CELEX: 32019D1737
Language: en
Date: 2019-10-17 00:00:00
Title: Council Decision (CFSP) 2019/1737 of 17 October 2019 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

18.10.2019   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 265/7
               
            
         COUNCIL DECISION (CFSP) 2019/1737
         of 17 October 2019
         amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 29 thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:
         
                     (1)
                  
                  
                     On 23 December 2013, the Council adopted Decision 2013/798/CFSP (1) concerning restrictive measures against the Central African Republic, implementing the arms embargo imposed by United Nations Security Council Resolution 2127 (2013).
                  
               
                     (2)
                  
                  
                     On 12 September 2019, the United Nations Security Council adopted Resolution 2488 (2019), which extends the exemptions to the arms embargo.
                  
               
                     (3)
                  
                  
                     A provision should be added to Decision 2013/798/CFSP specifying that the Council and the High Representative may process personal data in order to carry out their tasks under this Decision.
                  
               
                     (4)
                  
                  
                     Decision 2013/798/CFSP should therefore be amended accordingly,
                  
               HAS ADOPTED THIS DECISION:
         
            
               Article 1
            
            Decision 2013/798/CFSP is amended as follows:
            
                        (1)
                     
                     
                        Article 2 is replaced by the following:
                        
                           ‘Article 2
                           
                              1.   Article 1 shall not apply to:
                              
                                          (a)
                                       
                                       
                                          the sale, supply, transfer or export of arms and related materiel, and the provision of related technical assistance or financing and financial assistance, intended solely for the support of or use by the United Nations Multidimensional Integrated Stabilization Mission in the CAR (MINUSCA), the Union missions and the French forces deployed in the CAR, as well as other UN Member States’ forces providing training and assistance as notified in advance in accordance with point (b);
                                       
                                    
                                          (b)
                                       
                                       
                                          the sale, supply, transfer or export of non‐lethal equipment and provision of assistance, including operational and non‐operational training to the CAR security forces, including state civilian law enforcement institutions, intended solely for support of or use in the CAR process of security sector reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee established pursuant to paragraph 57 of UNSCR 2127 (2013) (“the Committee”);
                                       
                                    
                                          (c)
                                       
                                       
                                          the sale, supply, transfer or export of arms and related materiel brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Chad and Sudan, to enhance security in the common border areas, in cooperation with MINUSCA, as approved in advance by the Committee;
                                       
                                    
                                          (d)
                                       
                                       
                                          the sale, supply, transfer or export of non‐lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified in advance to the Committee;
                                       
                                    
                                          (e)
                                       
                                       
                                          the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;
                                       
                                    
                                          (f)
                                       
                                       
                                          the sale, supply, transfer or export of small arms and other related equipment intended solely for use in international‐led patrols providing security in the Sangha River Tri‐national Protected Area or by armed wildlife rangers of the Chinko Project and the Bamingui‐Bangoran National Park to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations, as notified in advance to the Committee;
                                       
                                    
                                          (g)
                                       
                                       
                                          the sale, supply, transfer or export of weapons with a calibre of 14,5 mm or less and ammunition and components specially designed for such weapons to the CAR security forces, including state civilian law enforcement institutions, where such weapons, ammunition and components are intended solely for support of or use in the CAR process of SSR, as notified in advance to the Committee;
                                       
                                    
                                          (h)
                                       
                                       
                                          the sale, supply, transfer or export of arms and other related lethal equipment that are not listed in point (g) of Article 2(1) of this Decision to the CAR security forces, including state civilian law enforcement institutions, where such arms and equipment are intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or
                                       
                                    
                                          (i)
                                       
                                       
                                          other sale, supply, transfer or export of arms and other related materiel, or provision of assistance or personnel, as approved in advance by the Committee.
                                       
                                    
                           
                              2.   Member States shall notify the Committee at least 20 days in advance of the delivery of any sale, supply, transfer or export as permitted in points (d), (f) and (g) of paragraph 1.
                           
                           
                              3.   Member States shall ensure that all notifications and all exemption requests to the Committee include:
                              
                                          (a)
                                       
                                       
                                          the details of the manufacturer and supplier of the equipment;
                                       
                                    
                                          (b)
                                       
                                       
                                          a description of equipment including the type, calibre, quantity as well as serial numbers and lot numbers or the proposed date(s) when the serial numbers and lot numbers will be provided in the case of an exemption request;
                                       
                                    
                                          (c)
                                       
                                       
                                          the proposed date(s) and place(s) of delivery;
                                       
                                    
                                          (d)
                                       
                                       
                                          the mode(s) of transport and itinerary of shipments; and
                                       
                                    
                                          (e)
                                       
                                       
                                          the purpose of use and end user, including the intended destination unit in the CAR security forces, as well as the intended place of storage.’;
                                       
                                    
                        
                     
                  
                        (2)
                     
                     
                        the following Article is inserted:
                        
                           ‘Article 2f
                           
                              1.   The Council and the High Representative may process personal data in order to carry out their tasks under this Decision, in particular:
                              
                                          (a)
                                       
                                       
                                          as regards the Council, for preparing and making amendments to the Annex;
                                       
                                    
                                          (b)
                                       
                                       
                                          as regards the High Representative, for preparing amendments to the Annex.
                                       
                                    
                           
                              2.   The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of the Annex.
                           
                           
                              3.   For the purposes of this Decision, the Council and the High Representative are designated as “controllers” within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (*1), in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.
                           
                        
                        
                           (*1)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’."
                        
                     
                  
         
            
               Article 2
            
            This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
         
         
            Done at Brussels, 17 October 2019.
            
               
                  For the Council
               
               
                  The President
               
               T. TUPPURAINEN
            
         
         
            (1)  Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic (OJ L 352, 24.12.2013, p. 51).