Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 131/2004 concerning certain restrictive measures in respect of Sudan
Date: 2011-11-10
Institutions: European Commission, High Representative of the Union
Subjects: Sudan, arms trade, economic sanctions, international sanctions, trade restriction

EUROPEAN COMMISSION 

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

Brussels, 10.11.2011 
COM(2011) 718 final 

2011/0318 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 131/2004 concerning certain restrictive measures 
in respect of Sudan 

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EXPLANATORY MEMORANDUM 

1. Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against 
Sudan  and  Souh  Sudan  repeals  Common  Position  2005/411/CFSP  and  amends  the  scope  of 
restrictive  measures  to  reflect  the  creation  of  the  state  of  South  Sudan  following  the 
independence referendum of January 2011. 

2. Council Regulation (EC) No 131/2004 should therefore be amended accordingly. 

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2011/0318 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 131/2004 concerning certain restrictive measures 
in respect of Sudan 

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  Decision  2011/423/CFSP  of  18  July  2011  concerning  restrictive 
measures against Sudan and South Sudan and repealing Common Position 2005/411/CFSP1, 

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) 

On 30 May 2005, the Council adopted Common Position 2005/411/CFSP2 concerning 
restrictive measures against Sudan. 

On 18 July 2011, the Council adopted Decision 2011/423/CFSP concerning restrictive 
measures  against  Sudan  and  South  Sudan  and  repealing  Common  Position 
2005/411/CFSP.  Decision  2011/423/CFSP  amended  the  scope  of  the  restrictive 
measures imposed by the repealed Common Position 2005/411/CFSP. 

(3) 

Council Regulation (EC) No 131/2004 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Council Regulation (EC) No 131/2004 is amended as follows: 

1. 

The title is replaced by the following: 

‘Council  Regulation  (EC)  No  131/2004  of  26  January  2004  imposing  certain 
restrictive measures in respect of Sudan and South Sudan. 

2. 

Article 2 is replaced by the following: 

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2 

OJ L 188, 19.7.2011, p. 20.  
OJ L 139, 2.6.2005, p. 25. 

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It shall be prohibited: 

"Article 2 

(a) to grant, sell, supply or transfer technical assistance related to military activities 
and to the provision, manufacture, maintenance and use of arms and 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 person, entity or body in, or for use in Sudan or South Sudan; 

(b) 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  any  grant,  sale,  supply,  or  transfer  of 
related technical assistance, directly or indirectly to any person, entity or body in, or 
for use in Sudan or South Sudan." 

3. 

Article 5 is replaced by the following: 

"Article 5 

Articles  2  and  3  shall  not  apply  to  protective  clothing,  including  flak  jackets  and 
military helmets, temporarily exported to Sudan or South Sudan by United Nations 
personnel, personnel of the Union or its Member States, representatives of the media 
and  humanitarian  and  development  workers  and  associated  personnel  for  their 
personal use only." 

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

For the Council 
The President 
[…] 

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