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14.12.2011 Official
Journal
of
the
European
Union
L
330/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1295/2011
of 13 December 2011
amending Regulation (EU) No 1284/2009 imposing certain specific restrictive measures in respect
of the Republic of Guinea
THE COUNCIL OF THE EUROPEAN UNION,
(4) Regulation
(EU)
No
1284/2009
should
be
amended
accordingly,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215(1) thereof,
HAS ADOPTED THIS REGULATION:
Having regard to Council Decision 2011/706/CFSP of
Article 1
27 October 2011 amending Decision 2010/638/CFSP
concerning restrictive measures against the Republic of
Paragraph (1) of Article 4 of Regulation (EU) No 1284/2009 is
Guinea (
replaced by the following:

1 ),
Having regard to the joint proposal from the High Represen
‘1. By
way
of
derogation
from
Articles
2
and
3,
the
tative of the Union for Foreign Affairs and Security Policy and
competent authorities of the Member States as indicated in
the Commission,
the websites listed in Annex III, may in duly justified cases
authorise:
Whereas:
(a) the sale, supply, transfer or export of equipment which
might be used for internal repression, provided it is
(1) Council
Regulation
(EU)
No
1284/2009
(
intended solely for humanitarian or protective use, or

2 ) imposed
certain specific restrictive measures in respect of the
for institution-building programmes of the United
Republic of Guinea, in accordance with Council
Nations (UN) and the European Union, or for European
Common Position 2009/788/CFSP (
Union and UN crisis management operations;

3 ) (later replaced by
Council Decision 2010/638/CFSP ( 4 )), in response to the
violent crackdown by security forces on political demon
strators in Conakry on 28 September 2009.
(b) the sale, supply, transfer or export of non-lethal
equipment which might be used for internal repression,
provided it is intended solely to enable the police and
(2) Decision
2010/638/CFSP
was
amended
by
Decision
gendarmerie of the Republic of Guinea to use only appro
2011/706/CFSP in order to modify, inter alia, the
priate and proportionate force while maintaining public
scope of the measures relating to military equipment
order;
and equipment capable of being used for internal
repression.
(c) the provision of financing, financial assistance, technical
assistance, brokering services and other services related to
(3) Certain
aspects
of
those
measures
fall
within
the
scope
of
equipment or to programmes and operations referred to
the Treaty and, therefore, notably with a view to ensuring
in points (a) and (b);
their uniform application by economic operators in all
Member States, regulatory action at the level of the
Union is necessary in order to implement them.
(d) the provision of financing, financial assistance, technical
assistance, brokering services and other services related to
non-lethal military equipment intended solely for
( 1 ) OJ L 281, 28.10.2011, p. 28.
humanitarian or protective use, for institution-building
( 2 ) OJ L 346, 23.12.2009, p. 26.
( 3 ) OJ L 281, 28.10.2009, p. 7.
programmes of the UN and the European Union, or for
( 4 ) OJ L 280, 26.10.2010, p. 10.
European Union and UN crisis management operations;

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L 330/2
EN
Official Journal of the European Union
14.12.2011
(e) the provision of financing, financial assistance, technical
to non-combat vehicles which have been manufactured
assistance, brokering services and other services related to
or fitted with materials to provide ballistic protection,
non-lethal military equipment intended solely to enable
intended solely for protective use of personnel of the
the police and gendarmerie of the Republic of Guinea to
European Union and its Member States in the Republic
use only appropriate and proportionate force while main
of Guinea.’.
taining public order;
Article 2
(f) provision of financing, financial assistance, technical
This Regulation shall enter into force on the day of its publi
assistance, brokering services and other services related
cation in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2011.
For the Council
The President
M. CICHOCKI

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