Legal provisions of JOIN(2012)15 - Amendment of Council Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire

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dossier JOIN(2012)15 - Amendment of Council Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance related to military ...
document JOIN(2012)15 EN
date July 10, 2012

Contents

Article 1

Regulation (EC) No 174/2005 is hereby amended as follows:

(1)Article 1 is replaced by the following:

‘Article 1

For the purposes of this Regulation, “Sanctions Committee” shall mean the Committee of the Security Council of the United Nations which was established pursuant to paragraph 14 of UN Security Council Resolution (UNSCR) 1572 (2004).’;

(2)Article 2 is repealed;

(3)Article 3 is replaced by the following:

‘Article 3

It shall be prohibited:

(a)to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Union, to any person, entity or body in, or for use in, Côte d’Ivoire;

(b)to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in point (a) of this Article.’;

(4)Article 4 is repealed;

(5)in Article 4a, paragraphs 1 and 2 are replaced by the following:

‘1.   By way of derogation from Article 3, the competent authority, as listed in Annex II, of the Member State where the exporter or service provider is established, 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 or service provider is established, may authorise, under such conditions as it deems appropriate, the sale, supply, transfer or export of equipment which 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.’.

Article 2

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.