24.7.2007   

EN

Official Journal of the European Union

L 192/4

(1)

Council Common Position 2004/137/CFSP of 10 February 2004 concerning restrictive measures against Liberia (2) provided for the implementation of the measures set out in United Nations (UN) Security Council Resolution 1521 (2003) concerning Liberia, including an arms embargo and a ban on the provision of technical and financial assistance related to military activities.

(2)

In line with UN Security Council Resolutions 1647 (2005), 1683 (2006), 1689 (2006) and 1731 (2006), Council Common Positions 2006/31/CFSP (3), 2006/518/CFSP (4) and 2007/93/CFSP confirmed the restrictive measures of Common Position 2004/137/CFSP for a further period of time and provided for certain modifications.

(3)

Council Regulation (EC) No 234/2004 of 10 February 2004 concerning certain restrictive measures in respect of Liberia (5) prohibits the provision to Liberia of technical and financial assistance related to military activities and the import of rough diamonds from Liberia.

(4)

In the light of developments in Liberia, the UN Security Council adopted, on 20 December 2006, Resolution 1731 (2006) renewing the restrictive measures imposed by UN Security Council Resolution 1521 (2003) and deciding that the measures on arms were not to apply to supplies of non-lethal military equipment, excluding non-lethal weapons and ammunition, as notified in advance to the Committee established by paragraph 21 of Resolution 1521 (2003), intended solely for use by members of the Government of Liberia police and security forces who had been vetted and trained since the inception of the United Nations Mission in Liberia in October 2003.

(5)

Common Position 2007/93/CFSP makes provision for an additional exemption covering such supplies and calls for action by the Community.

(6)

It is expedient to amend Regulation (EC) No 234/2004 regarding the identification of competent authorities.

(7)

It is appropriate to give retroactive effect to the amendment to the date following the adoption of United Nations Security Council Resolution 1731 (2006).

(8)

Regulation (EC) No 234/2004 should therefore be amended accordingly,

1.

Article 3 shall be replaced by the following:

‘Article 3

1.   By way of derogation from Article 2, the competent authorities, as indicated in the websites listed in Annex I, in the Member State where the service provider is established, may authorise the provision of:

2.   No authorisations shall be granted for activities that have already taken place.’;

2.

Article 4 shall be replaced by the following:

‘Article 4

1.   Where such activities have been approved in advance by the Committee established by paragraph 21 of UN Security Council Resolution 1521 (2003), and by way of derogation from Article 2 of this Regulation, the competent authority, as indicated in the websites listed in Annex I, in the Member State where the service provider is established, may authorize the provision of technical assistance related to:

The approval of the Committee established by paragraph 21 of UN Security Council Resolution 1521 (2003) shall be requested through the competent authority, as indicated in a website listed in Annex I, in the Member State where the service provider is established.

The Government of the Member State concerned and the Government of Liberia shall make a joint request to the Committee established by paragraph 21 of UN Security Council Resolution 1521 (2003) for approval of technical assistance related to the weapons and ammunition referred to in point (c).

2.   No authorisations shall be granted for activities that have already taken place.’;

3.

The following Article shall be inserted:

‘Article 8a

1.   Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites as listed in Annex I.

2.   Member States shall notify the Commission of their competent authorities without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.’;

4.

Annex I to Regulation (EC) No 234/2004 shall be replaced by the text appearing in the Annex to this Regulation.