CELEX: 52014JC0002
Language: en
Date: 2014-01-16
Title: Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia

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		52014JC0002
		
			Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia /* JOIN/2014/02 final - 2014/0009 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)                   
Council Regulation (EC) No 234/2004 concerning
certain restrictive measures in respect of Liberia imposes a ban on the
provision of technical and financial assistance related to military activities
to any non-governmental person, entity or body in or for use in Liberia.
(2)                   
On 10 December 2013, the United Nations Security
Council (UNSC) adopted Resolution 2128 (2013) reaffirming the arms embargo
imposed by paragraph 2 of resolution 1521 (2003) and modified by paragraphs 1
and 2 of resolution 1683 (2006), by paragraph 1 (b) of resolution 1731 (2006),
by paragraphs 3, 4, 5 and 6 of resolution 1903 (2009), and by paragraph 3 of
resolution 1961 (2010), and modifying the associated notification requirements.

(3)                   
In particular, the UNSC decided that
notification for non-lethal materials and associated training is no longer
required and that the Liberian authorities shall have the primary
responsibility to notify the Sanctions Committee of any supplies of lethal arms
and related materiel, or any provision of assistance, advice or training
related to military or other security sector activities for the Government of
Liberia.
(4)                   
The Council is about to adopt a decision
amending Common Position 2008/109/CFSP to this effect.
(5)                   
Further action by the Union is needed in order
to implement some of these measures.
(6)                   
The High Representative of the Union for Foreign
Affairs and Security Policy and the Europan Commission propose to amend
Regulation (EC) No 234/2004 accordingly.
2014/0009 (NLE)
Joint Proposal for a
COUNCIL REGULATION
amending Regulation (EC) No 234/2004
concerning certain restrictive measures in respect of Liberia
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 Common Position
2008/109/CFSP of 12 February 2008 concerning restrictive measures imposed against Liberia[1],
Having regard to the joint proposal from
the High Representative of the Union for Foreign Affairs and Security Policy
and the European Commission,
Whereas:
(1)       Council Regulation (EC) No
234/2004[2]
imposes a general ban on the provision of technical advice, assistance,
training, financing and financial assistance related to military activities to
any person, entity or body in Liberia.
(2)       On 10 December 2013, the
United Nations Security Council (UNSC) adopted Resolution 2128 (2013) reaffirming
the arms embargo imposed by paragraph 2 of resolution 1521 (2003) and modified
by paragraphs 1 and 2 of resolution 1683 (2006), by paragraph 1 (b) of
resolution 1731 (2006), by paragraphs 3, 4, 5 and 6 of resolution 1903 (2009),
and by paragraph 3 of resolution 1961 (2010), and modifying the associated
notification requirements. 
(3)       On … January 2014 the
Council adopted Decision 2014/…/CFSP[3],
which amends Common Position 2008/109/CFSP to this effect. 
(4)       Some of those measures
fall within the scope of the Treaty on the Functioning of the
European Union and regulatory action at the level of the Union is
therefore necessary in order to implement them, in particular with a view to
ensuring their uniform application by economic operators in all Member States.
(5)       Council Regulation (EC) No
234/2004 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 234/2004 is amended as
follows: 
(1) In Article 3, paragraph 1(b) is
replaced by the following:
‘(b) technical assistance related to
non-lethal equipment which is intended solely for humanitarian or protective
use.’
(2) Article 4 is replaced by the following:
‘Article 4
Natural and legal persons, entities and
bodies that intend to provide any assistance related to military activities or
other security sector activities to the Government of Liberia, as specified in
Article 1, shall inform in advance the competent authority, as indicated in the
websites listed in Annex I, in the Member State where they are resident or
located. Such information shall contain all relevant information, including,
where appropriate, the purpose and end-user, the technical specifications and
quantity of the equipment to be shipped, the supplier, the proposed date of
delivery, mode of transportation, and the itinerary of shipments. The Member
State concerned shall upon receipt of the relevant information, in consultation
with the Government of Liberia, notify the Sanctions Committee thereof, where
the Government of Liberia has not provided this notification in accordance with
paragraph 2(b)(ii) and (iii) of UNSCR 2128 (2013).’
Article 2
This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 38, 13.2.2008, p. 26
[2]               Council Regulation (EC) No 234/2004 of 10 February
2004 concerning certain restrictive measures in respect of Liberia and
repealing Regulation (EC) No 1030/2003 (OJ L 40, 12.2.2004, p. 1).
[3]               Council Decision (full title) (OJ L …).