Council Regulation (EC) No 1146/2001
of 11 June 2001
concerning certain restrictive measures in respect of Liberia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 301 thereof,
Having regard to Council Common Position 2001/357/CFSP of 7 May 2001 concerning restrictive measures against Liberia(1),
Having regard to the proposal from the Commission,
Whereas:
(1) On 7 March the United Nations Security Council adopted Resolution 1343(2001), hereinafter referred to as UNSCR 1343(2001), voicing serious concern at the role played by Liberian authorities in respect of the conflict in Sierra Leone.
(2) The Security Council decided inter alia that all States should take the necessary measures to prevent Liberia from being provided with technical training or assistance to military activities related to the provision, manufacture, maintenance or use of arms and related material. On 4 May 2001 the Security Council established that the Liberian authorities did not comply with the requests from the UNSC. The necessary measures should therefore also be taken to prevent the imports of rough diamonds from Liberia, whether or not such diamonds originate in Liberia.
(3) Some of these measures fall under the scope of the Treaty and, therefore, notably with a view to avoiding distortion of competition, Community legislation is necessary to implement the relevant decisions of the Security Council as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty.
(4) 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 Committee established by paragraph 14 of UNSCR 1343(2001), in particular by supplying information to it.
(5) 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, desirable that sanctions for violations of the provisions of this Regulation can be imposed as from the date of entry into force of this Regulation and that Member States institute proceedings against any persons, entities or bodies under their jurisdiction that have violated any of the said provisions,
HAS ADOPTED THIS REGULATION:
Article 1
1. Without prejudice to the powers of the Member States in the exercise of their public authority, it shall be prohibited to provide Liberia with technical training or assistance related to the provision, manufacture, maintenance or use of arms and related material of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned.
2. The prohibition referred to in paragraph 1 shall not apply in cases where the Committee established by paragraph 14 of UNSCR 1343(2001) has granted an exemption in advance. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex II to this Regulation.
Article 2
1. The direct or indirect import into the Community of all rough diamonds as defined in Annex I from Liberia, whether originating there or not, shall be prohibited.
2. The Commission is hereby authorised to amend Annex I in order to bring it into line with changes that may be made to the Combined Nomenclature.
Article 3
Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Committee established by paragraph 14 of UNSCR 1343(2001) for the purpose of the effective implementation of this Regulation.
Article 4
The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 5
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 6
1. Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.
Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed, shall be those determined by the Member States in order to give effect to Article 13 of Regulation (EC) No 467/2001(2).
2. Each Member State shall be responsible for bringing proceedings against any natural or legal person, entity or body under its jurisdiction, in cases of violation of any of the prohibitions laid down in this Regulation by such person, entity or body.
Article 7
This Regulation shall apply
- within the territory of the Community, including its airspace,
- on board any aircraft or any vessel under the jurisdiction of a Member State,
- to any person elsewhere who is a national of a Member State, and
- to any legal person, entity or 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 cease to apply on 8 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 11 June 2001.