Explanatory Memorandum to JOIN(2014)6 - Amendment of Regulation (EC) No 889/2005 imposing certain restrictive measures in respect of Congo

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Council Regulation (EC) No 889/2005 imposed certain restrictive measures in respect of the Democratic Republic of Congo (DRC), in accordance with Common Position 2005/440/CFSP and in line with UN Security Council Resolution 1596 (2005) and subsequent relevant resolutions. Common Position 2008/369/CFSP replaced Common Position 2005/440/CFSP. Council Decision 2010/788/CFSP replaced Common Position 2008/369/CFSP.

By means of Resolution 2136 (2014) of 30 January 2014, the UN Security Council decided to provide for an additional derogation from the arms embargo.

This measure falls within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to give effect to it, in particular with a view to ensuring its uniform application by economic operators in all Member States.         

The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission should propose to amend Regulation (EC) No 889/2005 accordingly.