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: 2012-05-22
Institutions: European Commission, High Representative of the Union
Subjects: Côte d'Ivoire, arms trade, balance of payments assistance, export restriction, international sanctions

EUROPEAN COMMISSION 

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

Brussels, 22.5.2012  
JOIN(2012) 15 final 

2012/0128 (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 

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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 Common Position 2004/852/CFSP has since been replaced by 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  2012/[…]/CFSP  of  […]  amends  Council  Decision  2010/656/CFSP 
as regards the scope of the arms embargo in light of UNSCR 2045 (2012).  

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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2012/0128 (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  2012/[…]/CFSP  of  […]  amending  Council  Decision 
2010/656/CFSP 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) 

On  29  October  2010,  the  Council  adopted  Decision  2010/656/CFSP2  renewing  the 
restrictive  measures  against  Côte  d’Ivoire  and  repealing  Common  Position 
2004/852/CFSP3. Regulation (EC)  No 174/20054, adopted  to give  effect to Common 
Position  2004/852/CFSP,  gives  effect  to  Decision  2010/656/CFSP  at  Union  level  by 
imposing restrictions on the supply of assistance related to military activities to Côte 
d’Ivoire. 

Decision 2012/[…]/CFSP of […] amends the scope of Decision 2010/656/CFSP in the 
light  of  United  Nations  Security  Council  Resolution  2045  (2012)  removing  the 
restrictions  on  the  supply  of  technical  and  financial  assistance  related  to  military 
activities.  It  also  removes  the  restrictions  on  the  supply  of  technical  and  financial 
assistance related to internal repression equipment. 

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. 

(4) 

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

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OJ L 
OJ L 285, 30.10.2010, p. 28. 
OJ L 368, 15.12.2004, p. 50. 
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 1 is replaced by the following: 

(2) 

(3) 

(4) 

(5) 

"For  the  purposes  of  this  Regulation,  ‘Sanctions  Committee’  shall  mean  the 
Committee  of  the  Security  Council  of  the  United  Nations  which  was  established 
pursuant  to  paragraph  14  of  UN  Security  Council  Resolution  (UNSCR)  1572 
(2004)." 

Article 2 is repealed. 

Article 3 is replaced by the following: 

“It shall be prohibited:  

(a) to sell, supply, transfer or export, directly or indirectly, equipment which might 
be used for internal repression as listed in Annex I, whether or not originating in the 
Community, to any person, entity or body in, or for use in, Côte d'Ivoire;  

(b)  to  participate,  knowingly  and  intentionally,  in  activities  the  object  or  effect  of 
which is, directly or indirectly, to promote the transactions referred to in point (a) of 
this article." 

Article 4 is repealed. 

Article 4a, paragraphs 1 and 2 are replaced by the following:  

"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,  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. 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." 

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 

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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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