23.12.2009 Official Journal of the European Union L 346/51 COUNCIL DECISION 2009/1003/CFSP of 22 December 2009 amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Whereas: 1 On 27 October 2009, the Council adopted Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea ('), in response to the violent crackdown by security forces on political demon- strators in Conakry on 28 September 2009. In view of the seriousness of the situation in the Republic of Guinea, additional restrictive measures should be imposed against the individual members of the National Council for Democracy and Development (NCDD) and natural or legal persons, entities or bodies associated with them, responsible for the violent repression or the political stalemate in the country. Moreover, additional natural or legal persons, entities or bodies associated with the NCDD, should be included on the list of persons subject to the restrictive measures set out in the Annex to Common Position 2009/788/CFSP. Further action by the Union is needed to implement certain measures, HAS ADOPTED THIS DECISION: Article 1 Common Position 2009/788/CFSP is hereby amended as follows: 1. Article 1 shall be replaced by the following: ) ‘Article 1 1. 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 the Republic of Guinea by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories. OJ L 281, 28.10.2009, p. 7. 2. 2. It shall be prohibited: (a) to provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea; Cx to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, the Republic of Guinea; (c) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).; Article 2 shall be replaced by the following: ‘Article 2 1. Article 1 shall not apply to: (a) the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations(UN) and the EU, or for EU and UN crisis management operations; (b) the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in the Republic of Guinea; (c) the provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations; (d) the provision of financing and financial assistance related to such equipment or to such programmes and operations, on condition that such exports and assistance have been approved in advance by the relevant competent authority.