HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 183/2
EN
Official Journal of the European Union
13.7.2011
REGULATIONS
COUNCIL REGULATION (EU) No 668/2011
of 12 July 2011
amending Regulation (EC) No 174/2005 imposing restrictions on the supply of assistance related to
military activities to Cte d’Ivoire
THE COUNCIL OF THE EUROPEAN UNION,
(6) In
order
to
ensure
that
the
measures
provided
for
in
this
Regulation are effective, this Regulation should enter into
force immediately upon its publication,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
HAS ADOPTED THIS REGULATION:
Having regard to Council Decision 2011/412/CFSP of 12 July
2011 amending Decision 2010/656/CFSP renewing the
Article 1
restrictive measures against Cte d’Ivoire ( 1 ),
Regulation (EC) No 174/2005 is hereby amended as follows:
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
(1) Article 4(1) is replaced by the following:
the European Commission,
‘1. By
way
of
derogation
from
Article
2,
the
prohibitions
referred to therein shall not apply to:
Whereas:
(a) the provision of technical assistance, financing and
(1) On
29
October
2010,
the
Council
adopted
Decision
financial assistance related to arms and related
2010/656/CFSP ( 2 ) renewing the restrictive measures
materiel, where such assistance or services are
against Cte d’Ivoire.
intended solely for the support of and use by the
United Nations Operation in Cte d’Ivoire (UNOCI)
and the French forces who support that Operation;
(2) Regulation
(EC)
No
174/2005
( 3 ) imposed restrictions on
the supply of assistance related to military activities to
Cte d’Ivoire.
(b) the provision of technical assistance related to non-
lethal military equipment intended solely for humani
tarian or protective use, including such equipment
(3) Decision 2011/412/CFSP amended Decision
intended for European Union, United Nations, African
2010/656/CFSP in the light of United Nations Security
Union and Economic Community of West African
Council Resolution 1980 (2011). It also provided for a
States (ECOWAS) crisis management operations, where
specific derogation in relation to the ban on the supply
such activities have also been approved in advance by
to Cte d’Ivoire of internal repression equipment.
the Sanctions Committee;
(4)
Those measures fall within the scope of the Treaty on the
(c) the provision of financing or financial assistance related
Functioning of the European Union and regulatory action
to non-lethal military equipment intended solely for
at the level of the Union is therefore necessary in order
humanitarian or protective use, including such
to implement them, in particular with a view to ensuring
equipment intended for European Union, United
their uniform application by economic operators in all
Nations, African Union and ECOWAS crisis
Member States.
management operations;
(5) Regulation
(EC)
No
174/2005
should
therefore
be
(d) the provision of technical assistance related to arms and
amended accordingly.
related materiel intended solely for the support of or use
in the Ivorian process of Security Sector Reform,
pursuant to a formal request by the Ivorian
( 1 ) See page 27 of this Official Journal.
( 2 ) OJ L 285, 30.10.2010, p. 28.
Government, as approved in advance by the Sanctions
( 3 ) OJ L 29, 2.2.2005, p. 5.
Committee;

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EN
13.7.2011 Official
Journal
of
the
European
Union L
183/3
(e) the provision of financing or financial assistance related
financing or financial assistance related to such non-lethal
to arms and related materiel intended solely for support
equipment, after having determined that the non-lethal
of or use in the Ivorian process of Security Sector
equipment concerned is intended solely to enable the
Reform, pursuant to a formal request by the Ivorian
Ivorian security forces to use only appropriate and propor
Government;
tionate force while maintaining public order.
(f) sales or supplies temporarily transferred or exported to
2. By
way
of
derogation
from
Article
3,
the
competent
Cte d’Ivoire to the forces of a State which is taking
authority, as listed in Annex II, of the Member State where
action, in accordance with international law, solely and
the exporter or service provider is established, may
directly to facilitate the evacuation of its nationals and
authorise, under such conditions as it deems appropriate,
those for whom it has consular responsibility in Cte
the sale, supply, transfer or export of equipment which
d’Ivoire, where such activities have also been notified in
might be used for internal repression as listed in Annex I,
advance to the Sanctions Committee;
which is intended solely for the support of the Ivorian
process of Security Sector Reform, as well as the
provision of financing, financial assistance or technical
(g) the provision of technical assistance, financing or
assistance related to such equipment.
financial assistance related to non-lethal military
equipment intended solely to enable the Ivorian
security forces to use only appropriate and propor
tionate force while maintaining public order.’;
3. The
relevant
Member
State
shall
inform
other
Member
States and the European Commission of any authorisation
made under this Article within two weeks of the authori
(2) Article 4a is replaced by the following:
sation.
‘Article 4a
4. No
authorisations
shall
be
granted
for
activities
that
have already taken place.’.
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
Article 2
authorise, under such conditions as it deems appropriate,
the sale, supply, transfer or export of non-lethal equipment
This Regulation shall enter into force on the day of its publi
listed in Annex I, or the provision of technical assistance,
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, 12 July 2011.
For the Council
The President
J. VINCENT-ROSTOWSKI

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