Legal provisions of COM(2005)228 - Restrictive measures in respect of the Congo

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2005)228 - Restrictive measures in respect of the Congo.
document COM(2005)228 EN
date June 13, 2005

Contents

Article 1

For the purposes of this Regulation, the following definitions shall apply:

1.‘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; technical assistance also includes verbal forms of assistance;

2.‘Sanctions Committee’ means the Committee of the Security Council of the United Nations which was established pursuant to paragraph 8 of UNSCR 1533 (2004).

Article 2

It shall be prohibited:

(a)to grant, sell, supply or transfer technical assistance related to military activities directly or indirectly to any person, entity or body in, or for use in the DRC;

(b)to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for any grant, sale, supply, or transfer of related technical assistance and other services, directly or indirectly to any person, entity or body in, or for use in the DRC;

(c)to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in points (a) and (b).

Article 3

1. By way of derogation from Article 2, the competent authority, as set out in the Annex, of the Member State where the service provider is established, may authorise:

(a)the provision of technical assistance, financing and financial assistance related to arms and related materiel intended solely for support of and use by the United Nations Organisation Mission in the DRC (‘MONUC’);

(b)the provision of technical assistance, financing and financial assistance related to arms and related materiel intended solely for support of or use by units of the army and police of the DRC, provided that the said units:

(i)have completed the process of their integration, or

(ii)operate under the command, respectively, of the ‘état-major intégré’ of the Armed Forces or of the National Police of the DRC, or

(iii)are in the process of their integration, in the territory of the DRC outside the provinces of North and South Kivu and the Ituri district.

(c)the provision of technical assistance, financing and financial assistance related to non-lethal military equipment intended solely for humanitarian or protective use, where the provision of such assistance or services has been notified in advance to the Sanctions Committee.

2. No authorisations shall be granted for activities that have already taken place.

Article 4

The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.

Article 5

1. The Commission shall be empowered to amend the Annex on the basis of information supplied by Member States.

2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation.

Article 6

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 laid down must be effective, proportionate and dissuasive.

Member States shall notify those rules to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment thereof.

Article 7 - This Regulation shall apply

(a)within the territory of the Community, including its airspace and on board any aircraft or any vessel under the jurisdiction of a Member State;

(b)to any person inside or outside the territory of the Community who is a national of a Member State;

(c)to any legal person, group or entity which is incorporated or constituted under the law of a Member State;

(d)to any legal person, group or entity doing business within the Community.

Article 8

Regulation (EC) No 1727/2003 is hereby repealed.

Article 9

This Regulation shall enter into force on the day 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.