Proposal for a COUNCIL REGULATION amending Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire
Date: 2010-11-08
Institutions: European Commission, High Representative of the Union
Subjects: Côte d'Ivoire, arms trade, common foreign and security policy, international sanctions, military cooperation, technical cooperation

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EUROPEAN COMMISSION 

Brussels, 8.11.2010 
COM(2010) 654 final 

2010/0321 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance 
related to military activities to Côte d’Ivoire 

(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) 

(4) 

On 15 October 2010 the UN Security Council adopted Resolution 1946(2010) on Côte 
d’Ivoire confirming the restrictive measures decided in 2004 and 2005. The Resolution 
also  amends  the  terms  of  the  embargo  on  arms  and  military  equipment  in  that  it 
foresees  that  the  Sanctions  Committee  established  by  Resolution  1572  (2004)  may 
approve  supplies  of  non-lethal  equipment  intended  solely  to  enable  the  Ivorian 
security  forces  to  use  only  appropriate  and  proportionate  force  while  maintaining 
public order. 

Further to this Resolution the Council is preparing a CFSP Decision based on Article 
29  TEU  renewing  the  restrictive  measures  against  Côte  d’Ivoire  and  aligning  the 
exceptions to the embargo on arms and military equipment with UN Security Council 
Resolution  1946(2010).  The  CFSP  Decision  also  provides  for  a  similar  exception  as 
regards the embargo on equipment which might be used for internal repression. 

Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance related 
to  military  activities  to  Côte  d’Ivoire  gives  effect  to  the  restrictive  measures 
concerned. It needs to be amended in view of these developments.  

It  is  appropriate  to  replace  the  list  of  equipment  which  might  be  used  for  internal 
repression  to  take  account  of  the  entry  into  force  of  Regulation  (EC)  No  1236/2005 
concerning trade in certain goods which could be used for capital punishment, torture 
or  other  cruel,  inhuman  or  degrading  treatment  or  punishment.  The  list  set  out  in 
Annex II to the Guidelines on implementation and evaluation of restrictive measures 
(sanctions) in the framework of the EU Common Foreign and Security Policy (Council 
document 17464/09 of 15 December 2009) was drawn up for this purpose. 

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2010/0321 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance 
related to military activities to Côte d’Ivoire 

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  to  Council  Decision  2010/…/CFSP  of  …  2010  renewing  the  restrictive 
measures against Côte d’Ivoire1, 

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) 

Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the 
supply  of  assistance  related  to  military  activities  to  Côte  d’Ivoire2  provides  for 
prohibitions  on  the  export  of  equipment  which  might  be  used  for  internal  repression 
and on the provision of certain technical assistance, financing and financial assistance. 
These  restrictions  were  enacted  in  accordance  with  Council  Common  Position 
2004/852/CFSP  of  13  December  2004  concerning  restrictive  measures  against  Côte 
d’Ivoire3. 

Taking into account UN Security Council Resolution 1946 of 15 October 2010, it is 
appropriate  to  amend  the  restrictive  measures  in  order  to  permit  the  export  of  non-
lethal  equipment  intended  solely  to  enable  the  Ivorian  security  forces  to  use  only 
appropriate  and  proportionate  force  while  maintaining  public  order,  as  well  as  the 
provision of related technical assistance, financing and financial assistance. 

The list of equipment which might be used for internal repression should be updated 
following recommendations made by experts, taking into account Council Regulation 
(EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be 
used for capital punishment, torture or other cruel, inhuman or degrading treatment or 
punishment4. 

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OJ L …, … 2010, p. … 
OJ L 29, 2.2.2005, p. 5. 
OJ L 368, 15.12.2004, p. 50. 
OJ L 200, 30.7.2005, p. 1. 

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(4) 

It is appropriate to update the article on Union jurisdiction in light of recent drafting 
practice. 

(5) 

Regulation (EC) No 174/2005 should be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 174/2005 is amended as follows: 

(1) 

Article 4(1) is replaced by the following: 

“1.  By way of derogation from Article 2, the prohibitions referred to therein shall 

not apply to: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  provision  of  technical  assistance,  financing  and  financial  assistance 
related to arms and related materiel, where such assistance or services are 
intended solely for support of and use by the United Nations Operation in 
Côte d’Ivoire (UNOCI) and the French forces who support it; 

the  provision  of  technical  assistance  related  to  non-lethal  military 
equipment  intended  solely  for  humanitarian  or  protective  use,  including 
such  equipment  intended  for  EU,  UN,  African  Union  and  Economic 
Community  of  West  African  States  (ECOWAS)  crisis  management 
operations, where such activities have also been approved in advance by 
the Sanctions Committee; 

the  provision  of  financing  or  financial  assistance  related  to  non-lethal 
military  equipment  intended  solely  for  humanitarian  or  protective  use, 
including  such  equipment  intended  for  EU,  UN,  African  Union  and 
ECOWAS crisis management operations; 

the provision of technical assistance related to arms and related materiel 
intended  solely  for  support  of  or  use  in  the  process  of  restructuring 
defence and security forces pursuant to paragraph 3, subparagraph (f) of 
the  Linas-Marcoussis  Agreement,  where  such  activities  have  also  been 
approved in advance by the Sanctions Committee; 

the  provision  of  financing  or  financial  assistance  related  to  arms  and 
related  materiel  intended  solely  for  support  of  or  use  in  the  process  of 
restructuring  defence  and  security  forces  pursuant  to  paragraph  3, 
subparagraph (f) of the Linas-Marcoussis Agreement;  

the sales or supplies temporarily transferred or exported to Côte d'Ivoire 
to  the  forces  of  a  State  which  is  taking  action,  in  accordance  with 
international  law,  solely  and  directly  to  facilitate  the  evacuation  of  its 
nationals  and  those  for  whom  it  has  consular  responsibility  in  Côte 
d'Ivoire, where such activities have also been notified in advance to the 
Sanctions Committee; 

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(g) 

the  provision  of  technical  assistance,  financing  or  financial  assistance 
related  to  non-lethal  military  equipment  intended  solely  to  enable  the 
Ivorian  security  forces  to  use  only  appropriate  and  proportionate  force 
while maintaining public order.” 

