member  States  shall  inform  the  other  Member  States  and  the  Commission  of  any 
authorisation granted under paragraph 1.” 

(3) 

The following Article 6a is inserted: 

“Article 6a 

1. 

2. 

Member States shall designate the competent authorities referred to in Article 3 and 
identify them in the websites as listed in the Annex. Member States shall notify the 
Commission  of  any  changes  to  the  addresses  of  their  websites  listed  in  the  Annex 
before such changes take effect. 

Member States shall notify the Commission of their competent authorities, including 
their  contact  details,  by  15  July  2010  and  shall  notify  it  without  delay  of  any 
subsequent amendment.” 

(4) 

The Annex is replaced by the text in the Annex to this Regulation. 

This Regulation shall enter into force on the third 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, […] 

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For the Council 
The President 
[…] 

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ANNEX  

“ANNEX 

Websites for information on the competent authorities referred to in Article 3, and 
address for notifications to the European Commission 

(to be completed by Member States) 

BELGIUM 

BULGARIA 

CZECH REPUBLIC 

DENMARK 

GERMANY 

ESTONIA 

IRELAND 

GREECE 

SPAIN 

FRANCE 

ITALY 

CYPRUS 

LATVIA 

LITHUANIA 

LUXEMBOURG 

HUNGARY 

MALTA 

NETHERLANDS 

AUSTRIA 

POLAND 

PORTUGAL 

ROMANIA 

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SLOVENIA 

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  Common  Foreign  and  Security 
Policy 

Unit A2. Crisis Response and Peace Building 

CHAR 12/106 

B-1049 Bruxelles/Brussel (Belgium) 

E-mail: relex-sanctions@ec.europa.eu 

Tel. (32 2) 295 55 85 

Fax: (32 2) 299 08 73” 

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