2.6.2005   

EN

Official Journal of the European Union

L 139/25

(1)

On 9 January 2004, the Council adopted Common Position 2004/31/CFSP (1) concerning the imposition of an embargo on arms, munitions and military equipment on Sudan.

(2)

On 10 June 2004, the Council adopted Common Position 2004/510/CFSP amending Common Position 2004/31/CFSP so as to allow exemptions to the embargo for the African Union-led Ceasefire Commission.

(3)

The Council deems it appropriate to maintain the arms embargo against Sudan. The policy objective of the European Union in this regard is to promote lasting peace and reconciliation within Sudan.

(4)

On 30 July 2004, the United Nations Security Council adopted Resolution 1556 (2004), hereinafter referred to as ‘UNSCR 1556(2004)’, imposing an arms embargo on all non-governmental entities and individuals, including the Janjaweed, operating in the states of North Darfur, South Darfur and West Darfur.

(5)

On 29 March 2005, the United Nations Security Council adopted Resolution 1591 (2005), hereinafter referred to as ‘UNSCR 1591(2005)’, imposing measures to prevent entry into or transit through Member States’ territories of all persons designated by the Committee established by paragraph 3 of that Resolution (the Committee).

(6)

UNSCR 1591(2005) also imposes a freeze of all funds, financial assets and economic resources, owned or controlled, directly or indirectly by the persons designated by the Committee or held by entities owned or controlled directly or indirectly by such persons or by any persons acting on their behalf or at their direction.

(7)

UNSCR 1591(2005) furthermore reaffirms the measures imposed by UNSCR 1556(2004) and provides that these measures shall also apply to all the parties to the N’djamena Ceasefire Agreement and any other belligerents in the states of North Darfur, South Darfur and West Darfur.

(8)

Paragraph 4 of UNSCR 1591(2005) provides that the measures relating to the entry into or transit through Member States’ territories and to the freezing of funds, financial assets and economic resources shall enter into force on 28 April 2005, unless the Security Council determines before then that the parties to the conflict in Darfur have complied with all the commitments and demands of the Security Council referred to in UNSCR 1556(2004) and resolutions 1564(2004) and 1574(2004) and have taken immediate steps to fulfil all their commitments to respect the N’djamena Ceasefire Agreement and the Abuja Protocols, including notification of force positions, to facilitate humanitarian assistance and to cooperate fully with the African Union Mission.

(9)

It is appropriate to integrate the measures imposed by Common Position 2004/31/CFSP and the measures to be imposed pursuant to UNSCR 1591(2005) in one single legal instrument.

(10)

Common Position 2004/31/CFSP should therefore be repealed.

(11)

Action by the Community is needed in order to implement certain measures,

(a)

necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)

intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

(c)

intended exclusively for payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources,

(d)

necessary for extraordinary expenses, after notification by the Member State concerned to and approval by the Committee;

(e)

subject of a judicial, administrative or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement was entered prior to the date of the UNSCR 1591(2005), and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Committee.

(a)

interest or other earnings on those accounts; or

(b)

payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to restrictive measures,

(a)

grant, sell, supply or transfer technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to any person, entity or body in, or for use in Sudan;

(b)

provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, or for any grant, sale, supply, or transfer of related technical assistance, brokering services and other services, directly or indirectly to any person, entity or body in, or for use in Sudan.

(a)

the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution building programmes of the UN, the African Union, the EU and the Community, or of material intended for EU, UN and African Union crisis management operations;

(b)

technical training and assistance related to such equipment;

(c)

the sale, supply, transfer or export of de-mining equipment and materiel for use in de-mining operations;

(d)

assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement;