CELEX: 52014JC0041
Language: en
Date: 2014-12-05
Title: 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

|
			
		
		
		52014JC0041
		
			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 /* JOIN/2014/041 final - 2014/0351 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)              
On the basis of Common Position 2004/852/CFSP,
Council Regulation (EC) No 174/2005 introduced a ban on the export of internal
repression equipment to Côte d’Ivoire. Common Position 2004/852/CFSP has since
been replaced by Council Decision 2010/656/CFSP. Regulation (EC) No 174/2005,
as amended, now 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.
(2)              
It is appropriate to add an additional
derogation to the prohibition on sale, supply, transfer and export of equipment
that might be used for internal repression to enable supply of equipment for the
purposes of civilian mining or infrastructure projects, following the adpotion
of Council Decision 2014/…/CFSP.
(3)              
The High Representative of the Union for Foreign
Affairs and Security Policy and the Commission propose to give effect to those measures
by means of a Regulation amending Regulation (EC) No 174/2005 based on Article
215 of the Treaty on the Functioning of the European Union (TFEU).
2014/0351 (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(1) thereof, 
Having regard to Council Decision
2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d’Ivoire[1],
Having regard to the joint proposal of the
High Representative of the Union for Foreign Affairs and Security Policy and of
the European Commission,
Whereas:
(1)       Decision 2010/656/CFSP replaced
Council Common Position 2004/852/CFSP[2]
and renewed the restrictive measures imposed against Côte d’Ivoire in order to
implement United Nations Security Council Resolution (‘UNSCR’) 1572 (2004) and
successor UNSCRs. Council Regulation (EC) No 174/2005[3] was adopted to give
effect to Common Position 2004/852/CFSP and now 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. 
(2)       An additional derogation
to the prohibition on sale, supply, transfer and export of equipment that might
be used for internal repression should be introduced to enable licencing of certain
equipment where appropriate for the  purposes of civilian mining or
infrastucture projects, following the adoption of Council Decision 2014/…/CFSP.
(3)       This measure falls within
the scope of the Treaty on the Functioning of the European Union and,
therefore, notably with a view to ensuring uniform application of the measure by
economic operators in all Member States, regulatory action at the level of the
Union is necessary in order to implement it.
(4)       Regulation (EC) No
174/2005 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article
1
Regulation (EC) No 174/2005 is amended as
follows:
(1) Article 1 is deleted.
(2) Article 4a is replaced by the
following:
Article
4a
1. By way of derogation from Article 3, the
competent authority, as listed in Annex II, of the Member State where the
exporter is established or, in the event the exporter is not established within
the Union, the Member State from which the equipment may be sold, supplied,
transferred or exported, may authorise, under such conditions as it deems
appropriate, the sale, supply, transfer or export of non-lethal equipment
included 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 is established or in the event the exporter is not established within
the Union, the Member State from which the equipment may be sold, supplied,
transferred or exported, may authorise, under such conditions as it deems
appropriate, the sale, supply, transfer or export of equipment that 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 and for support or
use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French
forces who support them.
3. The authorisation referred to in this Article
shall be in accordance with the detailed rules laid down in Article 11 of
Regulation (EC) No 428/2009. The authorisation shall be valid throughout the Union.
(3) The following Article 4b is inserted:
‘Article
4b
1. By way of derogation from Article 3, the
competent authority, as listed in Annex II, of the Member State where the
exporter is established or, in the case that the exporter is not established
within the Union, the Member State from which the equipment may be sold,
supplied, transferred or exported, may authorise, under such conditions as it
deems appropriate, the sale, supply, transfer or export of equipment as listed
in point 4 of Annex I, where the equipment is solely for civilian use in mining
or infrastructure projects.
2. The authorisation referred to in this
Article shall be in accordance with the detailed rules laid down in Article 11
of Regulation (EC) No 428/2009. The authorisation shall be valid throughout the
Union.
3. Exporters shall supply the competent
authority with all relevant information required for the assessment of their
application for an authorisation.
4. The competent authorities shall not grant
an authorisation for any sale, supply, transfer or export of equipment as listed
in point 4 of Annex I, unless the competent authority has determined that that
the equipment is solely for civilian use in mining or infrastructure projects.
5. The relevant Member State shall inform
the other Members States and the Commission at least two weeks in advance of its
intention to grant an authorisation referred to in paragraph 1 of this Article.’
(4) In Annex I, the title is replaced by
the following:
‘List of equipment which might be used for
internal repression as referred to in Articles 3, 4a and 4b’
(5) In Annex II, the title is replaced by
the following:
‘List of competent authorities referred to
in Articles 4a and 4b’
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 285, 30.10.2010, p. 28.
[2]               Council Common Position 2004/852/CFSP
of 13 December 2004 concerning restrictive measures against Côte d’Ivoire (OJ L
368, 15.12.2004, p. 50).
[3]               Council Regulation (EC) No 174/2005 of 31 January
2005 imposing restrictions on the supply of assistance related to military
activities to Côte d’Ivoire (OJ L 29, 2.2.2005, p. 5).