Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect of the Republic of Guinea
Date: 2011-11-10
Institutions: European Commission, High Representative of the Union
Subjects: Guinea, economic sanctions, international sanctions, military equipment, trade restriction

EUROPEAN COMMISSION 

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

Brussels, 10.11.2011 
COM(2011) 719 final 

2011/0319 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) No 1284/2009 imposing certain specific restrictive 
measures in respect of the Republic of Guinea 

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EXPLANATORY MEMORANDUM 

1.  The  Council  adopted  Council  Decision  2011/…/CFSP  amending  Council  Decision 
2010/638/CFSP concerning restrictive measures against the Republic of Guinea. The Decision 
amends the scope of the embargo on the export of military equipment and equipment capable 
of being used for internal repression. 

2.  Action  at  EU  level  is  required  to  give  effect  to  certain  aspects  of  the  amendment  to  the 
scope of this embargo. 

3. Council Regulation (EU) No 1284/2009 should therefore be amended. 

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2011/0319 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) No 1284/2009 imposing certain specific restrictive 
measures in respect of the Republic of Guinea 

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 
2010/638/CFSP concerning restrictive measures against the Republic of Guinea1, 

to  Council  Decision  2011/…/CFSP  amending  Council  Decision 

regard 

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  (EU)  No  1284/20092  of  22  December  2009  imposed  certain 
restrictive measures in respect of the Republic of Guinea, in accordance with Common 
Position  2009/788/CFSP3  (later  replaced  by  Council  Decision  2010/638/CFSP4),  in 
response  to  the  violent  crackdown  by  security  forces  on  political  demonstrators  in 
Conakry on 28 September 2009. 

On  […]  2011  the  Council  adopted  Decision  2011/…../CFSP  amending  Council 
Decision 2010/638/CFSP which amended the scope of the measures related to military 
equipment and equipment capable of being used for internal repression. 

Certain  aspects  of  these  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. 

(4) 

Council Regulation (EU) No 1284/2009 should be amended accordingly. 

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2 
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OJ L … , … 2011, p. .. . 
OJ L 346, 23.12.2009, p. 26. 
OJ L 281, 28.10.2009, p. 7. 
OJ L 280, 26.10.2010, p. 10. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Paragraph 1of Article 4 of Regulation (EU) No 1284/2009 is replaced by the following: 

“1.  By  way  of  derogation  from  Articles  2  and  3,  the  competent  authorities  of  the 
Member States as indicated in the websites listed in Annex III, may in duly justified 
cases authorise:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  sale,  supply,  transfer  or  export  of  equipment  which  might  be  used  for 
internal repression, provided it is intended solely for humanitarian or protective 
use,  or  for  institution-building  programmes  of  the  United  Nations  (UN),  the 
European  Union,  or  for  European  Union  and  UN  crisis  management 
operations;  

the  sale,  supply,  transfer  or  export  of  non-lethal  equipment  which  might  be 
used for internal repression, provided it is intended solely to enable the police 
and  gendarmerie  of  Guinea  to  use  only  appropriate  and  proportionate  force 
while maintaining public order;  

the provision of financing, financial assistance, technical assistance, brokering 
services  and  other  services  related  to  equipment  or  to  programmes  and 
operations referred to in point (a) and (b);  

the provision of financing, financial assistance, technical assistance, brokering 
services  and  other  services  related  to  non-lethal  military  equipment  intended 
solely for humanitarian or protective use, for institution-building programmes 
of the UN and the Union, or for European Union  and UN crisis management 
operations; 

the provision of financing, financial assistance, technical assistance, brokering 
services  and  other  services  related  to  non-lethal  military  equipment  intended 
solely to enable the police and gendarmerie of Guinea to use only appropriate 
and proportionate force while maintaining public order; 

the provision of financing, financial assistance, technical assistance, brokering 
services  and  other  services  related  to  non-combat  vehicles  which  have  been 
manufactured  or  fitted  with  materials  to  provide  ballistic  protection,  intended 
solely for protective use of personnel of the European Union and its Member 
States in the Republic of Guinea. 

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. 

Article 2 

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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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