CELEX: 52014JC0001
Language: en
Date: 2014-01-13
Title: Joint Proposal for a COUNCIL REGULATION concerning restrictive measures in view of the situation in the Central African Republic

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		52014JC0001
		
			Joint Proposal for a COUNCIL REGULATION concerning restrictive measures in view of the situation in the Central African Republic /* JOIN/2014/01 final - 2014/0004 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)              
On 23 December 2013, the Council adopted
Decision 2013/798/CFSP concerning restrictive measures against the Central
African Republic providing for arms embargo against the Central African
Republic, in accordance with the United Nations Security Council adopted
Resolution 2127 (2013) of 5 December 2013.
(2)              
Further action by the Union is needed in order
to implement Decision 2013/798/CFSP.
(3)              
The High Representative of the Union for Foreign Affairs and Security Policy and the
Commission should therefore make a proposal for a Regulation concerning
restrictive measures in view of the situation in the Central African Republic.
2014/0004 (NLE)
Joint Proposal for a
COUNCIL REGULATION
concerning restrictive measures in view of
the situation in the Central African Republic
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 2013/798/CFSP[1] of 23 December 2013 concerning
restrictive measures in against the Central African Republic,
Having regard to the joint proposal from
the High Representative of the Union for Foreign Affairs and Security Policy
and the Commission,
Whereas:
(1)       In accordance with the United
Nations Security Council Resolution (UNSCR) 2127 (2013) of 5 December 2013, Council
Decision 2013/798/CFSP provides for arms embargo against the Central African Republic.
(2)       Certain aspects of this
measure 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,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the
following definitions shall apply:
(a)          'brokering services' means: 
(i)      the negotiation or arrangement of
transactions for the purchase, sale or supply of goods and technology or of
financial and technical services, including from a third country to any other
third country, or 
(ii)     the selling or buying of goods and
technology or of financial and technical services, including where they are
located in third countries for their transfer to another third country;
(b)          'Sanctions Committee' means the
Committee of the United Nations Security Council which was established pursuant
to paragraph 57 of United Nations Security Council Resolution (UNSCR) 2127
(2013); 
(c)          'technical assistance' means any
technical support related to repairs, development, manufacture, assembly,
testing, maintenance, or any other technical service, and may take forms such
as instruction, advice, training, transmission of working knowledge or skills
or consulting services; including verbal forms of assistance; 
(d)          'territory of the Union' means the territories of the Member States to which the Treaty is applicable, under
the conditions laid down in the Treaty, including their airspace; 
Article 2
1.           It shall be prohibited: 
(a)         
to provide, directly or indirectly, technical
assistance or brokering services related to the goods and technology listed in
the Common Military List of the European Union[2]
(Common Military List) or related to the provision, manufacture, maintenance
and use of goods included in that list, to any person, entity or body in the Central
African Republic or for use in the Central African Republic; 
(b)         
 to provide, directly or indirectly, financing
or financial assistance related to the sale, supply, transfer or export of goods
and technology listed in the Common Military List, including in particular
grants, loans and export credit insurance, as well as insurance and
reinsurance, for any sale, supply, transfer or export of such items, or for any
provision of related technical assistance or brokering services to any person,
entity or body in the Central African Republic or for use in the Central
African Republic; 
(c)         
to provide, directly or indirectly, technical assistance,
financing or financial assistance, brokering services or transport services
related to the provision of armed mercenary personnel in the Central African Republic or for use in the Central African Republic; 
(d)        
to participate, knowingly and intentionally, in
activities the object or effect of which is to circumvent the prohibitions
referred to in points (a) to (c).
2.           By way of derogation from
paragraph 1, the prohibitions laid down therein shall not apply to:
(a)         
the provision of technical assistance or
brokering services related to non-lethal military equipment intended solely for
humanitarian or protective use;
(b)         
the provision of technical assistance, financing
or financial assistance to the sale, supply, transfer or export of goods and
technology listed in the Common Military List or for any provision of related
technical assistance or brokering services;
provided that the provision of such technical
assistance or brokering services, financing or financial assistance has been
approved in advance by the Sanctions Committee.
Article 3
Actions by natural or legal persons,
entities or bodies shall not give rise to any liability of any kind on their
part if they did not know, and had no reasonable cause to suspect, that their
actions would infringe the prohibitions set out in this Regulation.
Article 4
1.           Member States shall lay down the
rules on penalties applicable to infringements of the provisions of this
Regulation and shall take all measures necessary to ensure that they are
implemented. The penalties provided for must be effective, proportionate and
dissuasive. 
2.           Member States shall notify the
Commission of those rules without delay after the entry into force of this
Regulation and shall notify it of any subsequent amendment.
Article 5
Where there is, in this Regulation, a
requirement to notify, inform or otherwise communicate with the Commission, the
address and other contact details to be used for such communication shall be
those indicated in the Annex.
Article 6
This Regulation shall apply:
(a)          within the territory of the Union, including its airspace;
(b)          on board of any aircraft or any
vessel under the jurisdiction of a Member State;
(c)          to any person inside or outside
the territory of the Union who is a national of a Member State;
(d)          to any legal person, entity or
body which is incorporated or constituted under the law of a Member State;
(e)          to any legal person, entity or
body in respect of any business done in whole or in part within the Union.
Article 7
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 352, 24.12.2013, p. 51.
[2]               OJ C 69, 18.3.2010, p. 9.
ANNEX
to the
Joint proposal for a
COUNCIL REGULATION
concerning restrictive measures in
view of the situation in the Central African Republic

ANNEX
Address
for notifications to the European Commission: 
European
Commission 
Service
for Foreign Policy Instruments 
Office
EEAS 02/309 
B-1049
Bruxelles/Brussel (Belgium)