Council Regulation (EC) No 889/2005 of 13 June 2005 imposing certain restrictive measures in respect of the Democratic Republic of Congo and repealing Regulation (EC) No 1727/2003

15.6.2005 EN Official Journal of the European Union L 152/1
COUNCIL REGULATION (EC) No 889/2005
of 13 June 2005
imposing certain restrictive measures in respect of the Democratic Republic of Congo and repealing Regulation (EC) No 1727/2003
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,
Having regard to Common Position 2005/440/CFSP of 13 June 2005 concerning restrictive measures against the Democratic Republic of Congo (1),
Having regard to the proposal from the Commission,
Whereas:
(1) Council Common Position 2002/829/CFSP of 21 October 2002 on the supply of certain equipment into the Democratic Republic of Congo (2) imposed an embargo on the supply of arms and related materiel to the Democratic Republic of the Congo (‘DRC’).
(2) On 28 July 2003 the United Nations Security Council decided in its Resolution 1493 (2003) (‘UNSCR 1493 (2003)’) to impose an embargo on the supply of arms and related materiel as well as the provision of assistance, advice or training related to military activities to all armed groups and militias operating in the territory of North and South Kivu and of Ituri, and to groups not party to the Global and All-inclusive agreement, in the DRC.
(3) Common Position 2003/680/CFSP provides for the alignment of Common Position 2002/829/CFSP with the measures set out by UNSCR 1493 (2003). Some of these measures have been implemented at Community level by Council Regulation (EC) No 1727/2003 (3).
(4) In view of the continuing illicit flow of weapons within and into the DRC, the UN Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 1596 (2005) of 18 April 2005 (‘UNSCR 1596 (2005)’) which, inter alia, extends the existing arms embargo to any recipient in the territory of the DRC. UNSCR 1596 (2005) provides for certain exemptions to the embargo.
(5) Common Position 2005/440/CFSP confirms the embargo and ban on the provision of related assistance of Common Position 2002/829/CFSP and provides for an additional exemption to the arms embargo and the ban on the provision of related assistance in order to bring the list of exemptions in line with UNSCR 1596 (2005).
(6) The prohibition on providing technical and financial assistance related to military activities falls within the scope of the Treaty. In order to avoid any distortion of competition, Community measures are therefore necessary to implement that prohibition as far as the Community is concerned.
(7) For the purpose of this Regulation, the territory of the Community should be deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty.
(8) For reasons of expediency, the Commission should be empowered to amend the Annex to this Regulation.
(9) In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day of its publication.
(10) For the sake of clarity, Regulation (EC) No 1727/2003 should be replaced by this new Regulation containing all the relevant provisions regarding the prohibition on providing technical and financial assistance related to military activities in the DRC,