(2) 

The following Article 4a is inserted: 

“Article 4a 

1. 

By  way  of  derogation  from  Article  3,  the  competent  authority,  as  listed  in 
Annex  II,  of  the  Member  State  where  the  exporter  or  service  provider  is 
established  may  authorise,  under  such  conditions  as  it  deems  appropriate,  the 
sale, supply, transfer or export of non-lethal equipment listed in Annex I or the 
provision  of  technical  assistance,  financing  or  financial  assistance  related  to 
such  non-lethal  equipment,  after  having  determined  that  the  non-lethal 
equipment concerned is intended solely to enable the Ivorian security forces to 
use only appropriate and proportionate force while maintaining public order. 

2. 

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

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

(3) 

Article 9 is replaced by the following: 

This Regulation shall apply: 

“Article 9 

(a)  within the territory of the Union, including its airspace; 

(b)  on board any aircraft or any vessel under the jurisdiction of a Member State; 

(c) 

(d) 

(e) 

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

to any legal person, entity or body which is incorporated or constituted under 
the law of a Member State; 

to any legal person, entity or body in respect of any business done in whole or 
in part within the Union.” 

(4) 

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

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This Regulation shall enter into force on [… October 2010]. 

Article 2 

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

Done at […], 

For the Council 
The President 

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ANNEX  

“ANNEX I 

List of equipment which might be used for internal repression as referred to in Article 3 
and 4a 

1. 

Fire-arms, ammunition and related accessories therefor, as follows: 

1.1  Firearms not controlled by ML 1 and ML 2 of the EU Common Military List5; 

1.2  Ammunition  specially  designed  for  the  firearms  listed  in  1.1  and  specially 

designed components therefor; 

1.3  Weapon-sights not controlled by the EU Common Military List. 

Bombs and grenades not controlled by the EU Common Military List. 

Vehicles as follows: 

2. 

3. 

3.1  Vehicles equipped with a water cannon, specially designed or modified for the 

purpose of riot control; 

3.2  Vehicles specially designed or modified to be electrified to repel borders; 

3.3  Vehicles  specially  designed  or  modified  to  remove  barricades,  including 

construction equipment with ballistic protection; 

3.4  Vehicles  specially  designed  for  the  transport  or  transfer  of  prisoners  and/or 

detainees; 

3.5  Vehicles specially designed to deploy mobile barriers; 

3.6  Components for the vehicles specified in 3.1 to 3.5 specially designed for the 

purposes of riot control. 

Note 1 This item does not control vehicles specially designed for the purposes 

of fire-fighting. 

Note 2 For the purposes of item 3.5 the term "vehicles" includes trailers. 

4. 

Explosive substances and related equipment as follows: 

4.1  Equipment and devices specially designed to initiate explosions by electrical or 
non-electrical  means,  including  firing  sets,  detonators,  igniters,  boosters  and 
detonating  cord,  and  specially  designed  components  therefor;  except  those 
specially designed for a specific commercial use consisting of the actuation or 
operation  by  explosive  means  of  other  equipment  or  devices  the  function  of 
which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge 
arresters of fire sprinkler actuators); 

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OJ L 88, 29.3.2007, p. 58. 

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4.2  Linear  cutting  explosive  charges  not  controlled  by  the  EU  Common  Military 

List; 

4.3  Other explosives not controlled by the EU Common Military List and related 

substances as follows: 

a. 

b. 

c. 

d. 

e. 

f. 

amatol; 

nitrocellulose (containing more than 12,5 % nitrogen); 

nitroglycol; 

pentaerythritol tetranitrate (PETN); 

picryl chloride; 

2,4,6-trinitrotoluene (TNT). 

5. 

Protective equipment not controlled by ML 13 of the EU Common Military List as 
follows: 

5.1  Body armour providing ballistic and/or stabbing protection; 

5.2  Helmets providing  ballistic and/or  fragmentation protection,  anti-riot  helmets, 

antiriot shields and ballistic shields. 

Note  This item does not control: 

- equipment specially designed for sports activities; 

- equipment specially designed for safety of work requirements. 

6. 

7. 

8. 

9. 

10. 

11. 

Simulators, other than those controlled by ML 14 of the EU Common Military List, 
for training in the use of firearms, and specially designed software therefor. 

Night  vision,  thermal  imaging  equipment  and  image  intensifier  tubes,  other  than 
those controlled by the EU Common Military List. 

Razor barbed wire. 

Military knives, combat knives and bayonets with blade lengths in excess of 10 cm. 

Production equipment specially designed for the items specified in this list. 

Specific technology for the development, production or use of the items specified in 
this list.” 

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