COUNCIL REGULATION (EC) No 2465/97 of 8 December 1997 concerning the interruption of certain economic relations with Sierra Leone
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 228a,
Having regard to the Common Position 97/826/CFSP defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning Sierra Leone (1),
Having regard to the proposal from the Commission,
Whereas the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, decided in its Resolution 1132 (1997) that all States are to take certain measures with regard to Sierra Leone in order to contribute to resolving the crisis in Sierra Leone and obtaining the restoration of the constitutional order in that country; whereas it will re-examine these measures after 180 days, if, in the meantime, it has not decided to terminate them;
Whereas certain of these measures fall under the scope of the Treaty establishing the European Community; whereas, therefore, Community legislation is necessary to implement the pertinent decisions of the Security Council as far as the territory of the Community is concerned; whereas such territory is deemed to encompass, for the purposes of this Regulation, the territories of the Member States to which the Treaty establishing the European Community is applicable, under the conditions laid down in that Treaty;
Whereas the Security Council has also called upon the United Nations Member States to apply the measures set out in Resolution 1132 (1997) notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement signed, any contract entered into or any licence or permit granted before the adoption of said Resolution;
Whereas, therefore, the Fourth ACP-EC Convention, signed in Lomé on 15 December 1989, to which the Community and Sierra Leone are parties, does not pose an obstacle to the application of the said Security Council measures;
Whereas the competent authorities of the United Nations might change the product coverage of the sanctions against Sierra Leone; whereas, therefore, Annex I to this Regulation might have to be further amended accordingly;
Whereas the Security Council Resolution provides for certain exceptions to the restrictions imposed, subject to prior approval of the Committee set up by Resolution 1132 (1997) and to the respect of arrangements for the effective monitoring of delivery;
Whereas the names and addresses of the competent national authorities of the Member States should be indicated and the Member States must obtain the prior approval of the Committee;
Whereas, for reasons of expediency, the Commission should be empowered to supplement and/or amend Annex I to this Regulation on the basis of pertinent decisions by the competent authorities of the United Nations or, in the case of Annex II, on the basis of notifications by the competent authorities of Member States,
HAS ADOPTED THIS REGULATION:
Article 1
The following shall be prohibited:
(a) to sell or supply petroleum and petroleum products listed in Annex I, whether or not originating in the Community, in the territory of Sierra Leone;
(b) any activity, including financial, the object or effect of which is, directly or indirectly, to promote the transactions or activities referred to in point (a).
Article 2
The prohibition referred to in Article 1 shall not apply to:
(a) supplies of petroleum and petroleum products to the democratically-elected Government of Sierra Leone, at its request;
(b) supplies for verified humanitarian purposes or the needs of the Military Observer Group of Ecowas (Ecomog), at the request of other governments or United Nations Agencies,
on the condition that, through the competent national authorities, a non-objection declaration has been obtained from the Committee set up pursuant to Resolution 1132 (1997), and that the arrangements determined by the Committee for the effective monitoring of delivery are being fully respected.
The names and addresses of the competent national authorities are contained in Annex II.
Article 3
This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.
Article 4
Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed.
Article 5
The Commission and the Member States shall inform each other of the measures taken under this Regulation and supply each other with other relevant information at their disposal in connection with this Regulation, such as breaches and other enforcement problems, judgments handed down by national courts or decisions by the Committee established by Resolution 1132 (1997).
Article 6
The Commission is hereby empowered to supplement and/or amend Annex I on the basis of pertinent decisions by the competent authorities of the United Nations or, in the case of Annex II, on the basis of notifications by the competent authorities of Member States.
Such supplement and/or amendments shall be published in the Official Journal of the European Communities.
Article 7
This Regulation shall apply:
- within the territory of the European Community including its air space,
- to any aircraft or any vessel under the jurisdiction of a Member State,
- to any person elsewhere who is a national of a Member State,
- to any body which is incorporated or constituted under the law of a Member State.
Article 8
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 December 1997.