The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Côte d’Ivoire by nationals of Member States or from the territories of Member States or using the flag vessels or aircraft of Member States shall be prohibited, regardless of whether such arms, related material and equipment originate in the territories of the Member States.
Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d’Ivoire
Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d’Ivoire
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d’Ivoire(1) in order to implement the measures imposed against Côte d’Ivoire by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1572 (2004).
On 23 January 2006, the Council adopted Common Position 2006/30/CFSP(2) renewing the restrictive measures imposed against Côte d’Ivoire for a further period of 12 months and supplementing them with the restrictive measures imposed by point 6 of UNSCR 1643 (2005).
Following the renewal of the restrictive measures against Côte d’Ivoire by UNSCR 1842 (2008), on 18 November 2008, the Council adopted Common Position 2008/873/CFSP(3) further renewing the restrictive measures imposed against Côte d’Ivoire, with effect from 1 November 2008.
On 15 October 2010, the United Nations Security Council adopted UNSCR 1946 (2010) which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004) and point 6 of UNSCR 1643 (2005) until 30 April 2011 and which amended the restrictive measures on arms.
The restrictive measures imposed against Côte d’Ivoire should therefore be renewed. In addition to the exemptions to the arms embargo provided for in UNSCR 1946 (2010), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union.
Union implementing measures are set out in Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire(4), Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire(5) and Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds(6),
HAS ADOPTED THIS DECISION:
Article 1
1.
Article 2
Article 1 shall not apply to:
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supplies intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces who support them;
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the following, as notified in advance to the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the ‘Sanctions Committee’):
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supplies of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (Ecowas) crisis management operations;
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supplies temporarily exported to Côte d’Ivoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire;
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supplies of non-lethal military equipment related to law enforcement intended to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order;
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supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;
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supplies of arms and other related lethal equipment to the Ivorian security forces, intended solely for support of, or use in, the Ivorian process of security sector reform, as approved in advance by the Committee;
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supplies of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order;
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supplies of equipment capable of being used for internal repression to the Ivorian security forces, intended solely for support of, or use in, the Ivorian process of security sector reform.
Article 3
The direct or indirect import of all rough diamonds from Côte d’Ivoire to the Union, whether or not such diamonds originated in Côte d’Ivoire, shall be prohibited in accordance with UNSCR 1643 (2005).
Article 4
1.
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:
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the persons referred to in Annex I and designated by the Sanctions Committee, who constitute a threat to the peace and national reconciliation process in Côte d'Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire on the basis of relevant information, any other person who publicly incites hatred and violence and any other person determined by the Sanctions Committee to be in violation of the measures imposed by paragraph 7 of UNSCR 1572(2004);
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the persons referred to in Annex II who are not included in the list in Annex I and who are obstructing the process of peace and national reconciliation, and in particular who are jeopardising the proper outcome of the electoral process.
2.
Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3.
Paragraph 1(a) shall not apply where the Sanctions Committee determines that:
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travel is justified on the grounds of urgent humanitarian need, including religious obligations;
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an exemption would further the objectives of the UNSC Resolutions for peace and national reconciliation in Côte d'Ivoire and stability in the region.
4.
Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
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as a host country to an international intergovernmental organisation;
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as a host country to an international conference convened by, or under the auspices of, the UN;
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under a multilateral agreement conferring privileges and immunities; or
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under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.
5.
Paragraph 4 shall be considered as applying also in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
6.
The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 4 or 5.
7.
Member States may grant exemptions from the measures imposed under paragraph 1(b) where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, or hosted by a Member State holding the Chairmanship-in-office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Côte d'Ivoire.
8.
A Member State wishing to grant exemptions referred to in paragraph 7 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
9.
In cases where, pursuant to paragraphs 4, 5 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annexes I or II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.