Regulation (EC) No 174/2005 is hereby amended as follows:

1. (1)

   Article 4(1) is replaced by the following:

   ‘1.

   By way of derogation from Article 2, the prohibitions referred to therein shall not apply to:

   (a)

   the provision of technical assistance, financing and financial assistance related to arms and related materiel, where such assistance or services are intended solely for the support of and use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces who support that Operation;

   (b)

   the provision of technical assistance related to non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for European Union, United Nations, African Union and Economic Community of West African States (ECOWAS) crisis management operations, where such activities have also been approved in advance by the Sanctions Committee;

   (c)

   the provision of financing or financial assistance related to non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for European Union, United Nations, African Union and ECOWAS crisis management operations;

   (d)

   the provision of technical assistance related to arms and related materiel intended solely for the support of or use in the Ivorian process of Security Sector Reform, pursuant to a formal request by the Ivorian Government, as approved in advance by the Sanctions Committee;

   (e)

   the provision of financing or financial assistance related to arms and related materiel intended solely for support of or use in the Ivorian process of Security Sector Reform, pursuant to a formal request by the Ivorian Government;

   (f)

   sales or supplies temporarily transferred or 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, where such activities have also been notified in advance to the Sanctions Committee;

   (g)

   the provision of technical assistance, financing or financial assistance related to non-lethal military equipment intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order.’;

2. (2)

   Article 4a is replaced by the following:

   ‘Article 4a

   1.

   By way of derogation from Article 3, the competent authority, as listed in Annex II, of the Member State where the exporter or service provider is established, may authorise, under such conditions as it deems appropriate, the sale, supply, transfer or export of non-lethal equipment listed in Annex I, or the provision of technical assistance, financing or financial assistance related to such non-lethal equipment, after having determined that the non-lethal equipment concerned is intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order.

   2.

   By way of derogation from Article 3, the competent authority, as listed in Annex II, of the Member State where the exporter or service provider is established, may authorise, under such conditions as it deems appropriate, the sale, supply, transfer or export of equipment which might be used for internal repression as listed in Annex I, which is intended solely for the support of the Ivorian process of Security Sector Reform, as well as the provision of financing, financial assistance or technical assistance related to such equipment.

   3.

   The relevant Member State shall inform other Member States and the European Commission of any authorisation made under this Article within two weeks of the authorisation.

   4.

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