Council Common Position 2006/624/CFSP

of 15 September 2006

amending Common Position 2005/440/CFSP concerning restrictive measures against the Democratic Republic of Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) Following the adoption by the United Nations Security Council on 18 April 2005 of Resolution 1596 (2005) (UNSCR 1596 (2005)), the Council adopted on 13 June 2005 Common Position 2005/440/CFSP [1] concerning restrictive measures against the Democratic Republic of Congo.

(2) On 29 November 2005, the Council adopted Decision 2005/846/CFSP [2] implementing Common Position 2005/440/CFSP, inserting in the Annex to that Common Position the list of persons subject to the measures imposed by UNSCR 1596 (2005).

(3) On 21 December 2005, the United Nations Security Council adopted Resolution 1649 (2005) (UNSCR 1649 (2005)) extending the measures imposed by UNSCR 1596 (2005) to political and military leaders of foreign armed groups operating in the Democratic Republic of Congo who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups, and to political and military leaders of Congolese militias receiving support from outside the Democratic Republic of Congo and in particular those operating in Ituri, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes.

(4) On 31 July 2006, the United Nations Security Council adopted Resolution 1698 (2006) (UNSCR 1698 (2006)) extending the measures imposed by UNSCR 1596 (2005) to political and military leaders recruiting or using children in armed conflict in violation of applicable international law and to individuals committing serious violations of international law involving the targeting of children in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement.

(5) Common Position 2005/440/CFSP should be amended accordingly.

(6) The Community measures applicable to the individuals targeted under this Common Position are set out in Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo [3],

HAS ADOPTED THIS COMMON POSITION:

Article 1

Article 3 of Common Position 2005/440/CFSP shall be replaced by the following:

"Article 3

In accordance with UNSCR 1596 (2005), UNSCR 1649 (2005) and UNSCR 1698 (2006) restrictive measures should be imposed against the following persons, as designated by the Sanctions Committee:

- persons who act in violation of the arms embargo,

- political and military leaders of foreign armed groups operating in the Democratic Republic of Congo who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups,

- political and military leaders of Congolese militias receiving support from outside the Democratic Republic of Congo and in particular those operating in Ituri, who impede the participation of their combatants in disarmament, demobilisation and reintegration processes,

- political and military leaders recruiting or using children in armed conflict in violation of applicable international law,

- individuals committing serious violations of international law involving the targeting of children in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement.

The relevant persons are listed in the Annex to this Common Position."

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 15 September 2006.

For the Council

The President

E. Tuomioja

[1] OJ L 152, 15.6.2005, p. 22.

[2] OJ L 314, 30.11.2005, p. 35.

[3] OJ L 193, 23.7.2005, p. 1. Regulation as amended by Commission Regulation (EC) No 84/2006 (OJ L 14, 19.1.2006, p. 14).

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