1.10.2003 Official Journal of the European Union L 249/5 COUNCIL REGULATION (EC) No 1727/2003 of 29 September 2003 concerning certain restrictive measures in respect of the Democratic Republic of Congo THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Articles 60 and 301 thereof, Having regard to Council Common Position 2003/680/CFSP of 29 September 2003, amending Common Position 2002/829/ CFSP on the supply of certain equipment into the Democratic Republic of Congo ('), Having regard to the proposal from the Commission, Whereas: (1) On 28 July 2003, the United Nations Security Council decided in its Resolution 1493 (2003), hereinafter referred to as UNSCR 1493 (2003), to impose an embargo on the supply of arms and related material as well as the provision of assistance, advice or training related to military activities to all armed groups and mili- tias operating in the territory of North and South Kivu and of Tturi, and to groups not party to the Global and All-inclusive Agreement, in the Democratic Republic of Congo. (2)  Council Common Position 2002/829/CFSP of 21 October 2002 on the supply of certain equipment into the Democratic Republic of Congo () imposes an embargo on the supply or sale of arms and related mate- rial to that country. (3)  Council Common Position 2003/680/CFSP provides for the implementation of the measures imposed by UNSCR 1493 (2003), including, inter alia, for a ban on assis- tance, advice and training related to military material. (4)  That measure falls under the scope of the Treaty and, therefore, notably with a view to avoiding distortion of competition, Community legislation is necessary to implement that decision of the Security Council as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Commu- nity is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. (5 The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation, and cooperate with the Secretary-General of the United Nations, in particular by supplying him with information. (6)  Violations of the provisions of this Regulation should be subject to sanctions, and Member States should impose appropriate sanctions to that end. It is, moreover, desir- able for those sanctions to be imposed on the date of entry into force of this Regulation, (") See page 64 of this Official Journal. () OJL 285, 23.10.2002, p. 1. HAS ADOPTED THIS REGULATION: Atrticle 1 1. Without prejudice to the powers of the Member States in the exercise of their public authority, it shall be prohibited (a) to provide financing and financial assistance, including in particular grants, loans and export credit insurance, for any 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 of the aforementioned, directly or indirectly, to any person, entity or body in the Democratic Republic of Congo; Cx to provide, directly or indirectly, technical advice, assistance or training related to military activities, including in parti- cular training and assistance related to the manufacture, maintenance and use of arms and related material of all types, to any person, entity or body in the Democratic Republic of Congo. 2. The participation, knowingly and intentionally, in activ- ities the object or effect of which is, directly or indirectly, to promote the transactions referred to in paragraph 1 shall be prohibited. Atticle 2 Article 1 shall not apply to the provision of financing and financial assistance for the sale, supply, transfer or export of military equipment, and the provision of technical advice, assis- tance or training related to military activities, to the United Nations Organisation Mission in the Democratic Republic of Congo and the integrated Congolese national army and police forces, if an authorisation for such activities has been granted by the competent authority, as listed in the Annex, of the Member State, where the service provider is established. Atticle 3 Article 1 shall not apply to the provision of financing and financial assistance for the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use and the provision of technical advice, assis- tance or training related to such non-lethal equipment, provided: (a) such provision is notified in advance by the competent authority to the Secretary-General of the United Nations through his Special Representative; and (b) an authorisation for such activities has been granted by the competent authority, as listed in the Annex, of the Member State, where the service provider is established.