Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire
Date: 2011-06-17
Institutions: European Commission, High Representative of the Union
Subjects: Côte d'Ivoire, arms trade, derogation from EU law, economic sanctions, international sanctions

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 17.6.2011 
COM(2011) 383 final 

2011/0168 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

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

 
 
  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

On  the  basis  of  Common  Position  2004/852/CFSP,  Council  Regulation  (EC)  No 
174/2005,  as  amended,  introduced  a  ban  on  the  supply  of  technical  and  financial 
assistance relating to military activities to Côte d’Ivoire, in order to implement United 
Nations  Security  Council  Resolution  1572  (2004).  It  also  provided  for  a  ban  on  the 
export of internal repression  equipment to Côte d’Ivoire, as well as related technical 
and financial assistance. Common Position 2004/852/CFSP has since been replaced by 
Council Decision 2010/656/CFSP. 

Council  Decision  2011/[…]/CFSP  of  […]  amends  Council  Decision  2010/656/CFSP 
and  modifies  a  derogation  to  the  arms  embargo,  in  light  of  UNSCR  1980  (2011).  It 
also  provides  for  a  specific  derogation  in  relation  to  the  ban  on  internal  repression 
equipment, so as to allow support for security sector reform in Côte d’Ivoire.  

The  High  Representative  of  the  EU  for  Foreign  Affairs  and  Security  Policy  and  the 
Commission propose to give effect to these measures by means of a Regulation based 
on Article 215 of the Treaty on the Functioning of the European Union (TFEU). 

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2011/0168 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council 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  2011/[…]/CFSP  of  […]  amending  Council  Decision 
2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire, 

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) 

(4) 

(5) 

On  29  October  2010,  the  Council  adopted  Decision  2010/656/CFSP1  renewing  the 
restrictive measures against Côte d’Ivoire. Regulation (EC) No 174/20052 gives effect 
to  that  Decision  at  Union  level  by  imposing  restrictions  on  the  supply  of  assistance 
related to military activities to Côte d’Ivoire. 

Decision  2011/[…]/CFSP  of  […]  amends  Decision  2010/656/CFSP  in  the  light  of 
United  Nations  Security  Council  Resolution  1980  (2011).  It  also  provides  for  a 
specific  derogation  in  relation  to  the  ban  on  the  supply  of  internal  repression 
equipement to Côte d’Ivoire. 

Those measures fall within the scope of the Treaty on the Functioning of the European 
Union  and,  therefore,  notably  with  a  view  to  ensuring  their  uniform  application  by 
economic operators in all Member States, regulatory action at the level of the Union is 
necessary in order to implement them. 

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

In order to ensure that the measures provided for in this Regulation are effective, this 
Regulation should enter into force immediately, 

1 
2 

OJ L 285, 30.10.2010, p. 28. 
OJ L 29, 2.2.2005, p. 5.  

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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 the support of or use in the Ivorian process of Security 
Sector Reform, pursuant to a formal request by the Ivorian Government, 
as 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  Ivorian 
process  of  Security  Sector  Reform,  pursuant  to  a  formal  request  by  the 
Ivorian Government;  

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; 

(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) 

Article 4a is replaced by the following:  

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“Article 4a 

1. 

2. 

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. 

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 equipment which might be used for internal 
repression as listed in Annex I, which is intended solely for the support of the 
Ivorian  process  of  Security  Sector  Reform,  as  well  as  the  provision  of 
financing, financial assistance or technical assistance related to such equipment 

3. 

The  relevant  Member  State  shall  inform  other  Member  States  and  the 
Commission of any authorisation made under this Article within two weeks of 
the authorisation.”  

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

This Regulation shall enter into force on the day 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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